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Dáil Éireann debate -
Tuesday, 1 Apr 2003

Vol. 564 No. 1

Written Answers - Packaging Regulations.

Emmet Stagg

Question:

110 Mr. Stagg asked the Minister for the Environment and Local Government the main features of the new packaging regulations which came into operation on 1 March 2003; the way in which it is intended to monitor the regulations to ensure compliance; and if he will make a statement on the matter. [8741/03]

The Waste Management (Packaging) Regulations 2003 which came into effect on 1 March 2003 are intended to facilitate the achievement by Ireland of the 50% packaging waste recovery target by end 2005 contained in EU Directive 94/62/EC on packaging and packaging waste. It is envisaged that these regulations will also support the progress made by Repak, the compliance scheme set up by industry to ensure the recovery of packaging waste, by ensuring that all members of the busi ness community, large or small, play their part in meeting Irelands packaging recovery targets.

A requirement is placed on all producers, manufacturers, importers, distributors, wholesalers and retailers – both Repak and non-Repak members for example, placing packaging on the market to segregate the packaging waste arising on their own premises – back-door packaging waste – into specified waste streams such as waste aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood and have it collected by authorised recovery operators for recycling. The regulations further provide that such waste may not be landfilled. An exemption is provided for "contaminated" waste.

"Major producers" who are subject to the main requirements of the regulations were defined in the 1997 regulations as those businesses which place 25 tonnes or more of packaging on the market each year and which have a turnover of €1.27 million or more. The new regulations reduce the turnover threshold to €1 million, which will broaden the base of major producers. It is made clear that packaging sold and consumed on a producer's premises comes within the scope of the regulations, e.g. bottles sold and consumed in pubs, clubs and hotels. This again will broaden the scope of the regulations.

The requirement on self-complying major producers, non-Repak members, to provide segregated take-back facilities for the deposit of packaging waste by customers may be fulfilled either individually or in co-operation with other self-compliers – subject to a maximum of ten major producers participating in any one group scheme, and the facilities being not more than 250 metres from any participating premises. This recognises the practical realities and space limitations faced by major producers in, for example, shopping centres, industrial estates and high streets in individually providing segregated take-back facilities.

For the purpose of enhanced visibility and awareness of the take-back requirements, specified signs indicating (a) the obligation of self-complying major producers to take back packaging waste from customers, or (b) the exemption of Repak members from these requirements, must now be of a specified minimum size and displayed at each entrance to a major producer's premises. The annual registration fees which self-compliers pay to local authorities are being increased from £5 per tonne of packaging placed on the market to €15 per tonne, subject to a minimum registration fee of €500 and a maximum fee of €5,000, up from the previous range of between €254 and €1,270. These increased registration fees should assist towards meeting local authority enforcement costs.

Self-complying major producers must now submit quarterly returns to local authorities, instead of monthly returns. This will reduce the administrative burden on self-compliers in submitting returns and on local authorities in monitoring returns. Article 13 now requires self-compliers to submit a new plan every three years on the steps which they propose to take to prevent and minimise packaging waste.
The enforcement of the obligations set out in the regulations is a matter for local authorities. In this regard, IBEC, in co-operation with my Department, is currently holding a series of regional seminars for businesses and local authorities to raise awareness of the new requirements under these regulations. In addition, my Department co-ordinates a network of enforcement officers from a number of major local authorities to facilitate improved enforcement of the packaging regulations. It is my intention to widen this network to include all local authorities in 2003.
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