Recycling
Electric Equipment and Vehicles
Electrical and electronic equipment put on the market after July 2006 is subject to collection, treatment and recycling obligations. The regulations apply to goods running on mains or battery power up to a certain voltage. Certain categories of materials are excluded.
Producers have to register with authorities. Certain goods must be labelled. Materials must be collected at source. Responsibility is individual, but collective schemes are possible.
End-of-life vehicles and their parts and materials are subject to recovery obligations. There is provision for the prevention of waste from such vehicles and for the collection, storage, treatment, and reuse of components.
Producers of vehicles must take responsibility for the recovery of vehicles put on the market after a certain date. Certain vehicles are exempted. The obligation applies to vehicles registered after 2002. Members may be exempted where they are members of a scheme.
There are special obligations to recover farm plastics. Importers and manufacturers must create a deposit and refund scheme, collect waste farm plastics and recover such waste. They must register with local authorities and provide information to the authorities. Participation in a waste recovery scheme operated by an approved body will suffice to fulfil the obligations.
There is a provision in the Directive for the establishment of a collection authority with powers of recovery. Certain records must be kept. The collection authority must maintain certain records and accounts. The waste management plan will prevail over the development plan in relation to waste management issues.
Duties of Producers I
The Waste Electrical and Electronic Equipment Directive required measures in respect of ten categories of waste. Producers must reduce the environmental impact of waste from the products. The Directive sets out provisions for the collection, treatment and recycling of the products concerned. The legislation applies to retail sales and sales by distance. Producers have financial responsibility for the requirements.
Producers are obliged to register with a central authority in each state before marketing goods within the state. They must label their goods in a manner prescribed. Producers must take individual responsibility or may enter collective schemes. There are obligations in relation to recycling and reuse for different categories of products.
Producers must take responsibility for household waste when it is deposited in collection facilities. Responsibility for non-household waste is wider and commences earlier. It must be collected from source. Producers are responsible for the full supply and recovery chain.
Duties of Producers II
The ten categories of items are as follows:
- large household appliances;
- small household appliances;
- IT and telecommunications equipment;
- consumer equipment;
- lighting equipment;
- electrical and electronic tools;
- toys, leisure and sports equipment;
- medical devices;
- monitoring and control instruments; and
- automatic dispensers.
Producers must register with the WEEE Register Society. Registration fees with The WEEE Register Society depend on turnover. Where they supply household consumer WEEE, they must join a compliance scheme, such as WEEE Ireland. The regulations are enforced by the Office for Environmental Enforcement, based in the EPA.
Producers
Producers include manufacturers, retailers, resellers of products produced by other suppliers under his own brand, importers and exporters on a professional basis, and distributors from producers who are not deemed registered or registerable.
Producers must finance the re-taking / return of WEEE and/or batteries or accumulators. They have responsibilities in relation to collection, recycling and treatment targets. They must produce a waste management plan and report to the EPA. They must register with the WEEE Register Society, which is the current national registration body. Consumers must be informed of the return and collection systems available when a new product is supplied.
Producers of household WEEE and/or batteries can join WEEE Ireland to meet compliance obligations. WEEE Ireland is a not for profit compliance scheme, working on behalf of producers. It invoices the producers monthly for management costs.
Producer members of WEEE Ireland must comply with membership terms and conditions and show visible environmental management cost to customers. This can be discharged by shelf price displays, sample in-store notices and till receipts.
Distributors
Distributors under the regulations are persons who provide electrical, electronic equipment or batteries on a commercial basis to a party who is going to use it. Therefore, in this context, the distributor includes a retailer and other resellers.
Distributors may not supply electrical and electronic equipment from a producer who is not in possession of a valid certificate of registration from the registration body or who does not display the registration number on invoices, credits, delivery documents etc.
Distributors of batteries and accumulators may not distribute batteries or accumulators from a producer who is not in possession of a valid certificate of registration from the registration body and unless the above provisions are complied with.
Distributors (including retailers) are required to ensure the costs, as set out in the environmental management costs, are indicated in writing to each purchaser. The contributions to the Producer Recycling Fund must be indicated to the purchaser in relation to the price.
Accept Back Waste
Distributors/retailers who sell new products must accept back electronic waste from private households free of charge on a one-to-one basis. This is provided that the waste electrical and equipment is of equivalent type or fulfils the same function as the supplied equipment. They need not accept contaminated waste or electrical or electronic equipment that is a risk to health and safety unless the distributor/retailer is responsible for the contamination.
Distributors and retailers must accept batteries and accumulators from private householders, free of charge, provided they are of equivalent type to those available for purchase from the premises. A purchase is not required. Retailers may be limited to 5 kg per return.
Waste portable batteries that are leaking constituent material may be refused. Retailers must inform customers of the return and collection systems available when supplying a new product.
Distributors/retailers may, with the agreement of the local authority, make alternative arrangements in order to ensure that the obligations are discharged by a nominated distributor, group of distributors or a third party acting on their behalf. A notice must be shown at the entrance of the retail premises which operates such a scheme or system. Distributors/retailers of EEE must register with the local authority or WEEE Ireland in order to recycle in a local authority site.
Distributors/retailers must indicate to customers in writing the last day on which waste can be returned free of charge. Where appropriate, an alternative collection point may be indicated, provided it is not more difficult for the customer and remains free of charge.
Distance Sellers
Distance sellers outside Ireland are deemed producers and must register with WEEE Ireland. Producers based outside of Ireland who supply to consumers by way of distance communication must register with WEEE Ireland, the WEEE Register Society. Such a producer must notify consumers, and they must notify customers that household EEE will be taken back free of charge on a one for one basis.
Distance sellers must provide consumers with the address in the State where they may be taken to. They must provide 24 hours notice of delivery and take back, on a one-to-one basis, when the replacement EEE is being delivered.
They must display certain information on their website, where applicable and in other electronic means of communication in each of the catalogues, brochures, direct mail communications and in each invoice. They must show the producer recycling fund cost.
Reforms
The European Union Waste Electrical and Electronic Equipment Regulations 2014 implement the 2012 Directive. The obligation to finance environmentally sound management of waste equipment rests with the producer who places it on the market.
Producers must provide a financial guarantee in relation to products in the market, demonstrating that the full cost of environmentally sound management of the waste equipment will be financed when it is ultimately discarded. A blocked bank account bond, insurance policy or self-insurance is required.
Producers may appoint an authorised representative to carry out their obligations. Consumers may bring unwanted electrical and electronic equipment to their civic community centre for recycling. WEEE Ireland publishes details of the relevant collection and recycling in the relevant facility.
Consumers may bring WEEE within 15 days to retailers when they purchase new equipment on for a like-for-like basis. Retailers must collect WEEE within 15 days of delivery of a new item, provided the item is disconnected from all mains, is not a risk to health and safety and is readily available for collection. Retailers must give 24 hours’ notice prior to collection.
There is an exemption; the Regulations exempt collectors of WEEE from the obligation to obtain a waste collection permit.
From 2018, large-scale stationary industrial tools, large-scale fixed installation, and means of transport for persons and goods, including electric two-wheel vehicles, and non-road mobile machinery, are included in the range of equipment within the scope of the WEEE Regulation.
Vehicles
The End of Life Vehicles Directive seeks to reduce waste from vehicles and seeks to promote the recycling and recovery of end of life vehicles and their parts. It seeks to improve the environmental performance at all levels in the businesses involved in the vehicle’s lifecycle and in particular, entities and businesses involved in the treatment of end-of-life vehicles. An “end of life” vehicle is a vehicle which is waste, which is defined in terms of being discarded.
The Directive makes provision for the prevention of waste in such vehicles, their collection, storage, treatment and disposal or their re-use and recovery. There are prescribed coding standards for producers and equipment makers in order to facilitate identification, recovery, reuse and control.
States must procure that waste vehicles are delivered to an authorised treatment facility for the purpose of issuing a certificate of destruction without cost to the last holder or owner. They may regulate the establishment and the undertaking of treatment operations by way of waste permits. The Directive seeks to pass back the costs and responsibility for waste to the original producer.
The Waste (End of Life Vehicles) Regulations were updated in 2014. Each producer or importer of vehicles must establish a national collection system for cars of its brand which cease to be used and become end-of-life vehicles. They must be subject to appropriate treatment and recovery. There must be at least one authorised treatment facility within the area of a local authority.
Duties for Vehicles Producers
Producers must finance free take back and recovery of end of life vehicles. Recovery means treatment and recovery in accordance with a waste license.
Regulations may exempt vehicles or classes of vehicles from being classified as an end of life vehicle or may deem them to be included. Regulations may make provisions in order to ensure that the owner of an end of life vehicle may deposit it at a treatment facility, for treatment and recovery without cost. This applies to vehicles registered before certain dates, appointed from time to time.
Provision may be made for the establishment of a collection authority with powers to recover contributions by producers. Provision may be made for the making of declarations by producers to the authority within set time frames.
Records may be required. The collection authorities must hold records and accounts regarding its resources. The collection authority may enter into arrangements to enable producers to comply with their liabilities. The requirements, in respect of financial resources, may be eased and postponed in certain cases.
Producers who are a member of an approved body may be exempted from the requirement. The Minister may approve bodies or associations carrying on activities to ensure the recovery of end-of-life vehicles. The bodies may be licensed.
There are provisions for the exemption of producers from the requirements of the regulation. This may arise where the producer shows to the satisfaction of the Minister, that it has put in place arrangements to ensure the end of life vehicle produced by it can be deposited in accordance with the principles of the legislation.
Provision may be made where the vehicle does not contain essential components; for example, an engine and coach work contains waste or was not duly licensed. The may modify the right to deposit.
The owner or operator of an authorised treatment facility must issue a certificate of destruction to the registered owner and notify the Minister of the issue of the certificate. The Minister must update the records in respect of the vehicle.
A person who fails to comply with obligations to deposit a vehicle at an authorised treatment facility is guilty of an offence. There is provision for breach of the regulations by other entities and intermediaries with responsibilities. Persons convicted summarily are subject to a fine up to €3000 and or imprisonment of 12 months. They are subject on conviction on indictment, to imprisonment up to 10 years and a fine of €15 million.
Tyres
In 2017, Waste Management (Tyres and Waste Tyres) Regulations 2017 were introduced and The Producer Register Ltd hold responsibility for the registering of all companies considered a producer as defined in S.I. 400 of 2017
Packaging
The Waste Management Packaging Regulations provided for a collective waste management scheme. The European Union Packaging Regulations 2014 updated the requirements increasing the targets for recovery of recycled packaging to a minimum of 55%.
The European Union Waste Management Packaging Regulations require all producers, including manufacturers, importers, distributors, wholesalers and retailers who place the packaging in the market to segregate packaging waste on their own premises into specified waste streams. This, for example, may include waste glass, paper, aluminum, fire board, wood, plastic sheeting. It must be collected by authorised operators for recycling. The landfill is not permitted.
If the supplier is a member of repack or other authorised scheme, the packaging may be returned to a contractor, may be given to a contractor approved by repack. Otherwise, the producer must take it back.
Packaging waste is subject to EU legislation designed to reduce the production of waste and to facilitate its reuse and recycling. Producers, importers, manufacturers, distributors and retailers who place packaging waste on the market must segregate waste arising on their premises into waste streams.
Packaging waste must be collected by an authorised operator. Packaging waste sold or consumed at the business premises is subject to regulations. Local authorities are responsible for the enforcement of the regulations. Major producers must comply themselves or participate in a scheme run an approved body. Repak is the principal approved body.
Major producers or producers who opt for individual compliance must provide segregated take back facilities for packaging waste. This may be done individually or in co-operation with other business. Businesses must accept packaging waste free at their premises for the type of waste produced by then. Within a week of being requested, they must collect packaging waste from the person to whom packaging waste is supplied.
Producers must maintain a sign at their entrance specifying the obligation of self-complying major producers or membership exemption via Repak membership. They must register with the local authority and pay a fee of €50 per tonne of packaging supplied annually subject to minimum and maximum 500-5000. Packaging waste collected must not be less than 50% of the waste supplied in the preceding quarter. The latter obligation applies to a major producer who is an importer of packaged goods or who is packer or filler. A plan must be submitted every three years in relation to steps taken to recover and minimise packaging waste.
A supplier who participates in the Repak scheme has fewer obligations. Repak itself operates a package recovering scheme. It is open to membership by all packaging suppliers. Certain producers are obliged to publish notices twice yearly of their obligation to accept packaging waste of a type or brand supplied by them, free of charge. Local authorities must publish similar notices.
Circular Economy Fund
The Circular Economy Fund replaces the Environment Fund and transfers any remaining funds in the Environment Fund to the Circular Economy Fund. The Minister shall manage and control the fund.
The Minister may set out guidelines in relation to the carrying out of certain activities and payment shall not be made unless the activity is carried out in line with the guidelines.
The Environmental Protection Agency (the Agency) establishes a Circular Economy Programme setting out measures to be taken by the Agency to give effect to the objectives of the Circular Economy Strategy and that the Programme shall be reviewed at least once every 6 years.
Environmental levy
The Minister is to make regulations setting levies for the supply to customers at supermarkets, service stations or other specified classes of retail premises of single-use cups, containers, packaging (or specified classes thereof) and plastic bags or specified classes of plastic bags.
IN making regulations, the Minister must have regard to the material wastage associated with the single-use item or class or classes of single-use item.
The Minister may make regulations charging levies where he or she is satisfied that there is a suitable reusable alternative, or suitable alternative with a lower level of material wastage and that the alternative is, or could be made, readily available.
Calculation of Levy
The Minister sets the amount of the levy having regard to the aim of reducing waste and reducing the use of the single-use item concerned. It also provides that the amount of the levy must be in the range of €0.20 to €1.00 for each item. The he Minister may alter the amount of the levy no more than once in each financial year.
The calculation method to be used in altering the amount of the levy is linked to changes in the consumer price index.
Subsection 9 provides a definition for ‘consumer price index number’.
Payment of Environmental Levy
The levy is to be paid by a person carrying out a business at a supermarket, service station or other specified class of retail premises. Regulations must specify the collection authority to whom the levy shall be payable and will confer powers on a collection authority for the collection and recovery of the levy.
A list of items which may be provided for in the regulations, including the keeping and furnishing of records, the exclusion of certain classes of single-use items from the levy, exceptions in specified circumstances from the liability to pay the levy and the payment of the levy into the Circular Economy Fund less any specified amounts which the collection authority is allowed to retain to defray the costs of collecting the levy.
There is simple interest payable on unpaid levy, at a rate of 0.0322 percent per day; that interest is payable to the collection authority; that levy includes any estimated amount which has been included in a notice served by a collection authority on the person liable to pay the levy concerned; and that interest paid will be treated as levy.
Offences re Environmental Levy
It is an offence to fail to pay levy which is due, to fail to comply with regulations or to fail to comply with any term or condition of a scheme in relation to payment of a levy.
In proceedings to recover the levy, or for an offence, it shall be presumed that the single- use item falls within the meaning of this section and that the number of items supplied to customers shall be equal to the number of items acquired for supply, until the contrary is proven.
There is a fine or imprisonment on summary conviction or conviction on indictment and should the contravention continue after conviction that the person shall be guilty of a further offence on every day the contravention continues.In imposing a penalty under subsection (4), shall have regard to the risk or extent of environmental pollution, and any remediation required.
Prohibition on sale of Single-Use Items
The Minister may make regulations, subject to approval of Government, prohibiting the supply of any or all single-use cups, containers, packaging and plastic bags.Any such regulations cannot come into force for a minimum of 6 months;
Any breach of any provisions of regulation are covered by penalties contained . In making regulations, the Minister must be satisfied that, in respect of the single-use item or the class or classes of single-use item concerned, a suitable re- usable alternative or a suitable alternative with a lower level of material wastage is, or could be made, readily available.
National Food Waste Prevention Strategy
The Minister may make and submit to Government for approval a National Food Waste Prevention Strategy detailing policies, objectives and priorities of the Government. This is to be done at least once every 3 years and provides for the Government to approve, or approve with modifications, a Strategy submitted to them.
The Act provides for the strategies and plans the Minister must take account of in making the National Food Waste Prevention Strategy. The Strategy is published on a website maintained by the Minister or the Government.
Waste Recovery Levy
The Minister may make regulations setting a chargeable levy in respect of waste recovery activities, or export of waste for recovery. The Minister may alter the amount of the levy once per year by no more than €50 and that the total amount of the levy cannot be more than
€120. Different levies may apply to different classes of activity.
The person liable to pay the levy is specified. Interest is to be payable; provides for local authorities to collect the payment or Dublin City Council for the export of waste for recovery; A person who fails to pay the recovery levy shall be guilty of an offence. The levy will be paid into the Circular Economy Fund.
Regulations re Waste and by-product processes
The Minister has powers to make regulations under the Waste Directive Regulations 2011. It provides for regulations to cover matters in relation to notifications to the Agency and determinations or decisions by the Agency; and for the setting of rules on the storage movement handling or storage of waste either before or after a determination or decision. There is also provision for the payment, waiving or refund of fees for a notification and different fees for different classes of cases.