EPR Guide - Flipbook - Page 37
• Loss of Control / Forced Compliance: If a company consistently fails to
comply, authorities could effectively force them into a compliance scheme
or take other measures. There was also talk in consultations of potentially
barring companies from selling in extreme cases (under environmental
permitting ideas), though that’s an ultimate threat rarely used.
• Contractual and Commercial Risks: Aside from government penalties,
consider commercial fallout. If you’re a supplier and you drop the ball on
EPR (say you don’t report data to a client who is the brand owner, causing
them to miss reporting), you could breach contracts. Or, if an end-client
昀椀nds out their logistics provider wasn’t handling packaging sustainably,
you might lose business. In sectors like retail, larger companies are
auditing their suppliers on compliance.
Enforcement so far (2024–2026): The 昀椀rst years of EPR are somewhat of a
bedding-in period. Regulators have been focused on getting companies signed
up and educated. However, they have made clear that ignorance or dif昀椀culty is
not an excuse. Thousands of companies registered in 2023/24 after notices
went out. If you somehow missed those notices and only discover now that
you should have been complying, it’s imperative to act immediately: register
late, submit the data you have, and communicate proactively. It’s better to
come forward late than be caught hiding. Regulators often show leniency if
you self-report issues and rectify them, whereas intentional non-compliance
faces full penalties.
In short, the risk of non-compliance far exceeds the cost of compliance.
Budget for the fees, set up the processes, and sleep easier knowing your
company won’t be hit with enforcement surprises. And beyond avoiding
negatives, compliance positions you to take advantage of some positives,
which leads us to the 昀椀nal section.
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