Two temporary regulatory positions under the producer responsibility regime have been developed for Scotland for use during the COVID-19 public health emergency.
We recognise that during a significant outbreak of COVID-19 the ability of operators to run their operations may be compromised by a lack of available staff, and/or the need to protect staff and minimise transmission of the COVID-19 virus.
During this period, we expect regulated businesses to make their best endeavours to meet their environmental obligations and are helping regulated businesses to adjust and adapt recognising that resources and capacities are severely constrained.
We have developed two temporary regulatory positions on specific registration requirements under the producer responsibility regime in recognition that, in some cases, producers may be unable to comply for reasons beyond their control. These are:
Producer responsibility (packaging) payment of late registration fees
We recognise the financial, administrative and logistical challenges that COVID-19 poses to regulated businesses. In particular, we appreciate that some producers may be experiencing financial hardship and will not have the cash flow to pay producer registration fees to SEPA, or to pay membership fees to their compliance scheme operators, on time.
Subject to a producer complying in full with the conditions set out in the temporary regulatory position statement, any failure by that producer to comply with the specified regulatory requirements will not be treated as a non-compliance for compliance assessment or enforcement purposes.
Producer responsibility - packaging, WEEE and batteries (data)
We have adopted a temporary regulatory guidance and regulatory position on specific data submission requirements under the producer responsibility regimes.
We recognise the administrative and logistical challenges that COVID-19 poses to operators regulated under the producer responsibulity regulations. In particular, SEPA appreciates that some operators may not be able to provide SEPA with wholly accurate or complete data in complying with their regulatory reporting requirements.