Recycling
2021 S.I. No. 599/2021 –
Separate Collection (Deposit Return Scheme) Regulations 2021
I, EAMON RYAN, Minister for the Environment, Climate and Communications, having regard to section 4 of the European Communities Act 2007 (No. 18 of 2007), and in exercise of the powers conferred on me by section 29 (4)(f) of the Waste Management Act, 1996 (No. 10 of 1996), and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment 1 which imposes obligations on the State that relate, in whole, to matters to which the said section 29 (4)(f) relates, hereby make the following regulations:
PART I
Preliminary and General
Citation and commencement
1. (1) These Regulations may be cited as the Separate Collection (Deposit Return Scheme) Regulations 2021.
(2) These Regulations shall come into operation on 20th November 2021.
Interpretation
2. In these Regulations, save where the context otherwise requires –
“Act” means the Waste Management Act 1996 (No. 10 of 1996) and every other enactment which is to be read together with that Act;
“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“approved body” means any person, association or body corporate approved by the Minister to operate a deposit return scheme in accordance with Regulation 7;
“authorised person” means a person who is appointed in accordance with Section 5(1) of the Act;
“beverage” means a liquid intended for human consumption by drinking, it does not include milk or other dairy-based products;
“consumer” means a natural person who is acting for purposes unrelated to the person’s business or profession and includes, in the context of a return of an in-scope bottle or in-scope container a person, whether or not the person bought the relevant in-scope product from a retailer;
“deposit return scheme” means a scheme under which the consumer at the point of sale pays an amount that is not part of the sales transaction, referred to in these Regulations as “the deposit”, for in-scope product within the scope of these Regulations, on condition that the deposit is refunded to the consumer when the empty in-scope bottle or in-scope container is returned to an approved return point;
“Directive” means Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment 2 ;
“green procurement” means procurement whereby goods, services, works and utilities that have a reduced impact on the environment throughout their life cycle are selected over alternative products or solutions;
“in-scope bottle” means a beverage bottle described in Regulation 3(1) without the beverage contained in it;
“in-scope container” means an aluminium or steel beverage container described in Regulation 3(2) without the beverage contained in it;
“in-scope product” means an in-scope beverage bottle or in-scope beverage container described in Regulation 3 together with its contents when sold;
“local authority” has the same meaning as it has in Section 5 (1) of the Act;
“Minister” means the Minister for the Environment, Climate and Communications;
“placed on the market” means the first sale or supply of an in-scope product for the purpose of trade or otherwise in the course of business in the State;
“producer” means any person, irrespective of the selling technique used, who is first to place in-scope products on the market in the State;
“retailer” means any person who for the purpose of trade or otherwise in the course of business sells or otherwise supplies in-scope products to a final consumer;
“return point” means a premises registered in accordance with Regulation 15 to take back in-scope bottles and in-scope containers.
Scope
3. These Regulations shall apply to –
(1) Beverage bottles which are manufactured from polyethylene terephthalate (PET bottles) with a capacity of up to 3 litres and their component parts which are used and sealed for the sale of a product contained in them, and for which a deposit under Regulation 17 has been paid.
(2) Beverage containers which are manufactured from aluminium or steel with a capacity of up to 3 litres and their component parts which are used and sealed, for the sale of a product contained in them, and for which a deposit under Regulation 17 has been paid.
(3) These Regulations shall not apply to –
(a) Plastic beverage bottles which are not manufactured from PET.
(b) Aluminium or steel containers which are not designed to contain a beverage.
PART II
ESTABLISHMENT OF A DEPOSIT RETURN SCHEME
4. (1) Producers shall establish a Deposit Return Scheme (hereafter “the scheme”) to operate in respect of in-scope bottles, in-scope containers and in-scope products.
(2) Producers may appoint a person to apply to the Minister in accordance with these Regulations to operate the scheme referred to in paragraph (1) on their behalf.
(3) (a) The costs of operating a scheme shall be recouped from –
(i) registration fees set by an approved body,
(ii) producer fees set by an approved body on the basis of quantity and material type placed on the market,
(iii) unredeemed deposits as provided for in these Regulations,
(iv) revenue derived from the sale of returned in-scope bottles and containers,
(v) any other income source created by an approved body.
(b) An approved body shall set any producer and registration fees to meet only its costs of operation and not for profit.
PART III
APPROVED BODY
Functions of an Approved Body
5. (1) An approved body shall –
(a) carry out all the functions for which they are approved effectively and in a financially sound manner,
(b) achieve separate collection rates for recycling of in-scope bottles in accordance with the Directive,
(c) achieve EU recycling targets for in-scope containers,
(d) audit the producers registered with it in accordance with these Regulations,
(e) audit the retailers registered with it in accordance with these Regulations,
(f) engage with approved waste collectors to ensure separate collection, appropriate processing and counting of in-scope bottles and in-scope containers,
(g) provide the Minister, the Agency and the relevant local authority with information relating to producers, retailers and return point operators registered with it in accordance with these Regulations,
(h) gather information from producers, retailers and return point operators in connection with their participation in the Deposit Return Scheme,
(i) provide the Minister, the Agency and a local authority with all reasonable information they may seek in order to verify compliance with these Regulations and relevant requirements of the Directive,
(j) advise the Minister of any developments in the area of waste management which in the opinion of the approved body could improve the effectiveness of the scheme including the potential future benefits of such a scheme for other materials and new waste collection methodologies,
(k) advise the Minister on the appropriate level of deposit and the type of deposit or both.
Application for approval
6. (1) An application to the Minister for approval of a person to operate a Deposit Return Scheme shall be made in writing and accompanied by the following,
(a) (i) where the applicant is a body corporate:
(I) a copy of the Articles of Association of the body corporate,
(II) the appropriate certificate issued by the Companies Registration Office,
(III) the names and addresses in the State of the officers of the body corporate or agent applying for approval and its board of directors,
(IV) the registered office and the address of the secretary, if different from the registered office,
(ii) where the applicant is not a body corporate, the names and addresses in the State of officers of the applicant,
(b) proposals relating to corporate governance of the applicant in line with any guidance from the Minister in relation to such governance,
(c) proposals for the composition of the board of the approved body,
(d) a business plan in relation to the proposed scheme,
(e) a financial plan in relation to the proposed scheme,
(f) proposals for a contingency reserve to cover all the costs, including the consequential expenses, associated with the winding up of an approved body which has its approval revoked, goes into liquidation, examination or receivership or bankruptcy, as appropriate or enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
(g) proposals for engagement with retailers,
(h) proposals for determining the minimum threshold scope for all materials to which these Regulations apply,
(i) proposals for the achievement of separate collection targets established in the Directive of in-scope bottles returned to retailers or return points,
(j) proposals on engagement with authorised waste collectors to ensure separate collection for in-scope bottles and in-scope containers returned to retailers or return points,
(k) proposals for achieving EU targets for recycling of in-scope containers,
(l) proposals on engagement with recovery operators for achieving food quality recyclate of separately collected in-scope bottles and in-scope containers,
(m) proposals relating to co-operation with other approved bodies, authorised waste collectors and recovery operators,
(n) proposals in relation to Rules of Membership for producer members, retailer members and return point members of the approved body participating in the scheme together with details of relevant participation fees,
(o) proposals for reconciliation and audit of information supplied by producer members, retailer members and return point members of the approved body,
(p) proposals for obtaining information from local authorities who facilitate return points,
(q) proposals for obtaining information from producers, retailers and return point operators in connection with their participation in the Deposit Return Scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered,
(r) an undertaking to submit information, in such form and at such frequency as may be specified by a local authority or, as appropriate, the Agency in relation to activities carried out and information held by the approved body,
(s) proposals for the certification of membership of producers, retailers and return point operators for the purposes of Regulations 13, 14 and 15,
(t) proposals for the establishment of return points separate to retailers that will maximise the separate collection and recycling of in-scope bottles and in-scope containers,
(u) proposals for engagement with charitable, sporting and community groups to enable their participation in the scheme,
(v) proposals relating to green procurement,
(w) proposals relating to the awareness raising measures the approved body will take to inform purchasers of the location and operation of retailers and return points,
(x) proposals for the methods of collection, sorting, storage, transportation and management of returned material, including proposals for engagement with relevant contractors, service providers and authorised waste collectors,
(y) proposals detailing the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister, as appropriate, to enable the monitoring of the achievement or not of the targets, and
(z) proposals detailing the methods of repayment that may be used by a retailer or other return point in returning the deposit to a consumer.
Grant or refusal of approval
7. (1) An approval granted by the Minister to a person to operate a scheme shall oblige an approved body to implement the proposals agreed as part of the application process.
(2) Subject to Regulations 8 and 10, an approval granted by the Minister under this Regulation shall be for a period of not more than 10 years.
(3) An approval granted under paragraph 1 shall be reviewed by the Minister by the end of the second quarter of the third year after the grant of approval and by the end of the second quarter of each third year following.
(4) An approval in accordance with the provisions of paragraph 1 shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to –
(a) the articles of association of the body corporate,
(b) the appropriate certificate issued by the Companies Registration Office,
(c) corporate governance,
(d) the representation of micro, small and medium enterprises on the board of the approved body and the composition of the board of directors,
(e) the business plan,
(f) a contingency reserve,
(g) co-operation with other approved bodies and individual producers,
(h) any aspects of the scheme to be undertaken by the approved body for the environmentally sound management of in-scope containers and in-scope bottles,
(i) the achievement of the collection rates and targets as referred to in Regulation 5,
(j) the determination and verification of the effects of measures to be undertaken with regard to the environmentally sound management of in-scope containers and in-scope bottles,
(k) the rules of membership of the body corporate and the membership fee structure,
(l) non-discrimination against any producer on the grounds of the quantity or, as appropriate, type of in-scope products that he or she places on the market in the State,
(m) the certification of producers for the purpose of Regulation 13,
(n) green procurement,
(o) measures to be undertaken by the body concerned relating to the dissemination of information to the public regarding the Deposit Return Scheme,
(p) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister,
(q) any other matters the Minister may consider appropriate.
(5) The Minister may, by notice in writing, from time to time attach a new condition or, as the case may be, vary any existing condition attached to an approval under this Regulation.
(6) Without prejudice to paragraph 4(f), in the event that an approved body:
(a) has its approval revoked in accordance with the provisions of Regulation 10,
(b) goes into liquidation, examination or receivership, as appropriate,
(c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
the contingency reserve provided for in Regulation 6, shall not be used by any person or persons, including the liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer, supplier or, as appropriate, authorised waste collector concerned as laid down in these Regulations.
Review of approval
8. (1) Subject to paragraph (2), where it appears to the Minister that,
(a) new targets are set for the separate collection of in-scope bottles or in-scope containers,
(b) it is necessary to ensure equitable distribution of producer or retailer responsibility obligations, or
(c) a review of an approval granted in accordance with the provisions of Regulation 7 is required because the Minister is of the opinion that there is a risk of a failure to comply with the approval, the Minister may seek submissions and proposals from the approved body to meet the new circumstances.
(2) Where the Minister proposes, separate to a review under Regulation 7(3), to review an approval granted in accordance with the provisions of Regulation 7 the Minister shall:
(a) give notice in writing to the approved body of the proposal and the reasons therefore,
(b) specify a period of not less than 3 months within which the approved body may make a submission to the Minister in relation to a review or make new proposals as the case may be, and
(c) consider any submissions, or proposals so made.
(3) Following the consideration of any submissions or proposals made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.
(4) The issue of a revised approval by the Minister on the basis of new proposals made by the approved body shall oblige the approved body to implement the new proposals upon which the Minister has confirmed the approval.
Expiry of approval
9. Where an approval granted in accordance with the provisions of Regulation 7 or a revised approval granted in accordance with Regulation 8 is due to expire, the approved body concerned shall:
(a) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body, or
(b) not later than 12 months before the expiry of the approval, if intending to continue to operate a Deposit Return Scheme, make an application to the Minister under Regulation 6.
Revocation of approval
10. (1) Subject to paragraph 2, where it appears to the Minister that an approved body is not,
(a) complying with the terms of the approval,
(b) complying with conditions attached to such approval, or
(c) meeting the relevant targets for separate collection or recycling,
the Minister may revoke an approval under Regulation 7 or revised approval under Regulation 8.
(2) (a) Where the Minister proposes to revoke an approval or a revised approval, the Minister shall:
(i) give notice in writing to the approved body of the proposed decision and the reasons therefor,
(ii) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and
(iii) consider any submission so made.
(b) Following his or her consideration of a submission made by the approved body, the Minister may decide –
(i) to seek proposals from the approved body for the purpose of issuing a revised approval in accordance with Regulation 8, or
(ii) revoke the approval or revised approval.
Use of logo adopted by an approved body
11. No person shall, other than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body.
Information to the Agency
12. The Minister may oblige an approved body to provide the Agency or a relevant local authority with any data necessary in relation to activities carried out by producers, retailers or return points registered with that body, to enable the Agency or local authority to fulfil its obligations under these Regulations or the Directive.
Part IV
OBLIGATIONS OF PRODUCERS
13. (1) A producer shall not place in-scope products on the market unless he or she is a member of an approved body.
(2) A producer will pay the deposit to an approved body for the in-scope products they place on the market at the point when they place them on the market.
(3) A producer shall charge a deposit on all in-scope products he or she places on the market in the State and provide the consumer with proof of payment of the deposit.
(4) A producer shall –
(a) register with an approved body,
(b) provide details to the approved body with whom they have registered of all in-scope products they place on the market,
(c) pay any registration and producer fee as required by the approved body,
(d) furnish information in connection with their participation in the Deposit Return Scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered,
(e) label an in-scope product as prescribed by an approved body.
PART V
OBLIGATIONS OF RETAILERS
14. (1) Where a deposit under these Regulations is applicable, a retailer shall charge the deposit on the in-scope product to the customer and provide the consumer with proof of payment of the deposit.
(2) A retailer shall –
(a) register with an approved body,
(b) display in a manner that is visible to all customers the certificate of registration with the approved body,
(c) ensure that the payment of the deposit is itemised on the proof of payment in the manner agreed with the approved body,
(d) furnish information, in such form and at such frequency as specified by the approved body,
(e) ensure that the facility for taking back in-scope bottles or in-scope containers or both on their premises is visible and easily accessible to persons who may wish to return in-scope bottles or in-scope containers,
(f) take back every in-scope bottle and in-scope container returned to it by a consumer in a manner agreed between the retailer and the approved body,
(g) provide storage for the in-scope bottles and in-scope containers or both taken back in a manner agreed with the approved body,
(h) display in a manner that is visible to all customers the location of the closest return point that has agreed to accept the return by customers of in-scope bottles and in-scope containers on behalf of the retailer where a take-back arrangement, other than that at paragraph (f), has been agreed with the approved body, and
(i) return to an approved body, in a manner agreed with said body, all returned in-scope bottles and in-scope containers.
(3) (a) A retailer shall immediately reimburse the value of the original deposit paid, in a manner prescribed by the approved body, to a consumer who presents an in-scope bottle or in-scope container for return, irrespective of where the in-scope product was purchased and the deposit first paid.
(b) A retailer shall not be required to take back –
(i) an in-scope bottle or in-scope container that is damaged,
(ii) an in-scope bottle or in-scope container that is not empty,
(iii) an in-scope bottle or in-scope container that does not have marking that indicates a deposit was payable on the purchase of the in-scope product to which it relates.
PART VI
OBLIGATIONS OF RETURN POINT OPERATORS
15. (1) A return point shall –
(a) register with a an approved body,
(b) display in a manner that is visible to all customers the certificate of registration with the approved body,
(c) furnish information, in such form and at such frequency as specified by the approved body,
(d) take back every in-scope bottle and in-scope container returned to it by a consumer in the manner agreed between the return point and the approved body,
(e) ensure that the facility for taking back in-scope bottles or in-scope containers is visible and easily accessible to persons who may wish to return in-scope bottles or in-scope containers,
(f) provide storage for the returned in-scope bottles and in-scope containers in a manner agreed with the approved body, and
(g) return to an approved body, in a manner agreed with said body, all returned in-scope bottles and in-scope containers.
(2) (a) A return point operator shall immediately reimburse the value of the original deposit paid, in a manner prescribed by the approved body, to a consumer who presents an in-scope bottle or in-scope container, irrespective of where the in-scope product was purchased.
(b) A return point shall not be required to take back –
(i) an in-scope bottle or in-scope container that is damaged,
(ii) an in-scope bottle or in-scope container that is not empty,
(iii) an in-scope bottle or in-scope container that does not have marking that indicates a deposit was payable on the purchase of the in-scope product to which it relates.
PART VII
EXEMPTIONS FROM PART V OBLIGATIONS
16. Where an in-scope product is purchased and consumed on the premises, the retailer shall be exempted from the obligation to charge a deposit under Regulation 14.
PART VIII
THE DEPOSIT
17. (1) The deposit shall be as set out in Schedule 1.
(2) The deposit shall be itemised as a separate line item on any invoice, receipt, credit note, dispatch and delivery docket containing the price of in-scope products.
(3) The Minister may set, and adjust, the deposit amount or amounts after consultation with an approved body, where it appears that –
(a) the cost is insufficient to incentivise consumers to return in-scope bottles and in-scope containers to the scheme, or
(b) the revenues returned to the approved body from the scheme are exceeding or are insufficient to cover operational costs.
(4) The refundable nature of the deposit shall be made clear to the consumer in all material promoting the scheme and all points of sale.
PART IX
ENFORCEMENT
18. (1) Each local authority shall be responsible for the enforcement of the provisions of these Regulations within their functional areas and shall appoint authorised persons to take such steps as are necessary for this purpose.
(2) An authorised person may exercise the powers conferred on such a person under section 14 of the Principal Act for the purposes of enforcing Regulations 13(1), 13(2), 13(3), 13(4)(a), 13(4)(b), 13(4)(c), 13(4)(e), 14(2)(b), 14(2)(e), 14(2)(f), 14(2)(g), 14(2)(h), 14(2)(i), 14(3)(a), 15(1)(b), 15(1)(d), 15(1)(e), 15(1)(f), 15(1)(g) and 15(2) of these Regulations and, accordingly, a reference in that Act includes a reference to these Regulations.
PART X
MISCELLANEOUS
19. Offences
(1) Any person who contravenes or fails to comply with a provision or provisions of Regulation 11, 13, 14 or 15 shall be guilty of an offence.
(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
20. Prosecutions and Penalties
A prosecution for an offence determined in accordance with Regulation 19 will be subject to the penalties in section 10 of the Act and prosecuted in accordance with section 11, 12 and 13 of the Act.
First Schedule
Deposit to be charged in accordance with Regulation 17 of these Regulations
Deposit for an item mentioned in column (2) of the Schedule at any reference number opposite is fixed at the amount mentioned in column (3) of that Schedule at that reference number
Reference Number
(1)
Item
(2)
Amount
(3)
1
In-scope bottles
0.00c
2
In-scope containers
0.00c
/images/ls
GIVEN under my Official Seal,
17 November 2021.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations enable the establishment of a Deposit Return Scheme in Ireland. They are intended, in particular, to achieve the separate collection targets for PET plastic bottles contained in Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment and the recycling targets for aluminium established in Directive (EU) 2018/852 of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste, with a view to promoting the recovery and recycling of packaging waste.
In summary, they introduce the following:
• A requirement on producers of in-scope products to establish a Deposit Return Scheme or to appoint a body to operate it on their behalf.
• The Deposit Return Scheme will apply to beverage bottles manufactured from PET with a capacity of up to 3 litres and beverage containers manufactured from aluminium or steel with a capacity of up to 3 litres.
• An application and approval process for the appointment of an approved body to operate the scheme and the functions to be carried out by such an approved body.
• The obligations required of producers to comply with these Regulations.
• The obligations required of retailers and return points to comply with these Regulations.
• Provisions relating to the deposit to be paid.
Enforcement provisions and reporting requirements are also contained in the Regulations.
1 OJ No L155, 12.6.2019, p.1
2 OJ No. L155, 12.6.2019, p.1
S.I. No. 609/2022 –
European Union (Extended Producer Responsibility) (Tobacco Filters Containing Plastic) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, having regard to section 4 of the European Communities Act 2007 (No. 18 of 2007) and in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment1 hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation and commencement
1. (1) These Regulations may be cited as the European Union (Extended Producer Responsibility) (Tobacco Filters Containing Plastic) Regulations 2022.
Interpretation
2. (1) In these Regulations, unless the context otherwise requires:
“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No.7 of 1992);
“approved body” means any person, association or body corporate approved by the Minister in accordance with Part III of these Regulations;
“authorised person” means a person who is appointed an authorised person in accordance with section 5(1) of the Principal Act;
“authorised representative” means any natural or legal person established within the State who has been appointed by written mandate from a producer, established in another Member State to fulfil the obligations of that producer, pursuant to these Regulations in the State;
“Certificate of membership” means a certificate issued by an approved body under Regulation 5;
“Companies Acts” means the Companies Acts 2014 and every other enactment which is to be read together with that Act;
“Directive” means Directive EU 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment;
“Minister” means the Minister for the Environment, Climate and Communications;
“packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such material, container or wrapping as may be prescribed;
“placed on the market” means the first sale or supply of a relevant product for the purpose of trade or otherwise in the course of business in the State”;
“plastic” shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Principal Act” means the Waste Management Act 1996 (No.10 of 1996);
“producer” means any person, irrespective of the selling technique used, who is first to place a relevant product on the market in the State.
“Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011 – 2020 ( S.I. No 126 of 2011 and S.I. No.323 of 2020 );
“Regulations of 2021” means the European Union (Single Use Plastics) (No.2) Regulations 2021 ( S.I. No 516 of 2021 );
“relevant products” means products listed in Section III of Part E of the Annex to the Directive, including any guidelines published by the Commission in accordance with Article 12 of the Directive;
“tobacco products” means tobacco products as defined in point (4) of Article 2 of Directive 2014/40/EU;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context requires otherwise, the same meaning in these Regulations as it has in the Directive.
Scope
3. These Regulations apply to:
(1) Tobacco products with filters containing plastic, and
(2) Filters containing plastic marketed for use in combination with tobacco products,
which are relevant products for the purposes of these Regulations.
PART II
ESTABLISHMENT OF AN EXTENDED PRODUCER RESPONSIBILITY SCHEME
Establishment of an Extended Producer Responsibility Scheme
4. (1) Producers shall establish an Extended Producer Responsibility Scheme (hereafter “the scheme”) to operate in respect of relevant products set out in Regulation 3.
(2) Producers may appoint a person to apply to the Minister in accordance with these Regulations to operate the scheme referred to in paragraph (1) on their behalf.
(3) (a) The costs of operating the scheme shall be recouped from:
(i) registration fees set by an approved body,
(ii) producer fees set by an approved body on the basis of quantity, weight and material of relevant products placed on the market,
(iii) any other source created by an approved body.
(b) An approved body shall set any producer and registration fees to meet only its costs of operation and not for profit.
PART III
APPROVED BODY
Functions of an Approved Body
5. (1) An approved body shall:
(a) carry out all the functions for which they are approved effectively and in a financially sound manner,
(b) establish and maintain a register of all producers placing relevant products on the market in the State,
(c) audit the producers registered with it in accordance with these Regulations,
(d) issue a certificate of membership to all producers who fulfil their obligations under these Regulations,
(e) revoke a certificate of membership from all producers who fail to fulfil their obligations under these Regulations,
(f) provide the Minister and the Agency with information relating to producers registered with it in accordance with these Regulations,
(g) recoup from individual producers the costs referred to in Regulation 13(5) for payment to the Minister,
(h) gather relevant information from producers in connection with participation in the scheme,
(i) provide the Minister and Agency with all reasonable information they may seek in order to verify compliance with these Regulations and relevant requirements of the Directive.
Application for approval
6. (1) An application to the Minister for approval of a person to operate an Extended Producer Scheme shall be made in writing and accompanied by the following:
(a) (i) where the applicant is a body corporate
I. a copy of Articles of Association and/or Constitution of the body corporate,
II. the appropriate certificate issued by the Companies Registration Office,
III. the names and addresses in the State of the officers of the body corporate or agent applying for approval and its board of directors,
IV. the registered office and the address of the secretary, if different from the registered office,
(ii) where the applicant is not a body corporate, the names and addresses in the State of officers of the applicant.
(b) proposals relating to corporate governance of the applicant in line with any guidance from the Minister in relation to such governance,
(c) proposals for the composition of the board of the approved body,
(d) a business plan in relation to the proposed scheme,
(e) a financial plan in relation to the proposed scheme,
(f) proposals for a contingency reserve to cover all the costs, including the consequential expenses, associated with the winding up of an approved body which has its approval revoked, goes into liquidation, examination or receivership or bankruptcy, as appropriate or enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
(g) proposals for the calculation of the costs referred to in Regulation 13(5), which shall be calculated in accordance with Article 8(4) of the Directive,
(h) proposals relating to co-operation with other approved bodies,
(i) proposals for supporting the Agency in the enforcement of these Regulations,
(j) proposals in relation to Rules of Membership for members of the approved body together with details of the relevant participation fees,
(k) proposals for an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(l) proposals for reconciliation and audit of information supplied by members,
(m) proposals relating to the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to other such person as may be specified by the Minister,
(n) such other information as may be specified in writing by the Minister for the purposes of this Regulation.
Grant or refusal of approval
7. (1) Subject to paragraph (3), the Minister may, by notice in writing, grant approval to a person for the purposes of this Part, or may refuse to grant such approval.
(2) Subject to Regulations 8 and 10, an approval granted by the Minister under this Regulation shall be for a period of not more than 5 years.
(3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to:
(a) the Articles of Association and/or Constitution of the body corporate,
(b) the appropriate certificate issued by the Companies Registration Office,
(c) corporate governance,
(d) the composition of the board of directors,
(e) the business plan,
(f) the financial plan,
(g) a contingency reserve,
(h) the calculation of the costs referred to in Regulation 13(5),
(i) co-operation with other approved bodies and individual producers,
(j) co-operation with the Agency in the enforcement of these Regulations,
(o) the Rules of Membership for members of the approved body and the membership fee structure,
(p) an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(q) the registration and certification of producers,
(r) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to other such person as may be specified by the Minister,
(s) any other matters the Minister may consider appropriate.
(4) Without prejudice to paragraph (3)(g), in the event that an approved body:
(a) has its approval revoked in accordance with the provisions of Regulation 10,
(b) goes into liquidation, examination or receivership, as appropriate,
(c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
the contingency reserve provided for in Regulation 6(f), shall not be used by any person or persons, including liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer as laid down in these Regulations.
(5) The Minister may, by notice in writing, from time to time attach a new condition to or, as the case may be, vary any existing condition attached to an approval under this Regulation.
Review of approval
8. (1) Subject to paragraph (2), where it appears to the Minister that:
(a) a review of an approval granted in accordance with the provisions of Regulation 7 is required because the Minister is of the opinion that there is a risk of a failure to comply with the approval, or
(b) for some other reason it is necessary in the interests of the environmentally sound management of relevant products,
the Minister may review an approval granted in accordance with the provisions of Regulation 7 or require the approved body to make a new application in accordance with the provisions of Regulation 6 for a renewal of an approval.
(2) Where the Minister proposes to review an approval granted in accordance with Regulation 7, or require the approved body to make a new application in accordance with the provisions of Regulation 6, the Minister shall:
(a) give notice in writing to the approved body of the proposal and the reasons therefore,
(b) specify a period of not less than 3 months within which the approved body may make a submission to the Minister in relation to the review or make new proposals as the case may be, and
(c) consider any submissions, or proposals so made.
(3) Following consideration of any submissions or proposals made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.
(4) The issue of a revised approval by the Minister on the basis of new proposals made by the approved body shall oblige the approved body to implement the new proposals upon which the Minister has confirmed approval.
Expiry of approval
9. Where an approval granted in accordance with the provisions of Regulation 7 or a revised approval granted in accordance with Regulation 8 is due to expire, the approved body concerned shall:
(a) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body, or
(b) not later than 6 months before the expiry of the approval, if intending to continue to operate as an approved body, make an application to the Minister under Regulation 6.
Revocation of approval
10. (1) Subject to paragraph (2), where it appears to the Minister that an approved body is not:
(a) complying with the terms of its approval, or
(b) complying with the conditions attached to such approval,
the Minister may revoke an approval under Regulation 7 or revised approval under Regulation 8.
(2) (a) Where the Minister proposes to revoke an approval or revised approval, the Minister shall:
(i) give notice in writing to the approved body of the proposed decision and the reasons therefor,
(ii) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and
(iii) consider any submission so made.
(b) Following his or her consideration of a submission made by the approved body, the Minister may decide:
(i) to seek proposals from the approved body for the purpose of issuing a revised approval in accordance with Regulation 8, or
(ii) revoke the approval or the revised approval.
Use of logo adopted by an approved body
11. No person shall, other than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body.
Information to the Agency
12. The Minister may oblige an approved body to provide the Agency with any data necessary in relation to activities carried out by producers registered with that body, to enable the Agency to fulfil its obligations under these Regulations or the Directive.
PART IV
OBLIGATIONS OF PRODUCERS
13. (1) From the 5th January 2023, a producer shall not place a relevant product on the market in the State unless he or she is a member of an approved body.
(2) A producer who is established in another Member State or a country outside of the European Union shall appoint an authorised representative to fulfil the obligations of that producer pursuant to these Regulations.
(3) A producer established in the State and who places relevant products onto the market in any other Member State shall appoint an authorised representative in that Member State as the person responsible for fulfilling the obligation of that producer, pursuant to the Directive, in that Member State.
(4) A producer shall –
(a) register with an approved body,
(b) provide details to the approved body with whom they have registered of all relevant products they place on the market,
(c) pay any registration and producer fee as required by the approved body,
(d) furnish information in connection with their participation in the scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered.
(5) The producer fees referred to at paragraph 4(c) shall provide that the following costs shall be covered in addition to those required under Regulation 30A(4) of the Regulations of 2011:
(a) the costs of the awareness raising measures regarding relevant products referred to in Article 10 of the Directive
(b) the costs of cleaning up litter resulting from relevant products and the subsequent transport and treatment of that waste,
(c) the costs of data gathering and reporting in accordance with point (c) of Article 8a(1) of Directive 2008/98/EC.
(d) the costs of waste collection for relevant products that are discarded in public collection systems, including the infrastructure and its operation and subsequent transport and treatment of that waste.
(6) The costs of the infrastructure referred to at paragraph 5(d) may include the setting up of specific infrastructure for waste collection of relevant products including appropriate waste receptacles in common litter hotspots.
PART V
ENFORCEMENT
Function of the Agency
14. The Agency shall be responsible for the enforcement of the provisions of these Regulations within the State and shall take such steps as are necessary for this purpose.
Authorised Persons
15. An authorised person may exercise the powers conferred on such a person under section 14 of the Principal Act for the purposes of enforcing these Regulations and, accordingly, a reference in that Act includes a reference to these Regulations.
PART VI
MISCELLANEOUS
Offences
16. (1) Any person who contravenes or fails to comply with a provision or provisions of these Regulations shall be guilty of an offence.
(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Prosecutions and Penalties
17. A prosecution for an offence determined in accordance with Regulation 16 will be subject to the penalties in section 10 of the Principal Act and prosecuted in accordance with sections 11, 12 and 13 of the Principal Act.
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GIVEN under my Official Seal,
28 November, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations further transpose Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment.
The regulations provide for the introduction of an extended producer responsibility scheme for tobacco filters containing plastic and impose obligations on producers, or their nominated authorised representative, who place tobacco filter products containing plastic on the Irish market.
1 OJ No L155, 12.6.2019, p.1
S.I. No. 610/2022 –
European Union (Extended Producer Responsibility) (Wet Wipes) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, having regard to section 4 of the European Communities Act 2007 (No. 18 of 2007) and in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment1 hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation and commencement
1. (1) These Regulations may be cited as the European Union (Extended Producer Responsibility) (Wet Wipes) Regulations 2022.
Interpretation
2. (1) In these Regulations, unless the context otherwise requires:
“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No.7 of 1992);
“approved body” means any person, association or body corporate approved by the Minister in accordance with Part III of these Regulations;
“authorised person” means a person who is appointed an authorised person in accordance with section 5(1) of the Principal Act;
“authorised representative” means any natural or legal person established within the State who has been appointed by written mandate from a producer, established in another Member State to fulfil the obligations of that producer, pursuant to these Regulations in the State;
“Certificate of membership” means a certificate issued by an approved body under Regulation 5;
“Companies Acts” means the Companies Acts 2014 and every other enactment which is to be read together with that Act;
“Directive” means Directive EU 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment;
“Minister” means the Minister for the Environment, Climate and Communications;
“packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such material, container or wrapping as may be prescribed;
“placed on the market” means the first sale or supply of a relevant product for the purpose of trade or otherwise in the course of business in the State”;
“plastic” shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Principal Act” means the Waste Management Act 1996 (No.10 of 1996);
“producer” means any person, irrespective of the selling technique used, who is first to place a relevant product on the market in the State.
“Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011- 2020 ( S.I. No. 126 of 2011 and S.I. No. 323 of 2020 );
“Regulations of 2021” means the European Union (Single Use Plastics) (No.2) Regulations 2021 ( S.I. No. 516 of 2021 );
“relevant products” means products listed in point (1) of Section II of Part E of the Annex to the Directive, including any guidelines published by the Commission in accordance with Article 12 of the Directive;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context requires otherwise, the same meaning in these Regulations as it has in the Directive.
Scope
3. These Regulations apply to:
(1) wet wipes for personal care, and
(2) wet wipes for domestic use,
which are relevant products for the purposes of these Regulations.
PART II
ESTABLISHMENT OF AN EXTENDED PRODUCER RESPONSIBILITY SCHEME
Establishment of an Extended Producer Responsibility Scheme
4. (1) Producers shall establish an Extended Producer Responsibility Scheme (hereafter “the scheme”) to operate in respect of relevant products set out in Regulation 3.
(2) Producers may appoint a person to apply to the Minister in accordance with these Regulations to operate the scheme referred to in paragraph (1) on their behalf.
(3) (a) The costs of operating the scheme shall be recouped from:
(i) registration fees set by an approved body,
(ii) producer fees set by an approved body,
(iii) any other source created by an approved body.
(b) An approved body shall set any producer and registration fees to meet only its costs of operation and not for profit.
PART III
APPROVED BODY
Functions of an Approved Body
5. (1) An approved body shall:
(a) carry out all the functions for which they are approved effectively and in a financially sound manner,
(b) establish and maintain a register of all producers placing relevant products on the market in the State,
(c) audit the producers registered with it in accordance with these Regulations,
(d) issue a certificate of membership to all producers who fulfil their obligations under these Regulations,
(e) revoke a certificate of membership from all producers who fail to fulfil their obligations under these Regulations,
(f) provide the Minister and the Agency with information relating to producers registered with it in accordance with these Regulations,
(g) recoup from individual producers the costs referred to in Regulation 13(5)(a), to fund the awareness raising measures referred to in Regulation 6(1)(h),
(h) recoup from individual producers the costs referred to in Regulation 13(5)(b) and 13(5)(c), for payment to the Minister,
(i) gather relevant information from producers in connection with participation in the scheme,
(j) provide the Minister and Agency with all reasonable information they may seek in order to verify compliance with these Regulations and relevant requirements of the Directive.
Application for approval
6. (1) An application to the Minister for approval of a person to operate an Extended Producer Scheme shall be made in writing and accompanied by the following:
(a) (i) where the applicant is a body corporate
I. a copy of Articles of Association and/or Constitution of the body corporate,
II. the appropriate certificate issued by the Companies Registration Office,
III. the names and addresses in the State of the officers of the body corporate or agent applying for approval and its board of directors,
IV. the registered office and the address of the secretary, if different from the registered office,
(ii) where the applicant is not a body corporate, the names and addresses in the State of officers of the applicant.
(b) proposals relating to corporate governance of the applicant in line with any guidance from the Minister in relation to such governance,
(c) proposals for the composition of the board of the approved body,
(d) a business plan in relation to the proposed scheme,
(e) a financial plan in relation to the proposed scheme,
(f) proposals for a contingency reserve to cover all the costs, including the consequential expenses, associated with the winding up of an approved body which has its approval revoked, goes into liquidation, examination or receivership or bankruptcy, as appropriate or enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
(g) proposals for the calculation of the costs referred to in Regulation 13(5), which shall be calculated in accordance with Article 8(4) of the Directive,
(h) proposals relating to the awareness raising measures the approved body will take to inform consumers and incentivise responsible consumer behaviour as referred to in Article 10 of the Directive,
(i) proposals relating to co-operation with other approved bodies,
(j) proposals for supporting the Agency in the enforcement of these Regulations,
(k) proposals in relation to Rules of Membership for members of the approved body together with details of the relevant participation fees,
(l) proposals for an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(m) proposals for reconciliation and audit of information supplied by members,
(n) proposals relating to the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to other such person as may be specified by the Minister,
(o) such other information as may be specified in writing by the Minister for the purposes of this Regulation.
Grant or refusal of approval
7. (1) Subject to paragraph (3), the Minister may, by notice in writing, grant approval to a person for the purposes of this Part, or may refuse to grant such approval.
(2) Subject to Regulations 8 and 10, an approval granted by the Minister under this Regulation shall be for a period of not more than 5 years.
(3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to:
(a) the Articles of Association and/or Constitution of the body corporate,
(b) the appropriate certificate issued by the Companies Registration Office,
(c) corporate governance,
(d) the composition of the board of directors,
(e) the business plan,
(f) the financial plan,
(g) a contingency reserve,
(h) the calculation of the costs referred to in Regulation 13(5),
(p) awareness raising measures to inform consumers and incentivise responsible consumer behaviour as referred to in Article 10 of the Directive,
(i) co-operation with other approved bodies and individual producers,
(j) co-operation with the Agency in the enforcement of these Regulations,
(q) the Rules of Membership for members of the approved body and the membership fee structure,
(r) an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(s) the registration and certification of producers,
(t) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to other such person as may be specified by the Minister,
(u) any other matters the Minister may consider appropriate.
(4) Without prejudice to paragraph (3)(g), in the event that an approved body:
(a) has its approval revoked in accordance with the provisions of Regulation 10,
(b) goes into liquidation, examination or receivership, as appropriate,
(c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
the contingency reserve provided for in Regulation 6(f), shall not be used by any person or persons, including liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer as laid down in these Regulations.
(5) The Minister may, by notice in writing, from time to time attach a new condition to or, as the case may be, vary any existing condition attached to an approval under this Regulation.
Review of approval
8. (1) Subject to paragraph (2), where it appears to the Minister that:
(a) a review of an approval granted in accordance with the provisions of Regulation 7 is required because the Minister is of the opinion that there is a risk of a failure to comply with the approval, or
(b) for some other reason it is necessary in the interests of the environmentally sound management of relevant products,
the Minister may review an approval granted in accordance with the provisions of Regulation 7 or require the approved body to make a new application in accordance with the provisions of Regulation 6 for a renewal of an approval.
(2) Where the Minister proposes to review an approval granted in accordance with Regulation 7, or require the approved body to make a new application in accordance with the provisions of Regulation 6, the Minister shall:
(a) give notice in writing to the approved body of the proposal and the reasons therefore,
(b) specify a period of not less than 3 months within which the approved body may make a submission to the Minister in relation to the review or make new proposals as the case may be, and
(c) consider any submissions, or proposals so made.
(3) Following consideration of any submissions or proposals made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.
(4) The issue of a revised approval by the Minister on the basis of new proposals made by the approved body shall oblige the approved body to implement the new proposals upon which the Minister has confirmed approval.
Expiry of approval
9. Where an approval granted in accordance with the provisions of Regulation 7 or a revised approval granted in accordance with Regulation 8 is due to expire, the approved body concerned shall:
(a) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body, or
(b) not later than 6 months before the expiry of the approval, if intending to continue to operate as an approved body, make an application to the Minister under Regulation 6.
Revocation of approval
10. (1) Subject to paragraph (2), where it appears to the Minister that an approved body is not:
(a) complying with the terms of its approval, or
(b) complying with the conditions attached to such approval,
the Minister may revoke an approval under Regulation 7 or revised approval under Regulation 8.
(2) (a) Where the Minister proposes to revoke an approval or revised approval, the Minister shall:
(i) give notice in writing to the approved body of the proposed decision and the reasons therefor,
(ii) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and
(iii) consider any submission so made.
(b) Following his or her consideration of a submission made by the approved body, the Minister may decide:
(i) to seek proposals from the approved body for the purpose of issuing a revised approval in accordance with Regulation 8, or
(ii) revoke the approval or the revised approval.
Use of logo adopted by an approved body
11. No person shall, other than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body.
Information to the Agency
12. The Minister may oblige an approved body to provide the Agency with any data necessary in relation to activities carried out by producers registered with that body, to enable the Agency to fulfil its obligations under these Regulations or the Directive.
PART IV
OBLIGATIONS OF PRODUCERS
13. (1) From the 31st December 2024, a producer shall not place a relevant product on the market in the State unless he or she is a member of an approved body.
(2) A producer who is established in another Member State or a country outside of the European Union shall appoint an authorised representative to fulfil the obligations of that producer pursuant to these Regulations.
(3) A producer established in the State and who places relevant products onto the market in any other Member State shall appoint an authorised representative in that Member State as the person responsible for fulfilling the obligation of that producer, pursuant to the Directive, in that Member State.
(4) A producer shall –
(a) register with an approved body,
(b) provide details to the approved body with whom they have registered of all relevant products they place on the market,
(c) pay any registration and producer fee as required by the approved body,
(d) furnish information in connection with their participation in the scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered.
(5) The producer fees referred to at paragraph 4(c) shall provide that the following costs shall be covered in addition to those required under Regulation 30A(4) of the Regulations of 2011:
(a) the costs of the awareness raising measures regarding relevant products referred to in Article 10 of the Directive,
(b) the costs of cleaning up litter resulting from relevant products and the subsequent transport and treatment of that waste,
(c) the costs of data gathering and reporting in accordance with point (c) of Article 8a(1) of Directive 2008/98/EC.
PART V
ENFORCEMENT
Function of the Agency
14. The Agency shall be responsible for the enforcement of the provisions of these Regulations within the State and shall take such steps as are necessary for this purpose.
Authorised Persons
15. An authorised person may exercise the powers conferred on such a person under section 14 of the Principal Act for the purposes of enforcing these Regulations and, accordingly, a reference in that Act includes a reference to these Regulations.
PART VI
MISCELLANEOUS
Offences
16. (1) Any person who contravenes or fails to comply with a provision or provisions of these Regulations shall be guilty of an offence.
(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Prosecutions and Penalties
17. A prosecution for an offence determined in accordance with Regulation 16 will be subject to the penalties in section 10 of the Principal Act and prosecuted in accordance with sections 11, 12 and 13 of the Principal Act.
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GIVEN under my Official Seal,
28 November, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations further transpose Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment.
The regulations provide for the introduction of an extended producer responsibility scheme for wet wipes (pre-wetted personal care and domestic wipes) by 31 December 2024 and impose obligations on producers, or their nominated authorised representative, who place wet wipe products on the Irish market.
The European Commission has published guidelines on single-use plastic products to further clarify whether a product is to be considered a single-use product for the purposes of Directive (EU) 2019/904 (Commission Notice 2021/C 216/01).
1 OJ No L155, 12.6.2019, p.1
S.I. No. 611/2022 –
European Union (Extended Producer Responsibility) (Balloons) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, having regard to section 4 of the European Communities Act 2007 (No. 18 of 2007) and in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment1 hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation and commencement
1. (1) These Regulations may be cited as the European Union (Extended Producer Responsibility) (Balloons) Regulations 2022.
Interpretation
2. (1) In these Regulations, unless the context otherwise requires:
“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No.7 of 1992);
“approved body” means any person, association or body corporate approved by the Minister in accordance with Part III of these Regulations;
“authorised person” means a person who is appointed an authorised person in accordance with section 5(1) of the Principal Act;
“authorised representative” means any natural or legal person established within the State who has been appointed by written mandate from a producer, established in another Member State to fulfil the obligations of that producer, pursuant to these Regulations in the State;
“Certificate of membership” means a certificate issued by an approved body under Regulation 5;
“Companies Acts” means the Companies Acts 2014 and every other enactment which is to be read together with that Act;
“Directive” means Directive EU 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment;
“Minister” means the Minister for the Environment, Climate and Communications;
“packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such material, container or wrapping as may be prescribed;
“placed on the market” means the first sale or supply of a relevant product for the purpose of trade or otherwise in the course of business in the State”;
“plastic” shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Principal Act” means the Waste Management Act 1996 (No.10 of 1996);
“producer” means any person, irrespective of the selling technique used, who is first to place a relevant product on the market in the State.
“Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011-2020 ( S.I. No 126 of 2011 and S.I. No.323 of 2020 );
“Regulations of 2021” means the European Union (Single Use Plastics) (No.2) Regulations 2021 ( S.I. No 516 of 2021 );
“relevant products” means products listed in Section II (2) of Part E of the Annex to the Directive, including any guidelines published by the Commission in accordance with Article 12 of the Directive;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context requires otherwise, the same meaning in these Regulations as it has in the Directive.
Scope
3. (1) These Regulations apply to balloons for domestic use and application, which are relevant products for the purposes of these Regulations.
(2) These Regulations do not apply to balloons for industrial or other professional use and applications that are not distributed to consumers.
PART II
ESTABLISHMENT OF AN EXTENDED PRODUCER RESPONSIBILITY SCHEME
Establishment of an Extended Producer Responsibility Scheme
4. (1) Producers shall establish an Extended Producer Responsibility Scheme (hereafter “the scheme”) to operate in respect of relevant products set out in Regulation 3.
(2) Producers may appoint a person to apply to the Minister in accordance with these Regulations to operate the scheme referred to in paragraph (1) on their behalf.
(3) (a) The costs of operating the scheme shall be recouped from:
(i) registration fees set by an approved body,
(ii) producer fees set by an approved body,
(iii) any other source created by an approved body.
(b) An approved body shall set any producer and registration fees to meet only its costs of operation and not for profit.
PART III
APPROVED BODY
Functions of an Approved Body
5. (1) An approved body shall:
(a) carry out all the functions for which they are approved effectively and in a financially sound manner,
(b) establish and maintain a register of all producers placing relevant products on the market in the State,
(c) audit the producers registered with it in accordance with these Regulations,
(d) issue a certificate of membership to all producers who fulfil their obligations under these Regulations,
(e) revoke a certificate of membership from all producers who fail to fulfil their obligations under these Regulations,
(f) provide the Minister and the Agency with information relating to producers registered with it in accordance with these Regulations,
(g) recoup from individual producers the costs referred to in Regulation 13(5)(a), to fund the awareness raising measures referred to in Regulation 6(1)(h),
(h) recoup from individual producers the costs referred to in Regulation 13(5)(b) and 13(5)(c), for payment to the Minister,
(i) gather relevant information from producers in connection with participation in the scheme,
(j) provide the Minister and Agency with all reasonable information they may seek in order to verify compliance with these Regulations and relevant requirements of the Directive.
Application for approval
6. (1) An application to the Minister for approval of a person to operate an Extended Producer Scheme shall be made in writing and accompanied by the following:
(a) (i) where the applicant is a body corporate
I. a copy of Articles of Association and/or Constitution of the body corporate,
II. the appropriate certificate issued by the Companies Registration Office,
III. the names and addresses in the State of the officers of the body corporate or agent applying for approval and its board of directors,
IV. the registered office and the address of the secretary, if different from the registered office,
(ii) where the applicant is not a body corporate, the names and addresses in the State of officers of the applicant.
(b) proposals relating to corporate governance of the applicant in line with any guidance from the Minister in relation to such governance,
(c) proposals for the composition of the board of the approved body,
(d) a business plan in relation to the proposed scheme,
(e) a financial plan in relation to the proposed scheme,
(f) proposals for a contingency reserve to cover all the costs, including the consequential expenses, associated with the winding up of an approved body which has its approval revoked, goes into liquidation, examination or receivership or bankruptcy, as appropriate or enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
(g) proposals for the calculation of the costs referred to in Regulation 13(5), which shall be calculated in accordance with Article 8(4) of the Directive,
(h) proposals relating to the awareness raising measures the approved body will take to inform consumers and incentivise responsible consumer behaviour as referred to in Article 10 of the Directive,
(i) proposals relating to co-operation with other approved bodies,
(j) proposals for supporting the Agency in the enforcement of these Regulations,
(k) proposals in relation to Rules of Membership for members of the approved body together with details of the relevant participation fees,
(l) proposals for an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(m) proposals for reconciliation and audit of information supplied by members,
(n) proposals relating to the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to other such person as may be specified by the Minister,
(o) such other information as may be specified in writing by the Minister for the purposes of this Regulation.
Grant or refusal of approval
7. (1) Subject to paragraph (3), the Minister may, by notice in writing, grant approval to a person for the purposes of this Part, or may refuse to grant such approval.
(2) Subject to Regulations 8 and 10, an approval granted by the Minister under this Regulation shall be for a period of not more than 5 years.
(3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to:
(a) the Articles of Association and/or Constitution of the body corporate,
(b) the appropriate certificate issued by the Companies Registration Office,
(c) corporate governance,
(d) the composition of the board of directors,
(e) the business plan,
(f) the financial plan,
(g) a contingency reserve,
(h) the calculation of the costs referred to in Regulation 13(5),
(p) awareness raising measures to inform consumers and incentivise responsible consumer behaviour as referred to in Article 10 of the Directive,
(i) co-operation with other approved bodies and individual producers,
(j) co-operation with the Agency in the enforcement of these Regulations,
(q) the Rules of Membership for members of the approved body and the membership fee structure,
(r) an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(s) the registration and certification of producers,
(t) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to other such person as may be specified by the Minister,
(u) any other matters the Minister may consider appropriate.
(4) Without prejudice to paragraph (3)(g), in the event that an approved body:
(a) has its approval revoked in accordance with the provisions of Regulation 10,
(b) goes into liquidation, examination or receivership, as appropriate,
(c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
the contingency reserve provided for in Regulation 6(f), shall not be used by any person or persons, including liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer as laid down in these Regulations.
(5) The Minister may, by notice in writing, from time to time attach a new condition to or, as the case may be, vary any existing condition attached to an approval under this Regulation.
Review of approval
8. (1) Subject to paragraph (2), where it appears to the Minister that:
(a) a review of an approval granted in accordance with the provisions of Regulation 7 is required because the Minister is of the opinion that there is a risk of a failure to comply with the approval, or
(b) for some other reason it is necessary in the interests of the environmentally sound management of relevant products,
the Minister may review an approval granted in accordance with the provisions of Regulation 7 or require the approved body to make a new application in accordance with the provisions of Regulation 6 for a renewal of an approval.
(2) Where the Minister proposes to review an approval granted in accordance with Regulation 7, or require the approved body to make a new application in accordance with the provisions of Regulation 6, the Minister shall:
(a) give notice in writing to the approved body of the proposal and the reasons therefore,
(b) specify a period of not less than 3 months within which the approved body may make a submission to the Minister in relation to the review or make new proposals as the case may be, and
(c) consider any submissions, or proposals so made.
(3) Following consideration of any submissions or proposals made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.
(4) The issue of a revised approval by the Minister on the basis of new proposals made by the approved body shall oblige the approved body to implement the new proposals upon which the Minister has confirmed approval.
Expiry of approval
9. Where an approval granted in accordance with the provisions of Regulation 7 or a revised approval granted in accordance with Regulation 8 is due to expire, the approved body concerned shall:
(a) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body, or
(b) not later than 6 months before the expiry of the approval, if intending to continue to operate as an approved body, make an application to the Minister under Regulation 6.
Revocation of approval
10. (1) Subject to paragraph (2), where it appears to the Minister that an approved body is not:
(a) complying with the terms of its approval, or
(b) complying with the conditions attached to such approval,
the Minister may revoke an approval under Regulation 7 or revised approval under Regulation 8.
(2) (a) Where the Minister proposes to revoke an approval or revised approval, the Minister shall:
(i) give notice in writing to the approved body of the proposed decision and the reasons therefor,
(ii) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and
(iii) consider any submission so made.
(b) Following his or her consideration of a submission made by the approved body, the Minister may decide:
(i) to seek proposals from the approved body for the purpose of issuing a revised approval in accordance with Regulation 8, or
(ii) revoke the approval or the revised approval.
Use of logo adopted by an approved body
11. No person shall, other than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body.
Information to the Agency
12. The Minister may oblige an approved body to provide the Agency with any data necessary in relation to activities carried out by producers registered with that body, to enable the Agency to fulfil its obligations under these Regulations or the Directive.
PART IV
OBLIGATIONS OF PRODUCERS
13. (1) From the 31st December 2024, a producer shall not place a relevant product on the market in the State unless he or she is a member of an approved body.
(2) A producer who is established in another Member State or a country outside of the European Union shall appoint an authorised representative to fulfil the obligations of that producer pursuant to these Regulations.
(3) A producer established in the State and who places relevant products onto the market in any other Member State shall appoint an authorised representative in that Member State as the person responsible for fulfilling the obligation of that producer, pursuant to the Directive, in that Member State.
(4) A producer shall –
(a) register with an approved body,
(b) provide details to the approved body with whom they have registered of all relevant products they place on the market,
(c) pay any registration and producer fee as required by the approved body,
(d) furnish information in connection with their participation in the scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered.
(5) The producer fees referred to at paragraph 4(c) shall provide that the following costs shall be covered in addition to those required under Regulation 30A(4) of the Regulations of 2011:
(a) the costs of the awareness raising measures regarding relevant products referred to in Article 10 of the Directive,
(b) the costs of cleaning up litter resulting from relevant products and the subsequent transport and treatment of that waste,
(c) the costs of data gathering and reporting in accordance with point (c) of Article 8a(1) of Directive 2008/98/EC.
PART V
ENFORCEMENT
Function of the Agency
14. The Agency shall be responsible for the enforcement of the provisions of these Regulations within the State and shall take such steps as are necessary for this purpose.
Authorised Persons
15. An authorised person may exercise the powers conferred on such a person under section 14 of the Principal Act for the purposes of enforcing these Regulations and, accordingly, a reference in that Act includes a reference to these Regulations.
PART VI
MISCELLANEOUS
Offences
16. (1) Any person who contravenes or fails to comply with a provision or provisions of these Regulations shall be guilty of an offence.
(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Prosecutions and Penalties
17. A prosecution for an offence determined in accordance with Regulation 16 will be subject to the penalties in section 10 of the Principal Act and prosecuted in accordance with sections 11, 12 and 13 of the Principal Act.
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GIVEN under my Official Seal,
28 November, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations further transpose Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment.
The regulations provide for the introduction of an extended producer responsibility scheme for balloons (except balloons for industrial for industrial or other professional uses and applications that are not distributed to consumers) and impose obligations on producers, or their nominated authorised representative, who place balloons on the Irish market.
The European Commission has published guidelines on single-use plastic products to further clarify whether a product is to be considered a single-use product for the purposes of Directive (EU) 2019/904 (Commission Notice 2021/C 216/01).
1 OJ No L155, 12.6.2019, p.1
S.I. No. 612/2022 –
European Union (Extended Producer Responsibility) (Fishing Gear Containing Plastic) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, having regard to section 4 of the European Communities Act 2007 (No. 18 of 2007) and in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment1 hereby make the following regulations:
PART I
PRELIMINARY AND GENERAL
Citation and commencement
1. These Regulations may be cited as the European Union (Extended Producer Responsibility) (Fishing Gear Containing Plastic) Regulations 2022.
Interpretation
2. (1) In these Regulations, unless the context otherwise requires:
“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No.7 of 1992);
“approved body” means any person, association or body corporate approved by the Minister in accordance with Part III of these Regulations;
“authorised person” means a person who is appointed an authorised person in accordance with section 5(1) of the Principal Act;
“authorised representative” means any natural or legal person established within the State who has been appointed by written mandate from a producer, established in another Member State to fulfil the obligations of that producer, pursuant to these Regulations in the State;
“Certificate of membership” means a certificate issued by an approved body under Regulation 5;
“Companies Acts” means the Companies Acts 2014 and every other enactment which is to be read together with that Act;
“Directive” means Directive EU 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment;
“fishing gear” means any item or piece of equipment that is used in fishing or aquaculture to target, capture or rear marine biological resources or that is floating on the sea surface, and is deployed with the objective of attracting and capturing or of rearing such marine biological resources;
“local authority” has the same meaning as it has in Section 5 of the Principal Act;
“Minister” means the Minister for the Environment, Climate and Communications;
“annual collection rate of waste fishing gear containing plastic” means the minimum annual collection rate of waste fishing gear containing plastic published by the Minister;
“packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such material, container or wrapping as may be prescribed;
“placed on the market” means the first sale or supply of a relevant product for the purpose of trade or otherwise in the course of business in the State;
“plastic” shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Principal Act” means the Waste Management Act 1996 (No.10 of 1996);
“producer” means any person, irrespective of the selling technique used, who is first to place a relevant product on the market in the State other than persons carrying out fishing activities as defined in point (28) of Article 4 of Regulation (EU) No. 1380/2013 of the European Parliament and of the Council;
“Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011 – 2020 ( S.I. No. 126 of 2011 and S.I. No. 323 of 2020 );
“Regulations of 2021” means the European Union (Single Use Plastics) (No.2) Regulations 2021 ( S.I. No. 516 of 2021 );
“relevant products” means fishing gear and components of fishing gear containing plastic;
“waste fishing gear” means any fishing gear covered by the definition of waste in point 1 of Article 3 of Directive 2008/98/EC, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded, including when it was abandoned or lost;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context requires otherwise, the same meaning in these Regulations as it has in the Directive.
Scope
3. These Regulations apply to:
(1) Fishing gear containing plastic, and
(2) Components of fishing gear containing plastic,
which are relevant products for the purposes of these Regulations.
PART II
ESTABLISHMENT OF AN EXTENDED PRODUCER RESPONSIBILITY SCHEME
Establishment of an Extended Producer Responsibility Scheme
4. (1) Producers shall establish an Extended Producer Responsibility Scheme (hereafter “the scheme”) to operate in respect of relevant products set out in Regulation 3.
(2) Producers may appoint a person to apply to the Minister in accordance with these Regulations to operate the scheme referred to in paragraph (1) on their behalf.
(3) (a) The costs of operating the scheme shall be recouped from:
(i) registration fees set by an approved body,
(ii) producer fees set by an approved body on the basis of relevant products placed on the market,
(iii) any other source created by an approved body.
(b) An approved body shall set any producer and registration fees to meet only its costs of operation and not for profit.
PART III
APPROVED BODY
Functions of an Approved Body
5. (1) An approved body shall:
(a) carry out all the functions for which they are approved effectively and in a financially sound manner,
(b) establish and maintain a register of all producers placing relevant products on the market in the State,
(c) audit the producers registered with it in accordance with these Regulations,
(d) issue a certificate of membership to all producers who fulfil their obligations under these Regulations,
(e) revoke a certificate of membership from all producers who fail to fulfil their obligations under these Regulations,
(f) provide the Minister, the Agency and the relevant local authority with information relating to producers registered with it in accordance with these Regulations,
(g) recoup from individual producers the costs referred to in Regulation 13(5),
(h) gather relevant information from producers in connection with participation in the scheme,
(i) provide the Minister, the Agency and the relevant local authority with all reasonable information they may seek in order to verify compliance with these Regulations and relevant requirements of the Directive,
(j) achieve the annual collection rate of waste fishing gear containing plastic.
Application for approval
6. (1) An application to the Minister for approval of a person to operate an Extended Producer Scheme shall be made in writing and accompanied by the following:
(a) (i) where the applicant is a body corporate:
I. a copy of Articles of Association and/or Constitution of the body corporate,
II. the appropriate certificate issued by the Companies Registration Office,
III. the names and addresses in the State of the officers of the body corporate or agent applying for approval and its board of directors,
IV. the registered office and the address of the secretary, if different from the registered office,
(ii) where the applicant is not a body corporate, the names and addresses in the State of officers of the applicant,
(b) proposals relating to corporate governance of the applicant in line with any guidance from the Minister in relation to such governance,
(c) proposals for the composition of the board of the approved body,
(d) a business plan in relation to the proposed scheme,
(e) a financial plan in relation to the proposed scheme,
(f) proposals for a contingency reserve to cover all the costs, including the consequential expenses, associated with the winding up of an approved body which has its approval revoked, goes into liquidation, examination or receivership or bankruptcy, as appropriate or enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
(g) proposals for the calculation of the costs referred to in Regulation 13(5), which shall be calculated in accordance with Article 8 of the Directive,
(h) proposals relating to the awareness raising measures the approved body will take to inform consumers and incentivise responsible consumer behaviour in accordance with Article 10 of the Directive,
(i) proposals relating to co-operation with other approved bodies,
(j) proposals for supporting the Agency or relevant local authority in the enforcement of these Regulations,
(k) proposals in relation to Rules of Membership for members of the approved body together with details of the relevant participation fees,
(l) proposals for an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(m) proposals for reconciliation and audit of information supplied by members,
(n) proposals relating to the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to other such person as may be specified by the Minister,
(o) proposals for meeting the annual collection rate of waste fishing gear containing plastic,
(p) such other information as may be specified in writing by the Minister for the purposes of this Regulation.
Grant or refusal of approval
7. (1) Subject to paragraph (3), the Minister may, by notice in writing, grant approval to a person for the purposes of this Part, or may refuse to grant such approval.
(2) Subject to Regulations 8 and 10, an approval granted by the Minister under this Regulation shall be for a period of not more than 5 years.
(3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to:
(a) the Articles of Association and/or Constitution of the body corporate,
(b) the appropriate certificate issued by the Companies Registration Office,
(c) corporate governance,
(d) the composition of the board of directors,
(e) the business plan,
(f) the financial plan,
(g) a contingency reserve,
(h) the calculation of the costs referred to in Regulation 13(5),
(i) the awareness raising measures to inform consumers and incentivise responsible consumer behaviour as referred to in Article 10 of the Directive,
(j) co-operation with other approved bodies and individual producers,
(k) co-operation with the Agency in the enforcement of these Regulations,
(l) the Rules of Membership for members of the approved body and the membership fee structure,
(m) an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(n) the registration and certification of producers,
(o) the annual collection rate of waste fishing gear containing plastic,
(p) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to other such person as may be specified by the Minister,
(q) any other matters the Minister may consider appropriate.
(4) Without prejudice to paragraph (3)(g), in the event that an approved body:
(a) has its approval revoked in accordance with the provisions of Regulation 10,
(b) goes into liquidation, examination or receivership, as appropriate,
(c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
the contingency reserve provided for in Regulation 6, shall not be used by any person or persons, including liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer as laid down in these Regulations.
(5) The Minister may, by notice in writing, from time to time attach a new condition to or, as the case may be, vary any existing condition attached to an approval under this Regulation.
Review of approval
8. (1) Subject to paragraph (2), where it appears to the Minister that:
(a) a review of an approval granted in accordance with the provisions of Regulation 7 is required because the Minister is of the opinion that there is a risk of a failure to comply with the approval, or
(b) for some other reason it is necessary in the interests of the environmentally sound management of relevant products,
the Minister may review an approval granted in accordance with the provisions of Regulation 7 or require the approved body to make a new application in accordance with the provisions of Regulation 6 for a renewal of an approval.
(2) Where the Minister proposes to review an approval granted in accordance with Regulation 7, or require the approved body to make a new application in accordance with the provisions of Regulation 6, the Minister shall:
(a) give notice in writing to the approved body of the proposal and the reasons therefore,
(b) specify a period of not less than 3 months within which the approved body may make a submission to the Minister in relation to the review or make new proposals as the case may be, and
(c) consider any submissions, or proposals so made.
(3) Following consideration of any submissions or proposals made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.
(4) The issue of a revised approval by the Minister on the basis of new proposals made by the approved body shall oblige the approved body to implement the new proposals upon which the Minister has confirmed approval.
Expiry of approval
9. Where an approval granted in accordance with the provisions of Regulation 7 or a revised approval granted in accordance with Regulation 8 is due to expire, the approved body concerned shall:
(a) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body, or
(b) not later than 6 months before the expiry of the approval, if intending to continue to operate as an approved body, make an application to the Minister under Regulation 6.
Revocation of approval
10. (1) Subject to paragraph (2), where it appears to the Minister that an approved body is not:
(a) complying with the terms of its approval, or
(b) complying with the conditions attached to such approval,
the Minister may revoke an approval under Regulation 7 or revised approval under Regulation 8.
(2) (a) Where the Minister proposes to revoke an approval or revised approval, the Minister shall:
(i) give notice in writing to the approved body of the proposed decision and the reasons therefor,
(ii) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and
(iii) consider any submission so made.
(b) Following his or her consideration of a submission made by the approved body, the Minister may decide:
(i) to seek proposals from the approved body for the purpose of issuing a revised approval in accordance with Regulation 8, or
(ii) revoke the approval or the revised approval.
Use of logo adopted by an approved body
11. No person shall, other than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body.
Information to the Agency
12. The Minister may oblige an approved body to provide the Agency or a relevant local authority with any data necessary in relation to activities carried out by producers registered with that body, to enable the Agency or local authority to fulfil its obligations under these Regulations or the Directive.
PART IV
OBLIGATIONS OF PRODUCERS
13. (1) From the 31st December 2024, a producer shall not place a relevant product on the market in the State unless he or she is a member of an approved body.
(2) A producer who is established in another Member State or a country outside of the European Union shall appoint an authorised representative to fulfil the obligations of that producer pursuant to these Regulations.
(3) A producer established in the State and who places relevant products onto the market in any other Member State shall appoint an authorised representative in that Member State as the person responsible for fulfilling the obligation of that producer, pursuant to the Directive, in that Member State.
(4) A producer shall –
(a) register with an approved body,
(b) provide details to the approved body with whom they have registered of all relevant products they place on the market,
(c) pay any registration and producer fee as required by the approved body,
(d) furnish information in connection with their participation in the scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered.
(5) The producer fees referred to at paragraph 4(c) shall provide that the following costs shall be covered in addition to those required under Regulation 30A(4) of the Regulations of 2011:
(a) the costs of the awareness raising measures regarding relevant products referred to in Article 8 and Article 10 of the Directive,
(b) (i) the costs of the separate collection of waste fishing gear containing plastic that has been delivered to adequate port facilities in accordance with Directive (EU) 2019/9883 or to equivalent collection systems;
(ii) the costs of its subsequent transport and treatment; and
(iii) the cost of meeting the annual collection rate set by the Minister.
PART V
ENFORCEMENT
14. The Agency and the relevant local authority, as appropriate, shall be responsible for the enforcement of these Regulations.
15. An authorised person (within the meaning of the Principal Act) may exercise the powers conferred on such a person under section 14 of the Principal Act for the purposes of enforcing these Regulations and, accordingly, a reference in that Act includes a reference to these Regulations.
PART VI
MISCELLANEOUS
Offences
16. (1) Any person who contravenes or fails to comply with a provision or provisions of these Regulations shall be guilty of an offence.
(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Prosecutions and Penalties
17. A prosecution for an offence determined in accordance with Regulation 16 will be subject to the penalties in section 10 of the Principal Act and prosecuted in accordance with sections 11, 12 and 13 of the Principal Act.
PART VII
ANNUAL COLLECTION RATE
18. Before 31st December each year, the Minister shall publish an annual collection rate for waste fishing gear containing plastic in respect of the following year.
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GIVEN under my Official Seal,
28 November, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations further transpose Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment.
The regulations provide for the introduction of an extended producer responsibility scheme for fishing gear containing plastic and impose obligations on producers, or their nominated authorised representative, who place these products on the market.
1 OJ No L155, 12.6.2019, p.1
S.I. No. 341/2001 –
Waste Management (Farm Plastics) Regulations, 2001
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 7 , 19 , 27 , 28 and 29 of the Waste Management Act, 1996 (No. 10 of 1996), hereby makes the following Regulations:-
PART I
PRELIMINARY AND GENERAL
Citation and commencement.
1. (1) These Regulations may be cited as the Waste Management (Farm Plastics) Regulations, 2001.
(2) These Regulations shall come into operation on 23rd July 2001
Interpretation.
2. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
(3) In these Regulations, save where the context otherwise requires
“the Act” means the Waste Management Act, 1996 (No. 10 of 1996),
“approved body” means a body corporate or association approved by the Minister in accordance with article 20.
“the Companies Acts” means the Companies Acts, 1963 to 2001
“farm plastics” means sheeting, bale wrap or bale bags composed mainly of polyolefins, including polyethylene, polypropylene or polyvinyl chloride, which is or are suitable for use for the conservation of fodder.
“offer and make available for recovery” in relation to farm plastics waste means –
(a) segregate such farm plastics waste into the specified categories for the purpose of facilitating the recovery of said waste, and
(b) take reasonable steps to notify persons engaged in waste recovery (in these Regulations referred to as “recovery operators”) of the availability, nature, amount and location of such farm plastics waste, and
(c) offer to provide such farm plastics waste to a recovery operator free of charge, and
(d) store such waste for a period of not less than four weeks after notification under paragraph (b), or until it is collected by a recovery operator, whichever is the earlier;
“purchaser” means a person within the State to whom farm plastics are supplied;
“recovery operator” means a person referred to in the definition of “offer and make available for recovery”;
“the Regulations of 1997” mean the Waste Management (Farm Plastics) Regulations, 1997 ( S.I. No. 315 of 1997 );
“relevant period” means the preceding calendar year or, in the case of a first application for renewal of registration under articles 9 and 16, or a first report under article 11(2), the period since the initial application for registration was made by the producer or supplier as appropriate;
“specified categories” in relation to farm plastics waste means sheeting bale wrap and bags;
“supplier” means a person who, for the purpose of trade or otherwise in the course of business as a wholesaler, retailer, trader or contractor sells or otherwise supplies to other persons farm plastics or goods wrapped in farm plastics.
“supply” includes the supply of farm plastics in association with the cutting of grass the conservation of fodder or the provision of any similar or related service and includes, for the purpose of trade or otherwise in the course of business, providing in exchange for any consideration other than money or giving as a prize or otherwise making a gift.
(4) For the purposes of these Regulations, “producer” is hereby specified, under and in accordance with section 27 of the Act, to mean a person who, for the purpose of trade or otherwise in the course of business, imports or manufactures farm plastics for supply to suppliers or other persons.
PART II
PRODUCER RESPONSIBILITY OBLIGATIONS
Deposit and refund scheme.
3. Subject to article 18, a producer of farm plastics shall operate a deposit and refund scheme in relation to farm plastics which are imported or manufactured by the producer and supplied by the producer to persons within the State and for this purpose –
(a) a producer shall require each purchaser of such farm plastics to pay to the producer a refundable deposit of money in relation to such farm plastics supplied by the producer to the purchaser,
(b) the amount of a refundable deposit shall be calculated at a rate equivalent to £200 prior to 1st January 2002 and €254 thereafter per tonne of such farm plastics so supplied,
(c) a producer shall, upon the return by any person of such farm plastics to the producer, repay to that person an amount which is equal to the deposit, or proportion of the deposit, paid to the producer in respect of the farm plastics so returned,
(d) a producer shall obtain a written statement from each person who returns such farm plastics of the amount by weight of farm plastic so returned by the person and shall retain such statements for a period of not less than two years,
(e) a producer shall not repay in whole or in part a deposit of money paid to the producer in accordance with this article in respect of farm plastics unless the farm plastics have been returned to the producer, and
(f) farm plastics will be regarded as being returned to a producer on the transfer of the farm plastics to the producer or to any person collecting such farm plastics on behalf of the producer.
(g) a producer shall submit to each local authority in whose functional area he has supplied farm plastics for sale, not later than 30th June in each calendar year, a certificate from an independent auditor, being a person empowered to audit accounts in accordance with the Companies Acts, in relation to the operation of a deposit and refund scheme by that producer in respect of the preceding financial year,
(h) a producer shall maintain a separate account in a financial institution registered with the Central Bank of Ireland or with the Registrar of Friendly Societies, in respect of the operation of a deposit and refund scheme by that producer.
Waste collection obligations.
4. (1) Subject to article 18, a producer shall, in accordance with this article and without imposing any charge for so doing, collect or arrange for the collection of farm plastics which were imported or manufactured by the producer and supplied to persons within the State.
(2) The requirement on a producer under sub-article (1) to collect or arrange for the collection of farm plastics which were imported or manufactured by the producer and supplied to persons within the State shall apply in relation to such farm plastics which are held within the State by any person who makes a request to the producer to collect such farm plastics.
(3) A producer shall, within six weeks of receipt of a request from a person in accordance with sub-article (1), collect or arrange for the collection of the farm plastics to which the request relates from the place at which such farm plastics are held by that person, save as may be otherwise agreed between the producer and that person.
(4) The obligation under sub-article (1) to collect or arrange for the collection of farm plastics includes the obligation to transport or arrange for the transportation of, and to accept control of, such farm plastics
Provision of information to purchasers.
5. Subject to article 18, a producer shall, in relation to farm plastics imported or manufactured by the producer and supplied by the producer to persons within the State provide a statement in writing to each such person indicating –
(a) the arrangements operated by the producer for the collection after use of farm plastic supplied by that producer, and
(b) that the producer is obliged-
(i) to repay to any person who returns such farm plastics to the producer, the amount of the deposit paid in respect of the farm plastics so returned, and
(ii) to collect or arrange for the collection of such farm plastics from the place at which they are held, within six weeks of receipt of a request by any person who holds such farm plastics within the State, save as may be otherwise agreed between the producer and that person.
Waste recovery obligations.
6. A producer shall take such steps as are necessary to ensure that farm plastics waste collected in accordance with this Part is
(a) recovered by or on behalf of that producer or by a recovery operator, or
(b) offered and made available for recovery.
Prevention of environmental pollution.
7. A producer shall use such containers and other equipment, and provide or otherwise obtain the use of such premises, as may be necessary to ensure that farm plastics waste which has been collected in accordance with this Part is handled and stored in a manner which does not cause, and is not likely to cause, environmental pollution.
Registration and certification of producers.
8. (1) Subject to article 18, a producer shall –
(a) apply for registration to each local authority in whose functional area the producer supplies or intends to supply farm plastics for sale, not later than 20th August 2001 or the date of commencement of business, whichever is the later, and
(b) apply for renewal of registration to each such local authority, not later than 31st January in each year following initial registration, save only that a producer shall not be required to make such application within six months of initial registration
(2) A producer who makes an application under sub-article (1) of this Article to a local authority shall be registered by that authority provided that the requirements of article 9 are complied with
(3) A producer shall not be deemed to be registered until a Certificate of Registration has issued by the local authority to which an application for registration was submitted.
Application for registration or renewal of registration.
9. (1) An application for registration under article 8 shall be made in writing in such form as may be specified by the relevant local authority, shall contain at least the information set out in Part I of the Schedule and shall be accompanied by a copy of the plan required to be prepared under article 11(1).
(2) An application for renewal of registration under article 8 shall be made in writing, in such form as may be specified by the relevant local authority, shall contain at least the information set out in Part 2 of the Schedule in respect of the relevant period and shall be accompanied by a copy of the report required to be prepared under article 11(2).
(3) An application for registration under sub-article (1), or for renewal of registration under sub-article (2) shall be accompanied by a fee of £100 prior to 1st January 2002 and €127 thereafter.
(4) A producer shall notify the relevant local authority of any changes to the information provided in, as the case may be, an application for registration or the last preceding application for renewal of registration.
(5) A producer shall not be deemed to have renewed his registration in respect of a specified period until a Certificate of Renewal of Registration has issued by the local authority to which an application for renewal of registration was submitted.
Records and Information.
10. (1) With effect from the date of commencement of these Regulations, or the date of commencement of business, whichever is the later, a producer shall within ten days of the end of each month, subject to Article 18, compile and submit to each local authority in whose functional area farm plastics are supplied to suppliers the information set out in Part 3 of the Schedule.
(2) It shall be the responsibility of the relevant producer to retain, for a period of three years after the end of the period in question, such records as are necessary to verify the accuracy of information compiled and submitted in accordance with sub-article (1).
Plans and reports.
11. (1) Subject to article 18, a producer shall, not later than the date on which application for registration or renewal of registration is made under article 8 prepare a plan in accordance with Part 4 of the Schedule, specifying the steps to be undertaken by the said producer in order to comply with the requirements of these Regulations
(2) Subject to article 18, a producer shall, not later than the date on which an application for renewal of registration is made under article 8, prepare a report specifying the steps taken by the said producer in order to comply with the requirements of these Regulations in the relevant period, and the results of those steps
(3) A report under sub-article (2) shall contain at least the information set out in Part 5 of the Schedule
(4) A copy of a plan or report prepared for the purpose of this article shall –
(a) not later than the relevant date, be sent to the persons specified in Part 6 of the Schedule, and
(b) be made available, free of charge, by the producer concerned to any person who so requests.
(5) For the purpose of this article, “made available” includes sending the plan or report, as the case may be, by post, fax or electronic mail to a person who so requests
General duty regarding transfer of waste.
12. (1) For the purposes of Article 6, a producer shall not transfer control of waste to any person other than a waste recovery operator who holds a current licence or permit issued under the Act
(2) In a prosecution for a contravention of sub-article (1), it shall be a good defence to prove that the accused took all reasonable steps, including the making of reasonable enquiries, to establish that a person concerned was a licensed or permitted waste recovery operator
PART III
SUPPLIER RESPONSIBILITY OBLIGATIONS
Deposit and refund scheme
13. Subject to article 18 a supplier engaged in the sale of farm plastics which have been supplied by a producer, other than a producer in possession of a certificate granted by an approved body, shall apply a charge in accordance with the provisions of a deposit and refund scheme operated by such producer, and for this purpose, a supplier shall require each purchaser of such farm plastics to pay to the supplier such deposit as is appropriate proportionate to the quantity of farm plastics purchased in accordance with the rates per tonne provided for in article 3(b)
Provision of information to purchasers
14. Subject to article 18, a supplier shall, in relation to farm plastics supplied to persons within the State, provide a statement in writing to each such person indicating the matters set out in paragraphs (a) and (b) in article 5.
Registration and certification of suppliers
15. (1) Subject to article 18, a supplier shall –
(a) apply for registration to each local authority in whose functional area the supplier supplies or intends to supply farm plastics for sale, not later than 20th August 2001 or the date of commencement of business, whichever is the later, and
(b) apply for renewal of registration to each such local authority, not later than 31st January in each year following initial registration, save only that a supplier shall not be required to make such application within six months of initial registration.
(2) A supplier who makes an application under sub-article (1) of this article to a local authority shall be registered by that authority provided that the requirements of article 16 are complied with.
(3) A supplier shall not be deemed to be registered until a Certificate of Registration has issued from the local authority to which an application for registration was submitted
Application for registration or renewal of registration
16. (1) An application for registration under article 15 shall be made in writing, in such form as may be specified by the relevant local authority, and shall contain at least the information set out in Part 1 of the Schedule.
(2) An application for renewal of registration under article 15 shall be made in writing in such form as may be specified by the relevant local authority and shall contain at least the information set out in Part 2 of the Schedule, in respect of the relevant period
(3) An application for registration under sub-article (1) or for renewal of registration under sub-article (2) of this article shall be accompanied by a fee of £100 prior to 1st January 2002 and €127 thereafter
(4) A supplier shall notify the relevant local authority of any changes to the information provided in, as the case may be, an application for registration or the last preceding application for renewal of registration.
(5) A supplier shall not be deemed to have renewed his registration in respect of a specified period until a Certificate of Renewal of Registration has issued by the local authority to which an application for renewal of registration was submitted
Records and information
17. (1) With effect from the date of commencement of these Regulations, or the date of commencement of business, whichever is the later, a supplier shall, within ten days of the end of each month, subject to article 18, compile and submit the information set out in Part 3 of the Schedule to the local authority in whose functional area he or she carries on business, in such form as may be specified by that authority.
(2) It shall be the responsibility of the relevant supplier to retain, for a period of three years after the end of the period in question, such records as are necessary to verify the accuracy of information complied and submitted in accordance with sub-article (1)
PART IV
APPROVED BODIES
Exemption from regulatory requirements.
18. (1) A producer to whom is granted a certificate by an approved body stating that such producer is participating, in a satisfactory manner, in a scheme for the recovery of farm plastics waste, shall be exempt from the requirements of Part II and articles 25 and 26 unless and until –
(a) such certification is revoked by the approved body concerned or otherwise ceases to have effect/be in force; or
(b) approval granted by the Minister to the body concerned is revoked in accordance with article 21
(2) A supplier shall be exempted from the requirements of Part III in respect of any farm plastics supplied by a producer who holds a certificate issued in accordance with sub-article (1)
Application for approval by the Minister.
19. (1) A body corporate or association may apply to the Minister for approval for the purposes of this Part.
(2) An application for approval under sub-article (1) shall be made in writing and shall be accompanied by the following –
(i) a copy of the articles of association of the body corporate or association,
(ii) proposals for a scheme to be undertaken by the body corporate or association for the purposes of recovery of farm plastic waste,
(iii) a financial plan in relation to the proposed scheme,
(iv) annual farm plastics waste recovery targets to be achieved under the proposed scheme,
(v) proposals for the certification of producers for the purpose of article 18,
(vi) proposed measures for determining and verifying the level of recovery of farm plastics waste under the proposed scheme, and
(vii) such other information as may be specified by the Minister for the purpose of this article.
Grant of approval by the Minister.
20. (1) Subject to sub-article (2), the Minister may, by notice in writing, grant approval to a body corporate or association for the purposes of this Part, or may refuse to grant such approval.
(2) An approval under sub-article (1) may be subject to such conditions as the Minister may specify, including conditions relating to –
(a) measures to be undertaken by the approved body or by producers certified by that body, with regard to the recovery of farm plastics waste.
(b) targets to be achieved by the approved body with regard to the recovery of farm plastics waste.
(c) determination and verification of the effects of measures undertaken with regard to the recovery of farm plastics waste and
(d) the nature and frequency of information (including financial accounts) to be submitted by the approved body to the Minister or to such other person as may be specified by the Minister.
(3) The Minister may, by notice in writing, from time to time vary any condition attached to an approval under sub-article (1).
Revocation of approval by the Minister.
21. (1) Subject to sub-article (2), where it appears to the Minister that an approved body is not in compliance with conditions attached to such approval, or that relevant farm plastics waste recovery targets have not been or are not being met, the Minister may revoke an approval granted under article 20.
(2) Before making a decision to revoke an approval under sub-article (1), the Minister shall –
(a) give notice in writing to the approved body of the proposed decision and the reasons therefor, and
(b) specify a period of not less than one month within which the approved body may make a submission to the Minister in relation to the proposed decision.
(3) The Minister shall consider any submission made by the approved body within the period specified and, if he or she decides to revoke an approval granted under article 20, shall forthwith give notice in writing to the body or association concerned of the decision and the reasons therefor
Prohibition on use of logo.
22. No person shall, otherwise than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body for use by producers certified by that approved body for the purposes of article 18
Notifications to local authorities.
23. An approved body shall not later than the 7th day of each month, notify each local authority of any producer in respect of which a certificate for the purposes of article 18 has been granted or revoked within the preceding calendar month
PART V
PROVISIONS RELATING TO ENFORCEMENT
Enforcement
24. Each local authority shall be responsible for the enforcement of these Regulations within its functional area and shall take such steps as are necessary for this purpose.
Provision of information to local authority.
25. (1) Subject to article 18, a local authority may, by the service of a notice in writing on a producer, supplier or holder of farm plastics, require that producer, supplier or holder as the case may be, to maintain such records as are specified in Part 3 of the Schedule and to furnish in writing to the local authority, within such period (being not less than 7 days after the date of service of the notice) and, if appropriate, thereafter at such frequency, as may be specified in the notice, such particulars as to –
(a) in the case of producers,
(i) the operation of a deposit and refund scheme in accordance with Part II in relation to farm plastics supplied by that producer; and/or
(ii) the quantities and/or weight of farm plastics held and/or supplied, or
(b) in the case of suppliers and holders, the source, quantities and/or weight of farm plastics held and/or supplied, as appropriate.
(2) A person on whom a notice under this article has been served shall, within the period specified on the notice, comply with the terms thereof
Provision of evidence to local authority.
26. (1) Subject to article 18, a local authority may by notice in writing require a person to furnish, within such a period (being not less than 7 days after the date of service of the notice) as may be specified in the notice.
(a) such evidence as it may reasonably require to verify any particulars or information submitted by that person to the local authority under these regulations, and
(b) in the case of a producer, copies of a statement obtained under and in accordance with article 3 in respect of such period as may be specified
(2) A notice for the purpose of sub-article (1)(a) may specify the nature of the evidence to be furnished, or the manner in which any matter is to be set out or addressed in such evidence, and may require that such evidence be verified by a person approved for that purpose by the relevant local authority.
(3) A person on whom a notice under this article has been served shall, within the period specified in the notice, comply with the terms thereof
Register.
27. (1) It is hereby prescribed that the register maintained by a local authority under section 19 of the Act shall contain entries specifying the following matters –
(a) the name and address of a producer and supplier registered by a local authority under articles 8 and 15, and the date of such registration and of any renewal of such registration,
(b) the receipt of information by a local authority in accordance with articles 10 and 17,
(c) the giving of a notice under article 25 and 26.
(2) Information received by a local authority in accordance with articles 9, 10, 11 and 25 shall be made available at the principal office of the local authority concerned for inspection by any person during office hours
PART VI
MISCELLANEOUS
Onus of proof on a supplier.
28. In a prosecution for a contravention of these Regulations (being a contravention consisting of a failure to comply with a requirement specified in Part II or Part III), a producer or supplier shall be deemed to be in contravention of specified requirements in Parts II or III as appropriate, unless the said producer or supplier satisfies the Court that the contrary is the case
Provision of information to suppliers.
29. A producer or supplier who supplies farm plastics to any supplier shall comply with any request from the latter supplier for information on the weight of farm plastics concerned so as to enable the latter supplier to comply with any obligations arising under the Regulations.
Collection of waste.
30. Notwithstanding any contractual arrangement to the contrary effect –
(a) a local authority shall not be obliged to collect or arrange for the collection of farm plastics waste from a producer where the authority considers that the said producer is not in compliance with the requirements of these Regulations,
(b) a commercial waste collector shall not accept from a producer farm plastics waste for disposal without first receiving a written declaration, signed by the person in charge of the premises from which the waste is to be collected, stating that, in relation to the waste which will be presented by the producer for collection at that premises, the waste will not be so presented unless the producer has complied with Part II insofar as it requires such waste to be offered and made available for recovery.
Revocation
31. The Regulations of 1997 are hereby revoked.
Transitional
32. (1) A producer who has already registered with a local authority in the year 2001 in accordance with article 8 of the Regulations of 1997 shall be deemed to have registered for the year 2001.
(2) A body corporate or association which was granted approved body status by the Minister under article 15 of the Regulations of 1997 shall remain an approved body for the purposes of these Regulations, with the same conditions attaching as to the original approval, unless otherwise amended or revoked.
SCHEDULE
PART 1
Information to be provided for the purpose of registration [Articles 9 and 16]
1. Name(s), address, electronic mail address, telephone and fax number of the registered office or if not a company, the principal place of business, of the producer
2. Name and address(es) of owner(s)
3. Location of premises at or from which farm plastics are or will be supplied by the producer
4. Where appropriate, the estimated weight of farm plastics supplied in the twelve month period prior to the date of application, in each of the specified categories.
PART 2
Information to be provided for the purpose of renewal
of registration
[Articles 9 and 16]
1. Name(s), address, electronic mail address, telephone and fax number of the registered office or, if not a company, the principal place of business, of the producer or supplier as appropriate.
2. Name(s) address, electronic mail address, telephone and fax number of the collection agents used by the producer to collect farm plastics waste.
3. The quantities of farm plastics waste collected by each collection agent in the functional area of the local authority to which an application for renewal is being submitted.
4. The weight of farm plastics supplied in each of the specified categories.
5. The weight of farm plastics waste collected in each of the specified categories.
6. Recovery operators notified of the availability of farm plastics waste for the purposes of article 6
7. The weight of farm plastics waste
(a) recovered by or on behalf of the producer, and
(b) accepted by recovery operators,
in each of the specified categories.
8. The weight of farm plastics waste disposed of or consigned for disposal by the producer in each of the specified categories and the nature of the disposal operations involved
Points 1 and 4 shall apply to both producers and suppliers; points 2, 3 and 5-8 shall apply to producers only.
PART 3
Information to be complied and submitted by registered producers and suppliers.
[Articles 10 and 17]
1. The weight of farm plastics supplied in each of the specified categories in the preceding calendar month.
2. Name and address of persons to whom farm plastics were supplied in the preceding calendar month, and the amount(s) and weight supplied to each such person.
3. Name and address of persons from whom farm plastics waste was collected, and the weight collected from each such person, in each of the specified categories, in the preceding calendar month.
4. The weight of farm plastics waste
(a) recovered by or on behalf of the producer, and/or
(b) accepted by each recovery operator,
in each of the specified categories in the preceding calendar month.
5. The weight of farm plastics waste disposed of or consigned for disposal by the producer in each of the specified categories, and the nature of the disposal operations involved, in the preceding calendar month.
Points 3 – 5 shall apply to producers only.
PART 4
Information to be provided in a plan for
Local Authorities
[Article 11]
1. Name(s), address, electronic mail address, telephone and fax number of the registered office or, if not a company, the principal place of business of the producer.
2. In relation to the deposit and refund scheme, the following information shall be provided
– details on how the £200 prior to 1st January 2002, €254 thereafter, per tonne refundable deposit will be operated, and
– a copy of the statement in writing proposed to be provided in accordance with article 5
3. Details of the measures taken to prevent environmental pollution during the handling and storage of farm plastics waste.
PART 5
Information to be provided in a report for public information
[Article 11]
1. Name(s), address, electronic mail address, telephone and fax number of the registered office or, if not company, the principal place of business, of the producer
2. Location of premises at or from which farm plastics are supplied by the producer.
3. The weight of farm plastics supplied in the relevant period in each of the specified categories
4. The weight of farm plastics waste collected in the relevant period, in each of the specified categories
5. Recovery operators notified of the availability of farm plastics waste during the relevant period, for the purposes of article 6, and the means used to effect such notification
6. The weight of farm plastics waste
(a) recovered by or on behalf of the producer, and
(b) accepted by recovery operators,
in the relevant period, in each of the specified categories
7. The weight of farm plastics waste disposed of or consigned for disposal by the producer in each of the specified categories during the relevant period, and the nature of the disposal operations involved
PART 6
Persons to whom a report shall be sent
[Article 11]
The Minister
The Environmental Protection Agency
The Irish Farmers Association
The Irish Creamery Milk Suppliers Association
/images/seal.jpg
Given under the Official Seal of the Minister for the Environment and Local Government this 18th day of July, 2001
NOEL DEMPSEY
Minister for the Environment and Local Government
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations revise and replace the Regulations of 1997 and are designed to assist the improved recovery of waste farm plastics. The Regulations impose obligations on producers and suppliers of certain farm plastics for this purpose including obligations, as appropriate, to operate a deposit and refund scheme, to collect waste farm plastics, to takes steps for the recovery of such waste, to register with and provide information to local authorities and to provide information to purchaser. An exemption from these obligations is available to persons who participate in a waste recovery scheme operated by an approved body.
The 1997 Regulations were notified to the European Commission in draft form in accordance with EU Council Directive 83/189/EEC.
S.I. No. 605/2001 –
Waste Management (Environmental Levy) (Plastic Bag) Regulations, 2001
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 7 and 29 of the Waste Management Act, 1996 (No. 10 of 1996) and section 72 of that Act, as inserted by section 9 of the Waste Management (Amendment) Act, 2001 (No. 36 of 2001), and with the consent of the Government, hereby makes the following Regulations:-
Citation.
1. These Regulations may be cited as the Waste Management (Environmental Levy) (Plastic Bag) Regulations, 2001.
Interpretation.
2. (1) In these Regulations—
“the Act” means the Waste Management Act, 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act, 2001 (No. 36 of 2001);
“accounting period” means the period commencing on the 4th day of March, 2002 and ending on the last day of June, 2002 and thereafter each period of three months beginning on the first day of July, October, January or April,
“accountable person” means a person within the meaning of section 72(4) of the Act;
“Appeal Commissioners” has the meaning assigned to it by section 850 of the Taxes Consolidation Act, 1997 (No. 39 of 1997).
(2) In these Regulations –
(a) a reference to an article is to an article of these Regulations, unless it appears that reference to some other provision is intended;
(b) a reference to a sub-article is to the sub-article of the provision in which the reference occurs, unless it appears that reference to some other provision is intended.
(3) Subject to sub-article (1), a word or expression that is used in these Regulations and is also used in any provision of the Act has, except where the context otherwise requires, the same meaning in these Regulations as it has in that provision.
Imposition of levy, person liable, rate of levy and exceptions.
3. (1) On and from the 4th day of March 2002 there shall be charged, levied and paid a levy (which shall be known as an ‘environmental levy’ and is in these Regulations referred to as ‘the levy’) in respect of the supply to customers, at the point of sale to them of goods or products to be placed in the bags, or otherwise of plastic bags in or at any shop, supermarket, service station or other sales outlet.
(2) An accountable person shall be accountable for and liable to pay the levy.
Levy amount.
4. The amount of the levy shall be 15 cent for each plastic bag.
Excepted bags
5. The following classes of plastic bags are excepted from the definition of a plastic bag –
(a) plastic bags solely used to contain-
(i) fresh fish and fresh fish products,
(ii) fresh meat and fresh meat products, or
(iii) fresh poultry and fresh poultry products
provided that such bags are not greater in dimension than 225mm in width (exclusive of any gussets), by 345mm in depth (inclusive of any gussets), by 450mm in length, (inclusive of any handles);
(b) plastic bags solely used to contain the products referred to in paragraph (a) where such products are contained in packaging, (including a bag), provided that such plastic bags are not greater in dimension than the dimensions referred to in paragraph (a);
(c) plastic bags solely used to contain-
(i) fruit, nuts or vegetables,
(ii) confectionery,
(iii) dairy products,
(iv) cooked food, whether cold or hot, or
(v) ice
provided that such products are not otherwise contained in packaging and where such bags are not greater in dimension than the dimensions referred to in paragraph (a);
(d) plastic bags used to contain goods or products sold:
(i) on board a ship or aircraft used for carrying passengers for reward, or
(ii) in an area of a port or airport to which intending passengers are denied access unless in possession of a valid ticket or boarding card, for the purposes of carrying the goods on board the ship or aircraft referred to in subparagraph (i);
(e) plastic bags designed for re-use, which are used to contain goods or products and which are sold to customers for a sum of not less than 70 cent each.
Charging the levy and evidence of charging.
6. An accountable person shall impose a charge equivalent to the amount of the levy on a customer in respect of the provision by him or her to the customer of a plastic bag, other than a plastic bag excepted under article 5.
Itemisation of levy.
7. Where a charge under article 6 is imposed the charge shall be itemised on any invoice, receipt or docket issued to the customer.
Exclusion of employees.
8. References in these Regulations to a person who supplies plastic bags do not include references to a person who supplies plastic bags in his or her capacity as an employee of another person but include references to a person whose employee supplies plastic bags in his or her capacity as such employee.
Collection authority.
9. (1) The Minister hereby specifies that the Revenue Commissioners shall be the collection authority to whom the levy shall be payable.
(2) An accountable person shall pay the levy to the Revenue Commissioners in accordance with article 10.
(3) The Minister hereby confers powers on the Revenue Commissioners to authorise officers of the Revenue Commissioners for the purposes of article 17.
Returns and payment.
10. (1) An accountable person or any person who has been required to do so by notice in writing from the Revenue Commissioners, shall, not later than the 19th day of the month following the end of an accounting period furnish to the Revenue Commissioners a full and true return in such form as may be specified by the Revenue Commissioners of the amount of the levy which became payable by him or her during the accounting period and he or she shall authorise the Revenue Commissioners to debit the amount payable, if any, from the account of that person in a financial institution indicated by that person on the return form.
(2) Notwithstanding the provisions of sub-article (1), the Revenue Commissioners may, from time to time, by notice in writing, authorise an accountable person to furnish to them within 19 days of the end of a period longer than an accounting period but not exceeding a year (hereinafter referred to as the specified period), a full and true return in such form as may be specified by the Revenue Commissioners of the amount of the levy which became payable by him or her during the specified period and he or she shall authorise the Revenue Commissioners to debit the amount payable, if any, from the account of that person in a financial institution indicated by that person on the return form.
(3) The Revenue Commissioners may, by notice in writing, authorise two or more accountable persons who are closely bound by financial, economic or organisational links to submit one return in respect of the levy due by all such persons.
(4) An authorisation under sub-article (2) or (3) may be issued by the Revenue Commissioners subject to such conditions as they consider proper to ensure that there is no loss of levy and that the accountable persons will meet their obligations under the Regulations and such authorisations shall, in each case, take effect on the date specified in the notice of authorisation.
(5) The Revenue Commissioners may, by notice in writing to the accountable person or persons concerned, terminate an authorisation issued in accordance with sub-article (2) or (3) and the said termination shall take effect from the date specified in the notice of termination.
Records
11. (1) An accountable person shall keep in a permanent from a full and true record of—
(a) the number of plastic bags, other than those excepted from the definition of plastic bag by reason of article 5, in stock before the commencement of business on the 4th day of March, 2002,
(b) the number of plastic bags excepted from the definition of plastic bag by reason of paragraphs (a), (b), (c) and (d) of article 5, in stock before the commencement of business on the 4th day of March, 2002,
(c) the number of plastic bags, other than those excepted from the definition of plastic bag by reason of article 5, purchased or acquired by him or her in each accounting period,
(d) the number of plastic bags excepted from the definition of plastic bag by reason of paragraphs (a), (b), (c) and (d) of article 5, purchased or acquired by him or her in each accounting period,
(e) the number of plastic bags, other than those excepted from the definition of plastic bag by reason of article 5, supplied by him or her to customers in each accounting period.
(2). An accountable person shall retain the records referred to in sub-article (1), together with all other books and documents containing particulars on which the records are based, for a period of not less than six years.
Estimation in the case of non-payment.
12. (1) If within the time specified in article 10 a person, being an accountable person or a person who has been required to do so in writing by the Revenue Commissioners, fails to furnish a return in respect of any period, then without prejudice to any other action that may be taken, the Revenue Commissioners may estimate the amount of levy payable by that person in respect of that period and serve notice on that person of the amount estimated:
Provided that where the Revenue Commissioners are satisfied that the amount so estimated is excessive, they may amend the amount so estimated by reducing it and serve notice on the person concerned of the revised amount estimated and such notice shall supersede any previous notice issued under this sub-article.
(2) Where a notice is served under sub-article (1) on a person, the following provisions shall apply:
(a) the person may, if he or she claims that he or she is not an accountable person, by giving notice in writing to the Revenue Commissioners within the period of fourteen days from date of service of the notice, require the claim to be referred for decision of the Appeal Commissioners and their decision shall be final and conclusive,
(b) on the expiration of the said period, if no such claim is required to be referred, or, if such is required to be so referred, on final determination against the claim, the estimated levy shall be recoverable in the like manner and by the like proceedings as if the amount specified in the notice were the amount of levy which the person was liable to pay for the period referred to in the notice,
(c) if, at any time after the service of the notice the person makes the return required under article 10 and, pays the levy due, if any, together with any costs which may have been incurred in connection with the default, the notice shall stand discharged and any excess of levy which may have been paid shall be repaid.
(3) A notice given by the Revenue Commissioners under sub-article (1) may extend to two or more consecutive accounting periods.
Estimation in the case of underpayment.
13. (1) Where the Revenue Commissioners have reason to believe that the total amount of levy payable by an accountable person in relation to any period, consisting of one accounting period or of two or more consecutive accounting periods, was greater than the total amount of levy (if any) paid by him or her in relation to that period, then, without prejudice to any other action which may be taken, they may make an estimate in one sum of the total amount of levy which in their opinion should have been paid in respect of the accounting period or periods comprised in such period and may serve a notice on the person specifying—
(a) the total amount of levy so estimated,
(b) the total amount of levy (if any) paid by the person in relation to the said period, and
(c) the balance of levy remaining unpaid.
(2) Where notice is served on an accountable person under sub-article (1), the following provisions shall apply:
(a) the person may, if he or she claims that the total amount of levy or the balance of levy remaining unpaid is excessive, on giving notice in writing to the Revenue Commissioners within the period of twenty-one days from the date of the service of the notice, appeal to the Appeal Commissioners,
(b) on the expiration of the said period, if no notice of appeal is received or, if notice of appeal is received, on determination of the appeal by agreement or otherwise, the balance of levy remaining unpaid as specified in the notice or the amended balance of levy as determined in relation to the appeal shall become due and payable as if the levy were levy which the person was liable to pay for the accounting period during which the period of fourteen days from the date of the service of the notice under sub-article (1) expired or the appeal was determined by agreement or otherwise, whichever period is the later.
Proof of notice in relation to estimation.
14. For the purposes of articles 12 and 13, where any officer of the Revenue Commissioners nominated by them for the purposes of article 12 or 13, or any other officer of the Revenue Commissioners acting with the knowledge of the nominated officer causes, for the purposes of article 12 or 13, to be issued, manually or by any electronic, photographic or other process, and to be served, a notice bearing the name of the nominated officer, the estimate to which the notice relates shall be deemed to have been made by the nominated officer.
Recovery
15. (1) Without prejudice to any other mode of recovery, the provisions of any enactment relating to the recovery of income tax and the provisions of any rule of court so relating shall apply to the recovery of any levy payable as they apply in relation to the recovery of income tax.
(2) In particular and without prejudice to the generally of sub-article (1), that sub-article applies the provisions of sections 962 , 963 , 964 (1), 966 and 1002 of the Taxes Consolidation Act, 1997 .
(3) In proceedings instituted for the recovery of any amount of levy-
(a) a certificate signed by an officer of the Revenue Commissioners which certifies that a stated amount of levy is due and payable by the defendant shall be evidence, until the contrary is proved, that that amount is so due and payable, and
(b) a certificate certifying as aforesaid and purporting to be signed by an officer of the Revenue Commissioners may be tendered in evidence without proof and shall be deemed, until the contrary is proved, to have been signed by an officer of the Revenue Commissioners.
(4) Subject to this article, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings by virtue of this article.
Appeals
16. The provisions of the Taxes Consolidation Act, 1997 relating to-
(a) the appointment of times and places for the hearing of appeals;
(b) the giving of notice to each person who has given notice of appeal of the time and place appointed for the hearing of his or her appeal;
(c) the determination of an appeal by agreement between the appellant and an officer appointed by the Revenue Commissioners in that behalf;
(d) the determination of an appeal by the appellant giving notice of his intention not to proceed with the appeal;
(e) the refusal of an application for an appeal hearing;
(f) the hearing and the determination of an appeal by the Appeal Commissioners including the hearing and determination of an appeal by one Appeal Commissioner;
(g) the publication of reports of determinations of the Appeal Commissioners;
(h) the determination of an appeal through the failure of a person who has given notice of an appeal to attend before the Appeal Commissioners at the time and place appointed;
(i) the refusal of an application for the adjournment of any proceedings in relation to an appeal and the dismissing of an appeal by the Appeal Commissioners;
(j) the extension of the time for giving notice of appeal and the readmission of appeals by the Appeal Commissioners;
(k) the rehearing of an appeal by a judge of the Circuit Court and the statement of a case for the opinion of the High Court on a point of law;
(l) the payment of the levy in accordance with the determination of the Appeal Commissioners notwithstanding that a case for the opinion of the High Court on a point of law has been required to be stated or is pending;
(m) the payment of levy which is agreed not to be in dispute in relation to an appeal; and
(n) the procedures for appeal,
shall, subject to any necessary modifications, apply to an estimate under articles 12 or 13 of these regulations as if the estimate or appeal were an appeal against an assessment to income tax.
Powers of officers.
17. (1) In this article, “authorised officer” means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this article.
(2) An accountable person or any person employed by the accountable person shall on request by an authorised officer produce all records, books and documents required to be retained under article 11 and furnish the authorised officer with all reasonable assistance, including the provision of information and explanations in relation to the acquisition, supply, disposal and stocks held of plastic bags as may be required by the authorised officer.
(3) An authorised officer may, at all reasonable times, enter premises in which plastic bags in respect of which the levy is or was chargeable are reasonably believed by the officer to be kept and may inspect and carry out such search and investigation as such officer may consider to be proper and take particulars of –
(a) any such plastic bags there found, or
(b) any records, books or other documents there found and reasonably believed by the officer to relate to the acquisition and the supply of such plastic bags or, in the case of such information in a non-legible form (including such information in a computer), require the person in charge of such premises to produce it to the officer in a permanent legible form.
(4) An authorised officer may remove and retain all records, books and documents required to be retained under article 11 for such period as may be reasonable for their further examination or for the purposes of any proceedings in relation to the levy.
Obstruction.
18. A person shall not resist, obstruct or impede an officer of the Revenue Commissioners in the exercise of a power conferred on that officer by article 17.
Application of Section 14 of the Act — avoidance of doubt.
19. For the avoidance of doubt, it is hereby declared that the provisions of section 14 of the Act shall apply in relation to these Regulations.
Information to be provided by distributors etc.
20. (1) In this article “authorised officer” means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this article.
(2) A person who supplies plastic bags to a person who carries on the business of selling goods or products at any shop, supermarket, service station or other sales outlet and who has been required to do so by notice in writing from an authorised officer, shall, not later than one month after the receipt of such notice, advise the authorised officer in writing of –
(a) the number of plastic bags not greater in dimension than 225mm in width (exclusive of any gussets) by 345mm in depth (inclusive of any gussets) by 450mm in length (inclusive of any handles), and
(b) the number of plastic bags (other than those of the type referred to in paragraph (a) above or in paragraph (e) of article 5)
supplied by him or her, during the accounting period or periods specified in the notice, to each accountable person specified in the notice and shall, on request by an authorised officer, produce to the authorised officer all records, books and documents retained by him or her in relation to such supplies.
Nomination of officers.
21. The Revenue Commissioners may nominate any officer of the Revenue Commissioners to perform any acts and discharge any functions authorised by these Regulations to be performed or discharged by the Revenue Commissioners.
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Given under the Official Seal of the Minister for the Environment and Local Government this 19th day of December 2001.
NOEL DEMPSEY
Minister for the Environment and Local Government.
EXPLANATORY NOTE.
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations provide for the imposition of an environmental levy on plastic bags and provide for the arrangements for the collection of the levy and specify the times at which the levy shall be paid.
These Regulations were notified to the European Commission in draft form in accordance with EU Council Directive 98/34/EC.
S.I. No. 478/2003 –
Waste Management (Environment Fund) (Prescribed Payments) Regulations 2003
The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by section 7 of the Waste Management Act 1996 (No. 10 of 1996), and having regard to section 74 (9)(m) of the aforementioned Act, as inserted by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), hereby makes the following regulations:-
Citation
1. These Regulations may be cited as the Waste Management (Environment Fund (Prescribed Payments) Regulations 2003.
Interpretation
2. In these Regulations –
“the Minister” means the Minister for the Environment, Heritage and Local Government.
“Environment Fund” has the meaning assigned to it under section 74 of the Waste Management Act 1996 .
3. The Minister may from time to time pay out of the Environment Fund such amounts of moneys he or she considers appropriate for any or all of the following purposes, namely to facilitate, assist, support or promote initiatives, activities in the State, or in an international or trans-national context, with respect to
(i) the prevention, reduction, recovery, recycling, re-use of waste;
(ii) training, research and development, monitoring and reporting, and management of the activities mentioned in this sub-article in relation to the protection and / or improvement of any aspect of the environment,
(iii) meeting national mandatory and voluntary contributions to national and international organisations concerned with the protection of the environment and/or sustainable development.
Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 9th day of October, 2003
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MARTIN CULLEN
___________________________________
Minister for the Environment, Heritage and Local Government
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations provide that moneys from the Environment Fund may be used for initiatives undertaken in the State, or on an international or trans-national basis relating to the protection of the environment and /or sustainable development, including areas such as research and development, contributions to international organisations etc.
S.I. No. 62/2007 –
Waste Management (Environmental Levy) (Plastic Bag) Order 2007
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, and 72 of the Waste Management Acts 1996 to 2005 and with the consent of the Minister for Finance hereby orders as follows:
1. This Order may be cited as the Waste Management (Environment Levy) (Plastic Bag) Order 2007.
2. In this order, “the Waste Management Acts 1996 to 2005” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003) and the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ).
3. This Order shall come into operation on the 20th of February 2007.
4. Section 72(3) of the Waste Management Acts 1996 to 2005 is hereby amended by –
the substitution of “22” for “19”.
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Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 16th day of February 2007
DICK ROCHE
______________________________
Minister for the Environment,
Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
This Order amends section 72 (3) of the Waste Management Act 1996 as inserted by section 9 of the Waste Management (Amendment) Act 2001 and provides that the amount of the plastic bag levy shall not exceed 22 cent.
S.I. No. 167/2007 –
Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007
WASTE MANAGEMENT (ENVIRONMENTAL LEVY) (PLASTIC BAG) (AMENDMENT) (No. 2) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 27th April, 2007.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, 29 and 72 of the Waste Management Acts 1996 to 2007 hereby makes the following Regulations—
Citation.
1. These Regulations may be cited as the Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007.
Interpretation.
2. In these Regulations, save where the context otherwise requires—
“the Waste Management Acts 1996 to 2007” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ) and the Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 );
“the 2001 Regulations” means the Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 ( S.I. No 605 of 2001 ).
Commencement.
3. These Regulations shall come into operation on the 1st day of July 2007.
Amendment of Article 4 of the 2001 Regulations.
4. Article 4 of the 2001 Regulations is hereby amended by the substitution of “22” for “15”.
Amendment of Article 11 of the 2001 Regulations.
5. (1) Article 11 (1)(a) of the 2001 Regulations is hereby amended by the insertion of “or before the commencement of business on the date on which any increase in the amount of the levy comes into effect,” after “March, 2002,”
(2) Article 11 (1)(b) of the 2001 Regulations is hereby amended by the insertion of “or before the commencement of business on the date on which any increase in the amount of the levy comes into effect,” after “March, 2002”.
Revocation.
6. The Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations 2007 (S. I. No. 66 of 2007) are hereby revoked.
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GIVEN under my Official Seal,
24 April 2007
DICK ROCHE
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations revoke the Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations 2007 ( S.I. No. 66 of 2007 ) and provide for an increase in the amount of the levy on plastic bags from 15 cent to 22 cent per bag with effect from 1 July 2007.
S.I. No. 396/2017 –
Waste Management (Farm Plastics) (Amendment) Regulations 2017.
1. Citation
2. Commencement
3. Amendment to Waste Management (Farm Plastics) Regulations 2001
WASTE MANAGEMENT (FARM PLASTICS) (AMENDMENT) REGULATIONS 2017
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 12th September, 2017.
I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 7 , 19 , 27 , 28 and 29 of the Waste Management Act, 1996 (No. 10 of 1996) and by the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 ( S.I. No. 393 of 2016 ) (as adapted by the Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 421 of 2016 )) hereby make the following Regulations:-
Citation.
1. These Regulations may be cited as the Waste Management (Farm Plastics) (Amendment) Regulations 2017.
Commencement.
2. These Regulations shall come into operation on 1 October 2017.
Amendment to the Waste Management (Farm Plastics) Regulations 2001
3. Regulation 2(3) of the Waste Management (Farm Plastics) Regulations 2001 ( S.I. No. 341 of 2001 ) is amended by substituting for the definition of “farm plastics” the following definition:
“farm plastics” means sheeting, netting, bale twine, bale wrap or bale bags composed mainly of polyolefins, including polyethylene, polypropylene or polyvinyl chloride, which is or are suitable for use for the holding, storage or conservation of fodder.
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GIVEN under my Official Seal,
30 August 2017.
DENIS NAUGHTEN,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the Waste Management (Farm Plastics) Regulations 2001 and are designed to assist in the improved recovery of waste farm plastics. The Regulations provide that from 1 October 2017, the definition of farm plastics will be expanded to include two further materials, i.e. netting and bale twine.
Waste Management (Tyres and Waste Tyres) Regulations 2017.
INDEX
PART I
PRELIMINARY AND GENERAL
1. Citation and commencement.
2. Interpretation.
3. Scope.
PART II
REGISTRATION BODY
4. Establishment of a registration body.
5. Grant or refusal of approval.
6. Review and revocation of approval.
7. Functions of the registration body.
8. Powers of the registration body.
9. Obligations of producers to register with and provide information to the registration body.
10. Registration with the registration body.
11. Obligation on producers to retain records.
12. Prohibition on producers to place tyres on the market in the State.
13. Producer’s authorised representative.
14. Display of registration number.
15. Certification of producers.
PART III
APPROVED BODY
16. Application to the Minister for approval.
17. Grant or refusal of approval.
18. Review and revocation of approval.
19. Use of logo adopted by an approved body.
20. Functions of the approved body.
21. Obligation on producers and retailers to be a member of an approved body.
22. Application to an approved body.
23. Approval or refusal of application by an approved body.
24. Reporting and information to be provided by retailers to approved body.
PART IV
RETAILER OBLIGATIONS
25. Prohibition on retailers from distributing tyres supplied by producers who are not in possession of a valid certificate of registration.
26. Obligation on retailers to display information.
27. Obligation on retailers to ensure collection of certain waste tyres.
28. Obligation on retailers to charge an Environmental Management Cost and to forward the cost charged to an approved body.
29. Management of waste tyres by retailers.
PART V
WASTE COLLECTOR OBLIGATIONS
30. Application for registration with an approved body by authorised waste collectors.
31. Registration and certification of waste collectors.
32. Information to be provided to an approved body by authorised waste collectors.
33. Management of waste tyres by authorised waste collectors.
PART VI
RECOVERY OPERATOR OBLIGATIONS
34. Application for registration with an approved body by recovery operators.
35. Registration and certification of recovery operators.
36. Information to be provided to an approved body by a recovery operator.
37. Obligation on recovery operators to provide a certificate of recovery.
PART VII
FARMER OBLIGATIONS
38. Prohibition on the storage of waste tyres by farmers.
39. Application for registration of farmers.
40. Management of waste tyres by farmers.
41. Management of historic waste tyres by farmers.
PART VIII
ENVIRONMENTAL MANAGEMENT COST
42. Financing the cost of managing tyres in an environmentally sound manner.
43. Amount of Environmental Management Cost.
PART IX
ENFORCEMENT
44. Functions of Local Authorities.
45. Functions of the Environmental Protection Agency.
PART X
MISCELLANEOUS
46. Offences.
47. Prosecutions and Penalties.
48. Non-application of section 39(1) of the Act.
49. Revocation.
FIRST SCHEDULE
CATEGORIES OF TYRES
SECOND SCHEDULE
INFORMATION TO BE COMPILED AND PROVIDED BY PRODUCERS WHEN COMPLYING WITH THE PROVISIONS OF PARTS II AND III OF THESE REGULATIONS
THIRD SCHEDULE
INFORMATION TO BE PROVIDED BY RETAILERS FOR THE PURPOSE OF APPLICATION AND REPORTING WHEN COMPLYING WITH THE PROVISIONS OF PART III OF THESE REGULATIONS
FOURTH SCHEDULE
REQUIREMENTS REGARDING A NOTICE IN ACCORDANCE WITH THE PROVISIONS OF REGULATION 26
FIFTH SCHEDULE
INFORMATION TO BE COMPILED AND PROVIDED BY AUTHORISED WASTE COLLECTORS WHEN COMPLYING WITH THE PROVISIONS OF PART V OF THESE REGULATIONS
SIXTH SCHEDULE
INFORMATION TO BE COMPILED AND PROVIDED BY RECOVERY OPERATORS WHEN COMPLYING WITH THE PROVISIONS OF PART VI OF THESE REGULATIONS
SEVENTH SCHEDULE
INFORMATION TO BE COMPILED AND PROVIDED BY FARMERS WHEN COMPLYING WITH THE PROVISIONS OF PART VII OF THESE REGULATIONS
EIGHTH SCHEDULE
ENVIRONMENTAL MANAGEMENT COST TO BE IMPOSED IN ACCORDANCE WITH PART VIII OF THESE REGULATIONS
S.I. No. 400 of 2017
WASTE MANAGEMENT (TYRES AND WASTE TYRES) REGULATIONS 2017
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 19th September, 2017.
I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 4 , 5 , 7 , 9 , 10 , 11 , 14 , 18 , 19 , 27 , 28 , 29 , 32 , 34 , 36 and 39 of the Waste Management Act 1996 as amended hereby make the following regulations:
PART I
PRELIMINARY AND GENERAL
Citation and commencement
1. (1) These Regulations may be cited as the Waste Management (Tyres and Waste Tyres) Regulations 2017.
(2) Parts IV, V, VI, VII, VIII, IX and X shall come into operation on 1 October 2017.
Interpretation
2. In these Regulations, save where the context otherwise requires:
“the Act” means the Waste Management Act 1996 and every other enactment which is to be read together with that Act;
“approved body” means any natural or legal person or persons or association or body corporate approved by the Minister in accordance with the provisions of Part III of these Regulations;
“authorised person” means a person who is appointed in accordance with Section 5(1) of the Act;
“authorised waste collector” means a holder of a waste collection permit that is in force and which allows for the collection of waste tyres;
“Certificate of Registration” means a certificate issued by a registration body under Regulation 8;
“Certificate of Membership” means a certificate issued by an approved body under Regulation 20;
“CN code” means that code number in the integrated tariff of the European Communities (TARIC), as amended from time to time, which said tariff is based on the codes of the combined nomenclature in Annex I of Council Regulation (EEC) No. 2658/871 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff as amended or replaced by any subsequent regulations or decisions of an institution of the European Communities;
“Companies Acts” means the Companies Acts 2014 and every other enactment which is to be read together with that Act;
“environmentally sound management of waste tyres” means the collection, storage, treatment and recovery or, as appropriate, disposal of waste tyres in a manner which does not endanger human health or harm the environment, and in particular does not:
(i) create a risk to waters, the atmosphere, land, soil, plants or animals,
(ii) adversely affect the visual impact of the landscape,
(iii) pose a fire risk by virtue of the manner in which the waste tyres are being stored or, as appropriate,
(iv) become mixed with other waste streams when stored;
“farmer” means a person who derives his or her livelihood or part thereof from the pursuit of agriculture and is registered as such with the Department of Agriculture Food and the Marine;
“Minister” means the Minister for Communications, Climate Action and Environment;
“nominated authority” means a local authority nominated under paragraph (aa) of Section 34(1) of the Act for the purpose specified therein;
“place on the market” means the first sale or supply of a tyre for the purpose of trade or otherwise in the course of business in the State and includes:
(i) in exchange for any consideration other than money,
(ii) as a prize, or
(iii) as a gift.
“premises” includes any messuage, building, vessel, structure or land (whether or not there are any structures on the land and whether or not the land is covered with water), and any plant or vehicles on such land, or any hereditament or any tenure, together with any out-buildings and curtilage;
“producer” means any natural or legal person who, irrespective of the selling technique used—
(i) manufactures tyres for placement of said tyres on the market in the State;
(ii) imports tyres on a professional basis into the State;
(iii) manufactures original equipment which places tyres on the market in the State;
(iv) imports vehicles which place tyres on the market in the State;
(v) imports for the purpose of retreading or remoulding tyres for placement of said tyres on the market in the State;
(vi) places tyres on the market in the State on behalf of a producer who is not registered within the meaning of Regulation 9;
“recovery operator” means any natural or legal person engaged in waste recovery, including reuse or recycling, subject to that person having obtained all necessary licences or permits required under sections 39(1) or 39(4) of the Act or, as appropriate, under section 82(2) of the Environmental Protection Agency Acts 1992 to 2011;
“registration body” means any natural or legal person or persons or association or body corporate approved by the Minister in accordance with Regulation 5;
“retailer” means any natural or legal person who for the purpose of trade or otherwise in the course of business as a wholesaler or supplier, sells or otherwise supplies tyres to other persons;
“reuse” means any operation by which a tyre which is not a waste tyre is used again for the same purpose for which it was conceived;
“silage pit” means a pit currently utilised for the storage of silage, and which has been constructed in accordance with guidance and, as appropriate, regulations in force at the time of construction and maintained in accordance with any guidance and as appropriate with any regulations currently in force, with particular regard to the European Union (Good Agricultural Practice for the Protection of Waters) Regulations 2014, Department of Agriculture Food and the Marine farm building specifications, planning and development, health and safety and pollution control;
“waste tyre” means a tyre which the holder of said tyre discards or intends to or is required to discard.
Scope
3. (1) These Regulations shall apply to tyres designed for, fitted to or, as appropriate, removed from any mechanically propelled vehicle or vehicles and any trailer attached thereto as set out in the First Schedule and falling within headings 4011 and 4012 of the CN code.
(2) Without prejudice to paragraph (1), these Regulations shall not apply to tyres falling within subheadings 40113000, 40115000 and 40121300 of the CN code.
PART II
REGISTRATION BODY
Establishment of a Registration Body
4. (1) The Minister may undertake, or approve a person or persons, or association, or body corporate to undertake, any or all of the functions provided for in Regulation 7 for the purposes of this Part.
(2) Any person or persons, or association, or body corporate who undertakes all the functions provided for in Regulation 7 shall be known for the purposes of these Regulations as the “registration body”.
Grant or refusal of approval
5. (1) Subject to paragraph (3), the Minister may, by notice in writing, grant approval or may refuse to grant such approval provided for in Regulation 4(1).
(2) An application for approval provided for in Regulation 4 (1) shall be made in writing and shall be accompanied by the following:
(a) a copy of the articles of association of the body corporate,
(b) the appropriate certificate issued by the Companies Registration Office,
(c) the names and addresses in the State of the officers of the registration body and its board of directors,
(d) proposals relating to corporate governance,
(e) the address of the registration body’s registered office and the address of the secretary, if different from the registered office,
(f) a business plan in relation to the operation of the registration body,
(g) a financial plan in relation to the operation of the registration body,
(h) proposals for the certification of producers for the purpose of Regulation 15,
(i) proposals for an annual audit plan of producers,
(j) proposals for determining the proportion of market share held by individual producers,
(k) proposals for an independent appeals process in the event of an application for registration being rejected or as appropriate revoked in accordance with Regulation 15 (4),
(l) proposals for registration fee structures,
(m) such other information as may be specified in writing by the Minister for the purposes of this Regulation.
(3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to matters specified in Regulation 6 and including, but not exclusively,—
(a) the period of approval which shall be for a period of not more than 5 years,
(b) variance in the terms and conditions of approval,
(c) revocation of approval, and
(d) the nature of information (including financial accounts) to be recorded and maintained by the body concerned.
(4) The Minister may, by notice in writing, from time to time vary any condition attached to an approval granted in accordance with the provisions of this Regulation.
(5) The registration body shall be responsible for the effective carrying out of its functions.
Review and revocation of approval
6. (1) Subject to paragraph (2), where considered necessary, the Minister may review an approval granted in accordance with the provisions of Regulation 5.
(2) Where the Minister proposes to review an approval, the Minister shall—
(a) give notice in writing to the registration body of the proposal and the reasons therefore,
(b) specify a period of not less than 4 weeks within which the registration body may make a submission to the Minister in relation to a review, and
(c) consider any submission so made.
(3) Following the consideration of any submission made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.
(4) Where an approval, granted in accordance with the provisions of Regulation 5 is due to expire, the registration body—
(a) shall not later than 6 months before the expiry date of the approval, notify the Minister, in writing, whether or not it intends to continue or cease operating as the registration body, and
(b) if intending to continue to operate as the registration body, shall not later than 4 months before the expiry date of the approval, make a submission to the Minister in accordance with the provisions of said Regulation.
(5) Subject to paragraph (6), where it appears to the Minister that the registration body is not complying with conditions attached to such approval, he or she may revoke an approval granted in accordance with the provisions of Regulation 5.
(6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of Regulation 5, the Minister shall—
(a) give notice in writing to the registration body of the proposed decision and the reasons therefore,
(b) specify a period of not less than 4 weeks within which the registration body may make a submission to the Minister in relation to the proposed decision, and
(c) consider any submission so made.
(7) Once an approval granted in accordance with the provisions of Regulation 5—
(a) is revoked by the Minister, or
(b) expires,
the registration body and any third party contracted to undertake any or all of the functions allotted to it, shall immediately transfer to the Minister, or to any party so directed by the Minister, or to the person or persons, or association, or body corporate who is in receipt of the next approval to act as the registration body for the purposes of this Part, all records, documentation and data in written and in electronic form, including the requisite software and programmes, together with any funds and assets that were obtained on account of the functions provided for in Regulation 7 and powers that were vested in accordance with the provisions of Regulation 8.
Functions of the Registration Body
7. (1) The registration body shall—
(a) establish and maintain a register (hereafter in this Part referred to as ‘the register’) of all producers placing tyres on the market in the State,
(b) provide for the determination of the proportion of market share held by each individual producer placing tyres on the market in the State and notify him or her accordingly,
(c) determine the amount of environmental management cost liability accrued by each producer in accordance with Regulation 42,
(d) advise the approved body of the amount of environmental management cost liability of each producer in respect of the preceding calendar month by a day in the month to be agreed between the registration body and the approved body,
(e) implement an annual audit plan,
(f) cause proper accounts to be kept of all income and expenditure of the registration body in each calendar year, or in the first 2 years of its operations the relevant part thereof, and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the registration body,
(g) in the first 6 months of each year, or by a date specified by the Minister in an approval granted in accordance with Regulation 5, make a report to the Minister of its activities during the preceding calendar year, or in the first 2 years of its operations the relevant part thereof, which shall include a summary of all income and expenditure and balance sheet for that calendar year, or in the first 2 years of its operations the relevant part thereof, and audited accounts in respect of the calendar year, or in the first 2 years of its operations the relevant part thereof, prior to that,
(h) provide such information regarding the operation of the registration body as the Minister may from time to time require,
(i) provide such information to the approved body at a frequency and in a format as shall be agreed between the registration body and the approved body in order to ensure the full traceability of tyres placed on the market by producers,
(j) notify the relevant local authority or, as appropriate, the Agency where it is evident to the registration body that a producer has failed to comply with any provision or provisions of these Regulations and provide information to the relevant local authority or, as appropriate, the Agency in such format and at such frequency as may be determined by the local authority or the Agency, as appropriate.
(2) The registration body shall be prohibited from providing to any person or persons, any information or data either verbally, in written or in electronic form
(a) concerning the quantity of tyres placed on the market attributable to or, as necessary,
(b) that may be used to identify or, as necessary, calculate the market share of
any individual producer other than to the individual producer unless authorised to do so by the individual producer or the Minister.
(3) The Minister shall inform an individual producer if he or she proposes to authorise the registration body to provide any information in paragraph (2).
(4) Without prejudice to paragraph (1) the registration body may, where appropriate, procure the services of a—
(a) person or persons,
(b) association or associations or, as appropriate,
(c) body corporate or bodies corporate,
to undertake any or all of the functions allotted to it.
Powers of the Registration Body
8. (1) The registration body or a third party acting on its behalf shall be empowered to—
(a) determine applications for registration of producers or refusals in accordance with the provisions of Regulation 15,
(b) issue certificates of registration and registration numbers,
(c) obtain a statement from the external auditors of any producer, or any approved body relating to financial information or, as appropriate, examine the records of any producer, or approved body acting on behalf of a producer relating to—
(i) the quantities, by weight or, as appropriate, by number of units of tyres placed on the market by a producer, and
(ii) market data including the quantities, by weight or, as appropriate, by number of units, of tyres placed on the market by a producer,
(d) where necessary, receive any subscriptions or make charges to provide for the effective carrying out of its functions,
(e) set the level of any such subscription or charges which it may review from time to time.
(2) Without prejudice to paragraph (1), where any or all of the registration functions are sub-contracted to a third party, the powers laid down in subparagraph (1)(c) shall transfer to the third party concerned.
(3) Without prejudice to paragraph (2), a third party empowered to determine the total quantity of tyres attributable to each individual producer shall be prohibited from providing to any person or persons, including the contracting registration body, any information or data either verbally, in written or in electronic form—
(a) concerning the quantity of tyres placed on the market attributable to or, as necessary,
(b) that may be used to identify or, as necessary, calculate the market share of,
any individual producer other than to the individual producer concerned, unless authorised to do so by the individual producer or the Minister.
(4) The Minister shall inform an individual producer if he or she proposes to authorise the disclosure of information in paragraph (3).
Obligation of producers to register with and provide information to the Registration Body
9. Each producer that has placed tyres on the market in the State shall—
(a) be registered with the registration body,
(b) display the registration number issued to him or her in accordance with the provisions of Regulation 8 on any invoice, receipt, credit note, dispatch and delivery docket issued to a customer by him or her,
(c) pay any subscription or charge as may be determined by the registration body or, as appropriate, a third party acting on its behalf, and
(d) prior to a day in each month to be prescribed by the registration body, provide the registration body with the information set out in Part 2 of the Second Schedule.
Registration with the Registration Body
10. (1) A producer shall apply for registration to the registration body or as appropriate a third party acting on its behalf within 20 working days of the commencement of these Regulations or the commencement of business, whichever is the later.
(2) Notwithstanding paragraph (1), where, prior to 1 October 2017, the Minister has approved a person or persons, or association or body corporate to undertake the functions of the registration body, a producer who has commenced business in advance of said approval shall apply for registration to the registration body or as appropriate a third party acting on its behalf in accordance with paragraph (3) before 1 October 2017.
(3) An application for registration in accordance with the provisions of paragraphs (1) and (2) shall be made annually, and not later than 31 January in each calendar year, in writing, or electronically and shall contain at least the information set out in Part 1 of the Second Schedule.
(4) An application for registration in accordance with the provisions of paragraphs (1) and (2) shall be accompanied by any charge as may be determined by the registration body or, as appropriate, a third party acting on its behalf.
(5) A producer shall notify the registration body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for registration within 10 working days of such change.
(6) An application for registration in accordance with paragraphs (1) and (2) shall be accompanied by a copy of a valid membership number granted in accordance with the provisions of Regulation 15 of these Regulations stating that such a producer is participating in a satisfactory manner in a scheme for the environmentally sound management of waste tyres.
(7) A producer shall de-register by informing the registration body in writing or electronically that it has ceased to be a producer.
(8) The information for the purposes of paragraph (7) shall indicate how the producer has ensured the environmentally sound management of waste tyres up until the last date on which it has placed tyres on the market.
Obligation on Producers to retain records
11. It shall be the responsibility of each producer to retain, for a period of 7 years after the end of a reporting period prescribed by the registration body, such records as are necessary to verify the accuracy of the information compiled in accordance with Regulations 9(d) and 10(3).
Prohibition on Producers to place tyres on the market
12. A producer who—
(a) fails to comply with any of the provisions of Regulation 9, or
(b) is deemed not to be registered in accordance with Regulation 15, or
(c) is refused an application for renewal of registration in accordance with the provisions of Regulation 15(4),
shall not place tyres on the market in the State.
Producer’s Authorised Representative
13. (1) A producer who is established in another Member State or a country outside of the European Union may, by way of exception to Regulation 9 appoint an authorised representative to fulfil the obligations of that producer pursuant to these Regulations.
(2) Appointment of an authorised representative shall be by written mandate to the registration body.
Display of Registration Number
14. Any person who is not in possession of a valid Certificate of Registration in accordance with the provisions of Regulation 15 shall be prohibited from displaying any registration number issued by the registration body on any invoice, credit note, dispatch and delivery docket, website or at any place.
Certification of Producers
15. (1) Without prejudice to paragraphs (3) and (4), a producer who makes an application in accordance with the provisions of Regulation 9 shall be registered by the registration body provided that the requirements of Regulations 10 and 11 are complied with.
(2) A producer shall not be deemed to be registered until a Certificate of Registration and registration number have been issued by the registration body or a third party acting on its behalf.
(3) The registration body or a third party acting on its behalf shall issue a Certificate of Registration bearing a unique registration number as expeditiously as possible and, in any event, within—
(a)21 working days of the date of receipt of an application for registration, or
(b)21 working days after the date of receipt of further information or particulars requested by the registration body in connection with such an application,
whichever is the later.
(4) Without prejudice to paragraphs (1) and (3), the registration body may refuse or, as appropriate, revoke a registration in accordance with the provisions of this Regulation where it considers that a producer has, in the preceding 12 month period, or any part of that period failed to—
(a) maintain satisfactory records in accordance with the provisions of Regulation 11, or
(b) provide the information specified in Regulations 10 or 11, or
(c) display the registration number issued to him or her in accordance with Regulation 8 on his or her website.
PART III
APPROVED BODY
Application to the Minister for approval
16. (1) A body corporate may apply to the Minister for approval for the purposes of this Part.
(2) An application for approval under paragraph (1) shall be made in writing and shall be accompanied by the following:
(a) a copy of the Articles of Association of the body corporate,
(b) the appropriate certificate issued by the Companies Registration Office,
(c) the names and addresses in the State of the officers of the body applying for approval and its board of directors,
(d) the address of the body applying for approval’s registered office and the address of the secretary, if different from the registered office,
(e) proposals relating to corporate governance,
(f) proposals for representation of small and medium sized enterprises on the board of the approved body,
(g) a business plan in relation to the proposed scheme,
(h) a financial plan in relation to the proposed scheme,
(i) proposals for a contingency reserve,
(j) proposals relating to co-operation with other approved bodies, authorised waste collectors and recovery operators in relation to the environmentally sound management of waste tyres arising,
(k) proposals in relation to how the body corporate will ensure the environmentally sound management of waste tyres including proposals for Rules of Membership for members participating in the scheme,
(l) proposals for the achievement of targets for the environmentally sound management of waste tyres,
(m) proposals for reconciliation and audit of information supplied by members,
(n) proposals for obtaining information from local authorities:
(i) accepting waste tyres at civic amenity facilities or, as appropriate,
(ii) utilising waste tyres in engineering or public works,
(o) proposals for submitting information, in such form and at such frequency as may be specified by a local authority or, as appropriate, the Agency in relation to activities carried out and information held by the approved body, by producer and retailer members of the approved body and by authorised waste collectors, recovery operators and farmers registered with the approved body,
(p) a copy of the rules of membership of the body corporate together with details of the membership fee structure,
(q) a declaration that no authorised waste collector will be discriminated against on the grounds of the quantity or type of tyres that he or she collects or, as appropriate, geographical location or locations of the waste collector,
(r) a list of applications for membership received, accepted, and rejected together with the grounds for rejection,
(s) proposals for the certification of membership of producers and retailers for the purposes of Regulation 20,
(t) proposals for an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,
(u) proposals for the registration of authorised waste collectors for the purposes of Regulation 30,
(v) proposals for the registration of recovery operators for the purposes of Regulation 34,
(w) proposals for the registration of farmers for the purposes of Regulation 39,
(x) proposals relating to green procurement,
(y) proposals relating to the dissemination of information to the public regarding the environmentally sound management of waste tyres,
(z) proposals detailing the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister or, as appropriate,
(aa) such other information as may be specified in writing by the Minister for the purposes of this regulation.
Grant or refusal of approval
17. (1) Subject to paragraph (3), the Minister may, by notice in writing, grant approval to a body corporate for the purposes of this Part, or may refuse to grant such approval.
(2) Subject to Regulation 16, an approval granted by the Minister under this Regulation shall be for a period of not more than 5 years.
(3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to the matters specified in Regulation 16.
(4) Without prejudice to paragraph (3), in the event that an approved body:
(a) has its approval revoked in accordance with the provisions of Regulation 18,
(b) goes into liquidation, examination or, receivership or, as appropriate,
(c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
the contingency reserve provided for in Regulation 16(2), shall not be used by any person or persons, including the liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer, supplier or, as appropriate, authorised waste collector concerned as laid down in these Regulations.
(5) The Minister may, by notice in writing, from time to time vary any existing condition attached to an approval granted in accordance with the provisions of this Regulation or add any new condition.
Review and revocation of approval
18. (1) Subject to paragraph (2), where it appears to the Minister that:
(a) new targets for the environmentally sound management of waste tyres need to be set,
(b) it is necessary to ensure equitable distribution of producer or retailer responsibility obligations, or
(c) for some other reason it is necessary in the interests of the environmentally sound management of waste tyres,
he or she may review an approval granted in accordance with the provisions of Regulation 17, or require the approved body to make a new application in accordance with the provisions of Regulation 16 for a renewal of an approval.
(2) Where the Minister proposes to review an approval granted in accordance with the provisions of Regulation 17, or require the making of a new application in accordance with the provisions of Regulation 16, the Minister shall:
(a) give notice in writing to the approved body of the proposal and the reasons therefore,
(b) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to a review, or make a new application in accordance with the provisions of Regulation 16, as the case may be, and
(c) consider any submission, or application so made.
(3) Following the consideration of any submission or application made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate, or grant a new approval in accordance with the provisions of Regulation 17, as the case may be.
(4) Where an approval granted in accordance with the provisions of Regulation 17 is due to expire, the approved body concerned shall:
(a) not later than 6 months before the expiry of the approval, if intending to continue to operate as an approved body, make an application to the Minister under Regulation 16, or
(b) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body.
(5) Subject to paragraph (6), where it appears to the Minister that an approved body is not complying with conditions attached to such approval, or that relevant targets for the environmentally sound management of waste tyres have not been or are not being met, the Minister may review or, as appropriate, revoke an approval granted in accordance with Regulation 17.
(6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of Regulation 17, the Minister shall:
(a) give notice in writing to the approved body of the proposed decision and the reasons therefor,
(b) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and
(c) consider any submission so made.
(7) Where the Minister revokes an approval granted in accordance with the provisions of Regulation 17, the approved body concerned shall transfer the registration of all farmers and waste collectors to:
(a) another body corporate granted an approval in accordance with the provisions of Regulation 17, or in the event of no approval issuing to another body corporate,
(b) the local authorities in whose functional areas each farmer concerned stores and uses waste tyres for the purposes of anchoring silage covering or
(c) the local authorities in whose functional areas each waste collector collects waste tyres.
Use of logo adopted by an approved body
19. No person shall, other than with the written consent of an approved body, display at any premises, or on or in, any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body for use by members certified by that approved body for the purposes of Regulation 20.
Functions of the approved body
20. (1) Without prejudice to any requirements resultant from any condition the Minister may specify in accordance with, as the case may be, an approval granted under Regulation 17 or a revised approval granted under Regulation 18, the approved body shall—
(a) be responsible for the effective carrying out of its functions,
(b) where necessary, receive any subscriptions or make charges to provide for the effective carrying out of its function,
(c) set the level of any such subscription or charges which it may review from time to time,
(d) issue a certificate of membership to all producers and retailers who fulfil their obligations under these Regulations,
(e) ensure the environmentally sound management of tyres on behalf of its members,
(f) notwithstanding the obligations of subparagraph (c), not arrange for the collection of waste tyres from members for which the environmental management cost in the Eighth Schedule is not applicable or is set at €0.00,
(g) recoup from individual producers the environmental management cost charged in accordance with Regulation 42, on receipt of information provided by the registration body in accordance with Regulation 7,
(h) provide such information regarding the operation of the approved body as the Minister may from time to time require,
(i) provide information to the relevant local authority, nominated authority or, as appropriate, the Agency in such format and at such frequency as may be determined by the local authority, nominated authority or the Agency,
(j) provide such information to the registration body at a frequency and in a format as shall be agreed between the approved body and the registration body and in order to ensure the full traceability of tyres placed on the market by producers,
(k) maintain a register of farmers to whom waste tyres have been supplied in accordance with Regulation 40.
Obligation of producers and retailers to be a member of an approved body
21. (1) Each producer and retailer shall be obliged to—
(a) be a member of an approved body,
(b) pay membership fees as may be determined by that approved body.
(2) A producer or retailer who fails to comply with the provisions of paragraph 1, or is refused a certificate of membership by an approved body in accordance with Regulations 23, paragraphs (3) and (4) shall not place tyres on the market in the State or, as appropriate, sell tyres to a customer.
(3) Membership of an approved body shall not provide any exemption from the provisions of other regulations made under the Act, unless specifically provided for in these Regulations.
Application to an Approved Body
22. (1) A producer or retailer shall apply for membership of an approved body within 15 working days of the commencement of these Regulations or the commencement of business, whichever is the later.
(2) Notwithstanding paragraph (1), where, in advance of 1 October 2017, the Minister has approved one or more approved bodies in accordance with Regulation 17, a producer or retailer who has commenced business prior to such approval shall apply for membership of an approved body before 1 October 2017.
(3) An application for membership of an approved body by a retailer in accordance with the provisions of paragraphs (1) and (2) shall be made in such form as may be prescribed by that approved body and shall contain at least the information set out in Part 1 of the Third Schedule.
(4) An application for membership of an approved body by a producer in accordance with the provisions of paragraphs (1) and (2) shall be made in such form as may be prescribed by that approved body and shall contain at least the information set out in Part 3 of the Second Schedule.
(5) An application for membership in accordance with the provisions of paragraphs (1) and (2) shall be accompanied by the fee as may be determined by the approved body.
(6) A producer or retailer shall notify the approved body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for membership within 10 working days of such change.
(7) A producer or retailer shall immediately inform the approved body of which it is a member, in writing or electronically, that it has ceased to be a producer or retailer.
Approval or refusal of application by an Approved Body
23. (1) A producer who makes an application in accordance with the provisions of Regulation 22 shall be approved for membership by the approved body provided the requirements of Regulation 22 are complied with and that the obligations placed on a producer or retailer under these Regulations are complied with.
(2) A retailer who makes an application in accordance the provisions of Regulation 22 shall be approved for membership by the approved body provided the requirements of Regulation 22 and 24 are complied with.
(3) Without prejudice to paragraph (1) the approved body may refuse, or as appropriate, revoke a producer’s membership where it considers that said producer, in the preceding 12 month period, or any part of that period failed to carry out its obligations in accordance with Regulations 9, 10, 11, 12 or 21 under these Regulations.
(4) Without prejudice to paragraph (1) the approved body may refuse, or as appropriate, revoke a retailer’s membership where it considers that said retailer, in the preceding 12 month period, or any part of that period failed to carry out its obligations in accordance with Regulations 21, 22, 24, 42 or Part IV of these Regulations.
(5) Where the approved body refuses or, as appropriate, revokes a membership in accordance with paragraph (2), the approved body shall inform the registration body, the local authority in whose functional area the producer or retailer trades and the Agency within one week of the refusal or revocation of the membership.
Reporting and information to be provided by retailers to approved body
24. (1) On a day in each month to be prescribed by the approved body of which a retailer is a member in accordance with Regulation 21 the retailer shall provide that approved body with the information set out in Part 2 of the Third Schedule.
(2) It shall be the responsibility of each retailer to retain, for a period of 7 years after the end of a reporting period prescribed by an approved body with whom the retailer is registered, such records as are necessary to verify the accuracy of the information compiled in accordance with paragraph (1).
PART IV
RETAILER OBLIGATIONS
Prohibition on Retailers from distributing tyres supplied by Producers who are not in possession of a valid Certificate of Registration
25. Each retailer shall be prohibited from distributing tyres placed on the market in the State by a producer or, as appropriate, supplied to him or her by any person who supplies tyres placed on the market in the State by a producer who is not in possession of a valid Certificate of Registration in accordance with the provisions of Regulation 9 and, as appropriate, does not display the registration number issued to said producer in accordance with the provisions of Regulation 15 on any invoice, credit note, dispatch or delivery document in respect of tyres supplied to the retailer concerned.
Obligation on Retailers to display information
26. A retailer shall—
(a) display in a manner that is visible to all customers the certificate of membership of an approved body issued in accordance with Regulation 20, and
(b) fix and maintain in a conspicuous position a notice complying with the requirements specified in the Fourth Schedule.
Obligation on Retailers to ensure collection of certain waste tyres
27. A retailer of a tyre for which the environmental management cost in the Eighth Schedule is not applicable or has been set a €0.00 shall ensure that waste tyres in this category are collected by an authorised waste collector registered with an approved body in accordance with Regulation 30.
Obligation on Retailers to charge an Environmental Management Cost and to forward the cost charged to an Approved Body
28. A retailer who sells a new tyre for which an environmental management cost has not been imposed by a producer in accordance with Regulation 42 shall charge that environmental management cost and pay such cost to the approved body of which it is a member to cover the cost of the environmentally sound management of such tyres.
Management of waste tyres by Retailers
29. (1) On and from the commencement date of these regulations, each retailer—
(a) shall ensure that a waste tyre, within a category for which an environmental management cost has been set in accordance with the Eighth Schedule, can be returned to him or her on a one-to-one basis as long as the tyre is of equivalent type or has fulfilled the same function as the replacement tyre supplied to a customer,
(b) who retains waste tyres following the supply of replacement tyres shall be prohibited from supplying such waste tyres to any person or persons other than an authorised waste collector who is registered with the approved body in accordance with Regulation 30,
(c) who, in the course of the supply of replacement tyres, within a category for which an environmental management cost has been set in accordance with the Eighth Schedule, has a customer who chooses to retain waste tyres shall:
(i) provide each customer concerned with details of each authorised waste collector or recovery operator, in the functional area of the local authority where the retailer’s premises are situated,
(ii) advise each customer concerned that the tyres they have retained must be treated in an environmentally sound manner,
(iii) advise each customer concerned that the tyres they have retained may be returned free of charge to him or her and
(iv) indicate on the customer’s receipt the number of waste tyres which have been retained by the customer.
(2) Notwithstanding subparagraphs (1)(b) and (1)(c), on and from the commencement date of these regulations any person retaining waste tyres following the supply of replacement tyres shall be prohibited from supplying waste tyres to any person or persons other than—
(a) an authorised waste collector or recovery operator who is acting on behalf of an approved body established in accordance with Regulations 30 and 34,
(b) a local authority providing a service for the collection and environmentally sound management of waste tyres or, as appropriate,
(c) a retailer from whom the replacement tyre was supplied in accordance with subparagraph (1)(c).
PART V
WASTE COLLECTOR OBLIGATIONS
Application for registration with an approved body by authorised waste collectors
30. (1) An authorised waste collector who intends to collect waste tyres shall in respect of his or her place of business register with an approved body within one month of the introduction of these regulations or within one month of the commencement of business, whichever is the later.
(2) An application or registration under paragraph (1) shall be accompanied by a fee as may be determined by an approved body with which the authorised waste collector registers in accordance with paragraph (1).
(3) An application for registration in accordance with the provisions of paragraph (1) shall be made in such form as may be prescribed by the approved body and shall contain at least the information set out in Part 1 of the Fifth Schedule.
Registration and certification of waste collectors
31. An authorised waste collector who makes an application under Regulation 30 to an approved body shall be registered by that approved body provided that the requirements of their waste collection permit and these regulations are complied with.
Information to be provided to an approved body by authorised waste collectors
32. (1) At the request of an approved body with whom an authorised waste collector is registered in accordance with Regulation 30 the authorised waste collector shall provide that approved body with the information set out in Part 2 of the Fifth Schedule.
(2) It shall be the responsibility of each authorised waste collector to retain, for a period of 7 years after the end of a reporting period prescribed by an approved body with whom the authorised waste collector is registered, such records as are necessary to verify the accuracy of the information compiled in accordance with paragraph (1).
Management of waste tyres by authorised waste collectors
33. (1) An authorised waste collector shall ensure that any waste tyre which they collect and dispose of is managed in an environmentally sound manner.
(2) On and from the commencement date of these Regulations, or the date of commencement of business, whichever is the later, an authorised waste collector, shall be prohibited from supplying waste tyres to any person or persons other than—
(a) an authorised waste collector who is registered with an approved body established in accordance with Regulation 30
(b) a farmer on request from an approved body
(c) a local authority providing a service for the collection or, as appropriate, environmentally sound management of waste tyres, or
(d) an authorised recovery operator who is registered with an approved body.
PART VI
RECOVERY OPERATOR OBLIGATIONS
Application for registration with an approved body by recovery operators
34. (1) A recovery operator who intends to recover, including reuse, waste tyres shall in respect of his or her place of business and as appropriate, each premises which he or she uses for the storage of waste tyres, register with an approved body within one month of the introduction of these Regulations or within one month of the commencement of business, whichever is the later.
(2) An application or registration under paragraph (1) shall be accompanied by a fee as may be determined by the approved body with which the recovery operator registers in accordance with paragraph (1).
(3) An application for registration in accordance with the provisions of paragraph (1) shall be made in such form as may be prescribed by the approved body and shall contain at least the information set out in Part 1 of the Sixth Schedule.
Registration and certification of recovery operators
35. A recovery operator who makes an application under Regulation 34 to an approved body shall be registered by that approved body provided that the requirements of their waste permit and these regulations are complied with.
Information to be provided to an approved body by a recovery operator
36. (1) At the request of an approved body with whom a recovery operator is registered in accordance with Regulation 35 the recovery operator shall provide that approved body with the information set out in Part 2 of the Sixth Schedule.
(2) It shall be the responsibility of each recovery operator to retain, for a period of 7 years after the end of a reporting period prescribed by an approved body with whom the authorised waste collector is registered, such records as are necessary to verify the accuracy of the information compiled in accordance with paragraph (1).
Obligation on Recovery Operators to provide a Certificate of Recovery
37. On and from the commencement date of these Regulations, or the date of commencement of business, whichever is the later, a recovery operator shall provide a Certificate of Recovery to any person depositing waste tyres at his or her premises.
PART VII
FARMER OBLIGATIONS
Prohibition on the storage of waste tyres by farmers
38. (1) On and from the commencement date of these Regulations, a farmer shall be prohibited from storing waste tyres, other than the temporary storage of waste tyres provided that such waste tyres are incidental to the business activities of the farmer concerned and are commensurate in quantity and type with the tyres in possession of the farmer on any mechanically propelled vehicle or vehicles, trailer or machinery.
(2) Notwithstanding paragraph (1), a farmer who is the owner or person in charge of a herd or a flock to which a herd or a flock number is for the time being allocated by an officer of the Minister for Agriculture, Food and the Marine may, subject to the provisions of Regulation 1, store and use waste tyres for the purposes of anchoring silage covering.
(3) Notwithstanding paragraph (2), any farmer who uses or intends to store and use waste tyres for the purposes of anchoring silage covering shall register with an approved body in accordance with the provisions of Regulation 39.
Application for registration of farmers
39. (1) An application for registration under Regulation 38 shall be made in writing or electronically in such form as may be specified by the approved body and shall contain at least the information set out in the Seventh Schedule.
(2) An application for registration under paragraph (1) shall be accompanied by a fee as may be determined by the approved body.
(3) A farmer shall notify the approved body with which they have registered in accordance with Regulation 38 of any changes to the information provided in an application for registration.
Management of waste tyres by farmers
40. On and from the commencement of these Regulations a farmer:
(a) who is the owner or person in charge of a herd or a flock to which a herd or a flock number is for the time being allocated by an officer of the Minister for Agriculture, Food and the Marine and who is registered with an approved body in accordance with this Part, may store waste tyres in categories 1 to 5 of the First Schedule for the purpose of anchoring silage covering subject to a maximum of 8 tyres per square metre of any silage pit’s floor area or, as appropriate,
(b) shall advise the approved body with which he or she is registered in accordance with Regulation 39 in a form as may be specified by that approved body of any movement of waste tyres onto or off his or her farm,
(c) shall be prohibited from receiving tyres from any person other than an authorised waste collector who is registered with the approved body with whom he or she has registered,
(d) shall be prohibited from supplying waste tyres to any person other than:
(i) an authorised waste collector who is registered with the approved body with whom he or she is registered, or
(ii) a recovery operator who is registered with the approved body with whom he or she is registered, or
(iii) a local authority providing a service for the collection or, as appropriate, environmentally sound management of waste tyres.
Management of historic waste tyres by farmers
41. (1) Regulations 38 to 40 inclusive, shall not apply in respect of any farmer who is the owner or person in charge of a herd or, as appropriate, a flock to which a herd number or, as appropriate, a flock number is for the time being allocated by an officer of the Minister for Agriculture, Food and the Marine until the first movement of waste tyres onto or from the premises of the farmer concerned following commencement of these Regulations.
(2) Notwithstanding paragraph (1), the farmer concerned shall ensure the environmentally sound management of waste tyres on his or her premises.
PART VIII
ENVIRONMENTAL MANAGEMENT COST
Financing the cost of managing tyres in an environmentally sound manner
42. (1) On and from the commencement of these Regulations, producers shall impose an environmental management cost for all tyres placed by them on the market in the State.
(2) Where a cost under paragraph (1) is imposed that cost shall be itemised as a separate line item on any invoice, receipt, credit note, dispatch and delivery docket containing the retail price of a tyre issued to his or her customer.
(3) Any retailer who supplies tyres supplied by a producer who displays environmental management costs shall ensure that such costs are indicated to his or her customer visibly and legibly in writing.
(4) Without prejudice to paragraph (3), where an environmental management cost in accordance with the provisions of paragraph (2), is displayed—
(a) in a retailer’s premises, he or she shall show the retail price of that specific tyre and separately the cost imposed in accordance with paragraph (1) and shall include the following wording — “Included in this price is a statutory contribution to recycling costs”,
(b) on a website or other electronic means of communication used by a producer or retailer, he or she shall, at each point where the retail price is quoted or, as appropriate, the ordering and financial transaction confirming the purchase of such a tyre is undertaken, show the retail price of that specific tyre and separately the cost imposed in accordance with paragraph (1) and shall include the following wording —“Included in this price is a statutory contribution to recycling costs”,
(c) in a producer’s or retailer’s catalogues, brochures or, as appropriate, direct mail communications, where a retail price is quoted, he or she shall include the following wording in letters not less than 2mm high — “Included in these prices is a statutory contribution to recycling costs”, or
(d) in any advertisement containing the retail price of a tyre, the producer or retailer concerned shall include the following wording in letters not less than 2mm high — “Included in these prices is a statutory contribution to recycling costs”,
Amount of Environmental Management Cost
43. (1) The environmental management cost established in accordance with Regulation 42 shall be determined by tyre category as set out in the Eighth Schedule of these Regulations.
(2) The Minister may amend the costs in the Eighth Schedule where it appears to him/her that the cost is insufficient to cover or is exceeding the cost of managing tyres in an environmentally sound manner.
PART IX
ENFORCEMENT
Functions of Local Authorities
44. Each local authority shall be responsible for the enforcement of the provisions of Parts III to VIII of these Regulations within their functional areas and shall appoint authorised persons to take such steps as are necessary for this purpose.
Functions of the Environmental Protection Agency
45. The Environmental Protection Agency shall be responsible for the enforcement of Part II of these Regulations and shall appoint authorised persons to take such steps as are necessary for this purpose.
PART X
MISCELLANEOUS
Offences
46. (1) Any person, who contravenes or fails to comply with a provision or provisions of Regulations 9, 10, 11, 12, 14, 19, 21, 22, 24, 25 26, 27, 28, 29, 30, 32, 33, 34, 36, 37, 38, 39, 40, 41 or 42, shall be guilty of an offence.
(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Prosecutions and Penalties
47. A prosecution for an offence determined in accordance with Regulation 46 will be subject to the penalties in section 10 of the Act and prosecuted in accordance with section 11, 12 and 13 of the Act.
Non-application of section 39(1) of the Act
48. (1) On and from the commencement of these Regulations, section 39(1) of the Act shall not apply in respect of the temporary storage of waste tyres at a place where tyres are supplied and where the quantities of waste tyres being stored at any one time does not exceed 180 cubic metres of waste tyres, provided they were replaced on a one-for-one basis by tyres of equivalent type or which fulfilled the same functions as the replacement tyres supplied to the customer, and that such a place is registered with an approved body.
(2) Notwithstanding paragraph (1), the supplier concerned shall ensure the environmentally sound management of waste tyres.
Revocation
49. (1) The Waste Management (Tyres and Waste Tyres) Regulations 2007 are revoked on the commencement of these Regulations.
(2) The revocation of Waste Management (Tyres and Waste Tyres) Regulations 2007 does not affect liability under Waste Management (Tyres and Waste Tyres) Regulations 2007 ( S.I. No. 664 of 2007 ) for any offences committed before the date of commencement of these Regulations.
FIRST SCHEDULE
CATEGORIES OF TYRES
1. Pneumatic tyres of rubber, of a kind used on motor cars (including station wagons and racing cars) other than tyres placed on the market as tyres in category 6.
2. Pneumatic tyres of rubber, of a kind used on buses or lorries other than tyres placed on the market as tyres in category 6.
3. Pneumatic tyres of rubber, of a kind used on motorcycles other than tyres placed on the market as tyres in category 6.
4. Pneumatic tyres of rubber, having a herring-bone or similar tread other than tyres placed on the market as tyres in category 6.
5. Other pneumatic tyres of rubber, (Nes) other than tyres placed on the market as tyres in category 6.
6. Retreaded or used pneumatic tyres of rubber; solid or cushion tyres.
7. Tyres other than in categories 1 to 6.
SECOND SCHEDULE
INFORMATION TO BE COMPILED AND PROVIDED BY PRODUCERS WHEN COMPLYING WITH THE PROVISIONS OF PARTS II AND III OF THESE REGULATIONS
PART 1
Information to be provided for the purpose of registration with a registration body
1. Name, address, eircode, telephone number and electronic mail address of the registered office of the producer where that producer is a company registered under the Companies Acts, or the principal place of business of the producer where that producer is any other body corporate or unincorporated body.
2. Name, address, eircode, telephone number, electronic mail address and location(s) of premises at or from which tyres are or will be placed on the market by the producer.
3. Name, telephone number and electronic mail address for the individual or individuals within the producer’s organisation responsible for reporting the weights or as appropriate the number of tyres placed on the market to the registration body.
4. Companies Registration Office Number.
5. Information in relation to the approved body of which the producer is a member.
6. Selling technique used.
7. The quantities by weight or, as appropriate, by number of units of tyres that were placed on the market in the calendar year prior to the date of first application in each of the categories specified in the First Schedule.
8. Indication if producer is willing to have information supplied to the registration body shared with an approved body.
9. Declaration stating that the information provided is true.
PART 2
Information to be submitted for reporting to registration body
1. National identification code of the producer.
2. Reporting period.
3. The quantities by weight or, as appropriate, by number of units of tyres placed on the market for the first time in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has been charged.
4. The quantities by weight or, as appropriate, by number of units of tyres placed on the market for the first time in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has not been charged.
5. The quantities by weight or, as appropriate, by number of units of tyres supplied by the producer to a retailer in each of the categories specified in the First Schedule during the reporting period.
6. Declaration stating that the information provided is true.
PART 3
Information to be provided when applying for membership of an approved body
1. Name, address, eircode, telephone number and electronic mail address of the registered office of the producer where that producer is a company registered under the Companies Acts, or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.
2. Location(s) of premises at or from which tyres are or will be supplied by the producer.
3. Declaration stating that the information provided is true.
THIRD SCHEDULE
INFORMATION TO BE PROVIDED BY RETAILERS FOR THE PURPOSE OF APPLICATION AND REPORTING WHEN COMPLYING WITH THE PROVISIONS OF PART III OF THESE REGULATIONS
PART 1
Information to be provided for the purpose of application to an approved body
1. Name, address, eircode, telephone number and electronic mail address of the registered office of the retailer where that retailer is a company registered under the Companies Acts, or, the principal place of business of the retailer where that retailer is any other body corporate or unincorporated body.
2. Companies Registration Office number.
3. Location(s) of premises at or from which tyres are or will be supplied by the retailer.
4. The quantities by weight or, as appropriate, by number of units of tyres that were supplied in the calendar year prior to the date of application in each of the categories specified in the First Schedule.
5. The quantities by weight or, as appropriate, by number of units of tyres and waste tyres which are on the retailer’s premises on application for membership to the approved body in each of the categories specified in the First Schedule.
6. Declaration stating that the information provided is true.
PART 2
Information to be provided for the purposes of reporting to an approved body
1. National identification code of the retailer.
2. Reporting period.
3. The quantities by weight or, as appropriate, by number of units of tyres sold in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has been paid.
4. The quantities by weight or, as appropriate, by number of units of tyres sold in each of the categories specified in the First Schedule for which an environmental management charge as prescribed in Regulations 42 and 43 has not been paid.
5. The quantities by weight or, as appropriate, by number of units of tyres received from a producer in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has been paid.
6. The quantities by weight or, as appropriate, by number of units of tyres received from a producer in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has not been paid.
7. The quantities by weight or, as appropriate, by number of units of tyres received from a retailer in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has been paid.
8. The quantities by weight or, as appropriate, by number of units of tyres received from a retailer in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has been not paid.
9. The quantities by weight or, as appropriate, by number of units of waste tyres put forward for collection by an authorised waste collector in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has been paid.
10. The quantities by weight or, as appropriate, by number of waste units of tyres put forward for collection by an authorised waste collector in each of the categories specified in the First Schedule for which an environmental management cost as prescribed in Regulations 42 and 43 has not been paid.
11. The names, addresses and permit numbers of authorised waste collectors or, as appropriate, recovery operators used for the collection or treatment of waste tyres during the reporting period.
12. Declaration stating that the information provided is true.
FOURTH SCHEDULE
REQUIREMENTS REGARDING A NOTICE IN ACCORDANCE WITH THE PROVISIONS OF REGULATION 26
A notice for the purpose of regulation [*] shall—
(a) not be obscured or concealed at any time, and
(b) bear the following wording—
“TAKE BACK OF WASTE TYRES
WASTE MANAGEMENT ACT 1996
Waste tyres are taken back in this garage on a one-for-one, like-for-like basis.
All waste tyres are collected by an authorised waste collector and treated in an environmentally sound manner”.
FIFTH SCHEDULE
INFORMATION TO BE COMPILED AND PROVIDED BY AUTHORISED WASTE COLLECTORS WHEN COMPLYING WITH THE PROVISIONS OF PART V OF THESE REGULATIONS
PART 1
Information to be provided by authorised waste collectors for the purposes of registering with an approved body.
1. Name, address, eircode, telephone number and electronic mail address of the registered office of the authorised waste collector where that authorised waste collector is a company registered under the Companies Acts, or, the principal place of business of the authorised waste collector where that authorised waste collector is any other body corporate or unincorporated body.
2. Location(s) of premises at or from which tyres are or will be stored by the authorised waste collector.
3. Companies Registration Office number.
4. The quantities by weight or, as appropriate, by number of units of tyres that were collected in the calendar year prior to the date of application in each of the categories specified in the First Schedule.
5. The quantities by weight or, as appropriate, by number of units of tyres and waste tyres which are on the authorised waste collector’s premises on application for registration with the approved body in each of the categories specified in the First Schedule.
6. A copy or, as appropriate, copies of all valid permits issued in accordance with the provisions of regulations under section 34(1) or, as appropriate, 39(1) or (4) of the Act.
7. A copy or as appropriate, copies of all notices issued by a local authority in the calendar year prior to the date of application in accordance with the provisions of regulations under section 55 of the Act.
8. Declaration stating that the information provided is true.
PART 2
Information to be provided for the purposes of reporting to an approved body
1. National identification code of the authorised waste collector.
2. Reporting period.
3. The quantities by weight or, as appropriate, by number of units of waste tyres collected by the authorised waste collector in each of the categories specified in the First Schedule from each retailer’s premises.
4. The quantities by weight or, as appropriate, by number of units of waste tyres collected by the authorised waste collector in each of the categories specified in the First Schedule distributed to farmers in accordance with Regulation 32.
5. The quantities by weight or, as appropriate, by number of units of waste tyres collected by the authorised waste collector in each of the categories specified in the First Schedule and exported from the State as part worn tyres.
6. The quantities by weight or, as appropriate, by number of units of waste tyres collected by the authorised waste collector in each of the categories specified in the First Schedule and distributed to an authorised recovery operator.
7. The quantities by weight or, as appropriate, by number of units of waste tyres collected by the authorised waste collector in each of the categories specified in the First Schedule and distributed to an operator authorised to recycle tyres.
SIXTH SCHEDULE
INFORMATION TO BE COMPILED AND PROVIDED BY RECOVERY OPERATORS WHEN COMPLYING WITH THE PROVISIONS OF PART VI OF THESE REGULATIONS
PART 1
Information to be provided by recovery operators for the purposes of registering with an approved body
1. Name, address, eircode, telephone number and electronic mail address of the recovery operator where that recovery operator is a company registered under the Companies Acts, or, the principal place of business of the recovery operator where that recovery operator is any other body corporate or unincorporated body.
2. Location(s) of premises at or from which tyres are or will be stored and recovered by the recovery operator.
3. Companies Registration Office number.
4. The quantities by weight or, as appropriate, by number of units of tyres that were recovered in the calendar year prior to the date of application in each of the categories specified in the First Schedule.
5. The quantities by weight or, as appropriate, by number of units of tyres and waste tyres which are on the recovery operator’s premises on application for registration with the approved body in each of the categories specified in the First Schedule.
6. A copy or, as appropriate, copies of all valid permits issued in accordance with the provisions of regulations under 39(1) or (4) of the Act.
7. A copy, or as appropriate, copies of all notices issued by a local authority in the calendar year prior to the date of application in accordance with the provisions of regulations under section 55 of the Act.
8. Declaration stating that the information provided is true.
PART 2
Information to be provided for the purposes of reporting to an approved body in accordance with Regulation 36
1. National identification code of the authorised recovery operator.
2. Reporting period.
3. Records of all tyres that cross the weighbridge of that recovery operator during the reporting period.
4. Copies of recovery and recycling certificates issued to the collectors during the reporting period.
5. A copy of the Annual Environmental Return submitted by the authorised recovery operator to the National Waste Collection Permit Office.
6. Records of any shipping documents (TFS) for movements of waste tyres outside the State.
SEVENTH SCHEDULE
INFORMATION TO BE COMPILED AND PROVIDED BY FARMERS WHEN COMPLYING WITH THE PROVISIONS OF PART VII OF THESE REGULATIONS
Information to be provided by farmers for the purpose of registration
1. Name, address, eircode, telephone number and electronic mail address of the farmer.
2. Herd or, as appropriate, Flock Number.
3. Location(s) and eircode(s) of premises at which waste tyres are or will be stored by the farmer.
4. The total floor area in square metres of the silage pit or pits currently being utilised on the holding of the farmer concerned.
5. The maximum quantities by number of units of tyres that will be stored during the period of registration in categories 1 to 5 of the First Schedule.
6. The quantity by number of units of tyres in categories 1 to 5 of the First Schedule stored on the farm prior to registration.
EIGHTH SCHEDULE
ENVIRONMENTAL MANAGEMENT COST TO BE IMPOSED IN ACCORDANCE WITH PART VIII OF THESE REGULATIONS
Tyre category
Sub-category
CN Code
€
Category 1: Passenger Car/Van/4×4
<=13kgs
40111000
2.80
Category 2: Truck/Bus — Light Commercial
<=45kgs
40112010
6.702
Truck/Bus — Heavy Commercial
>45kgs
40112090
11. 002
Category 3: Motorcycle/Scooters
<=8kgs
40114020
40114080
1. 50
Agricultural
Implement
0-5kgs
0.00
6-20Kgs
0.00
20.1 — 40Kgs
0.00
41 — 70Kgs
0.00
71 — 110Kgs
0.00
111 — 150Kgs
0.00
151 — 200Kgs
0.00
200 — 400Kgs
0.00
Tractor
10 — 40 Kgs
Small Front Wheel 2WD Tractor
0.00
41 — 110Khs
24 — 26 — 28 — 30 Tractor Tyres
0.00
111 — 150Kgs
34 Tractor Tyres
0.00
151 — 250Kgs
38 Tractor Tyres
0.00
251 — 400Kgs
42 Tractor Tyres
0.00
400+Kgs
Construction
0 — 100Kgs
Earthmover 17.5 R25 Artic Dump Truck
0.00
100 — 300Kgs
Earthmover 23.5 R25 Artic Dump Truck
0.00
301 — 400Kgs
Earthmover 26.5 R25 Artic Dump Truck
0.00
401 — 500Kgs
Earthmover 29.5 R25 Artic Dump Truck
0.00
501 — 600Kgs
Earthmover 2400-R35
0.00
601 — 900Kgs
Earthmover 45-65-R45
0.00
901+Kgs
0.00
Industrial Solid
40122000
0 < 8’
0.00
8 <=12
0.00
15 — 16’
0.00
20
0.00
21 — 25
Industrial Pneumatic
40119300
0 < 8’
0.00
8 <=12
0.00
15 — 16’
0.00
20’
0.00
21 — 25
/images/ls
GIVEN under my Official Seal
14 September 2017.
DENIS NAUGHTEN,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations replace the Waste Management (Tyres and Waste Tyres) Regulations 2007 and impose obligations on persons who supply tyres to the Irish market, whether as retailers, importers or manufacturers and on persons who manage waste tyres. These Regulations are designed to maximise the reuse, recycling and recovery of waste tyres.
1 O.J. No. L256, 07.09.1978, p.1
2 Applicable from 1 January 2018.
S.I. No. 598/2017 –
Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 29th December, 2017.
I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 4 , 5 , 7 , 9 , 10 , 11 , 14 , 18 , 19 , 27 , 28 , 29 , 32 , 34 , 36 and 39 of the Waste Management Act 1996 as amended hereby make the following regulations:
1. These Regulations may be cited as the Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017.
2. The Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. 400 of 2017) are amended by—
(1) in regulation 10 by the substitution of the following for 10(6):
“An application for registration in accordance with paragraphs (1) and (2) shall be accompanied by a copy of a valid membership certificate granted in accordance with the provisions of Regulation 20(d).
(2) by substituting the following Eighth Schedule:
EIGHTH SCHEDULE
ENVIRONMENTAL MANAGEMENT COST TO BE IMPOSED IN ACCORDANCE WITH PART VIII OF THESE REGULATIONS
Tyre category
Sub-category
CN Code
€
Category 1: Passenger Car/Van/4×4
<=13kgs
40111000
2. 80
Category 2: Truck/Bus — Light Commercial
<=45kgs
40112010
0. 00
Truck/Bus — Heavy Commercial
>45kgs
40112090
0. 00
Category 3: Motorcycle/Scooters
<=8kgs
4011402040114080
1. 50
Agricultural
Implement
0-5kgs
0.00
6-20Kgs
0.00
20. 1 — 40Kgs
0.00
41 — 70Kgs
0.00
71 — 110Kgs
0.00
111 — 150Kgs
0.00
151 — 200Kgs
0.00
201 — 400Kgs
0.00
Tractor
10 — 40 Kgs
Small Front Wheel 2WD Tractor
0.00
41 — 110Kgs
24 — 26 — 28 — 30 Tractor Tyres
0.00
111 — 150Kgs
34 Tractor Tyres
0.00
151 — 250Kgs
38 Tractor Tyres
0.00
251 — 400Kgs
42 Tractor Tyres
0.00
400+Kgs
0.00
Construction
0 — 100Kgs
Earthmover 17.5 R25 Artic Dump Truck
0.00
100 — 300Kgs
Earthmover 23.5 R25 Artic Dump Truck
0.00
301 — 400Kgs
Earthmover 26.5 R25 Artic Dump Truck
0.00
401 — 500Kgs
Earthmover 29.5 R25 Artic Dump Truck
0.00
501 — 600Kgs
Earthmover 2400-R35
0.00
601 — 900Kgs
Earthmover 45-65-R45
0.00
901+Kgs
0.00
Industrial Solid
40122000
0 < 8
0.00
8 <=12
0.00
15 — 16
0.00
20
0.00
21 — 25
Industrial Pneumatic
40119300
0 < 8’
0.00
8 <=12
0.00
15 — 16
0.00
20’
0.00
21 — 25
/images/ls
GIVEN under my Official Seal,
19 December 2017.
DENIS NAUGHTEN,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These regulations amend the Waste Management (Tyres and Waste Tyres) Regulations 2017 in order to defer the introduction of a visible Environmental Management Cost for truck tyres.
S.I. No. 96/2018 –
Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018
I, Denis Naughten, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 4, 5, 7, 9, 10, 11, 14, 18, 19, 27, 28, 29, 32, 34, 36 and 39 of the Waste Management Act 1996 as amended hereby make the following regulations:
PART IPRELIMINARY AND GENERAL
Citation and commencement
1. (1) These Regulations may be cited as the Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018.
2. These Regulations shall come into force on 2 April 2018.
3. The Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. 400 of 2017) are amended by—
In regulation 2 by substituting the following definitions—
““place on the market” means the first sale or supply of a tyre for the purpose of trade or otherwise in the course of business in the State and includes:
(i) as part of a contract agreement,
(ii) in exchange for any consideration other than money,
(iii) as a prize, or
(iv) as a gift.”
““producer” means any natural or legal person who, irrespective of selling technique used-
(i) places tyres on the market in the State;
(ii) manufactures tyres for placement of said tyres on the market in the State;
(iii) imports tyres on a professional basis into the State;
(iv) manufactures original equipment which places tyres on the market in the State;
(v) imports vehicles which place tyres on the market in the State;
(vi) imports for the purpose of retreading or remoulding tyres for placement of said tyres on the market in the State;
(vii) places tyres on the market in the State on behalf of a producer who is not registered within the meaning of Regulation 9;”
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GIVEN under my Official Seal,
26 March 2018.
DENIS NAUGHTEN,
Minister for Communications, Climate Action andEnvironment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations amend the Waste Management (Tyres and Waste Tyres) Regulations 2017 in order to broaden the definition of a producer for the purposes of these Regulations and to bring tyres transacted as part of a contract for rubber into their remit.
S.I. No. 599/2021 –
Separate Collection (Deposit Return Scheme) Regulations 2021
I, EAMON RYAN, Minister for the Environment, Climate and Communications, having regard to section 4 of the European Communities Act 2007 (No. 18 of 2007), and in exercise of the powers conferred on me by section 29 (4)(f) of the Waste Management Act, 1996 (No. 10 of 1996), and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment 1 which imposes obligations on the State that relate, in whole, to matters to which the said section 29 (4)(f) relates, hereby make the following regulations:
PART I
Preliminary and General
Citation and commencement
1. (1) These Regulations may be cited as the Separate Collection (Deposit Return Scheme) Regulations 2021.
(2) These Regulations shall come into operation on 20th November 2021.
Interpretation
2. In these Regulations, save where the context otherwise requires –
“Act” means the Waste Management Act 1996 (No. 10 of 1996) and every other enactment which is to be read together with that Act;
“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“approved body” means any person, association or body corporate approved by the Minister to operate a deposit return scheme in accordance with Regulation 7;
“authorised person” means a person who is appointed in accordance with Section 5(1) of the Act;
“beverage” means a liquid intended for human consumption by drinking, it does not include milk or other dairy-based products;
“consumer” means a natural person who is acting for purposes unrelated to the person’s business or profession and includes, in the context of a return of an in-scope bottle or in-scope container a person, whether or not the person bought the relevant in-scope product from a retailer;
“deposit return scheme” means a scheme under which the consumer at the point of sale pays an amount that is not part of the sales transaction, referred to in these Regulations as “the deposit”, for in-scope product within the scope of these Regulations, on condition that the deposit is refunded to the consumer when the empty in-scope bottle or in-scope container is returned to an approved return point;
“Directive” means Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment 2 ;
“green procurement” means procurement whereby goods, services, works and utilities that have a reduced impact on the environment throughout their life cycle are selected over alternative products or solutions;
“in-scope bottle” means a beverage bottle described in Regulation 3(1) without the beverage contained in it;
“in-scope container” means an aluminium or steel beverage container described in Regulation 3(2) without the beverage contained in it;
“in-scope product” means an in-scope beverage bottle or in-scope beverage container described in Regulation 3 together with its contents when sold;
“local authority” has the same meaning as it has in Section 5 (1) of the Act;
“Minister” means the Minister for the Environment, Climate and Communications;
“placed on the market” means the first sale or supply of an in-scope product for the purpose of trade or otherwise in the course of business in the State;
“producer” means any person, irrespective of the selling technique used, who is first to place in-scope products on the market in the State;
“retailer” means any person who for the purpose of trade or otherwise in the course of business sells or otherwise supplies in-scope products to a final consumer;
“return point” means a premises registered in accordance with Regulation 15 to take back in-scope bottles and in-scope containers.
Scope
3. These Regulations shall apply to –
(1) Beverage bottles which are manufactured from polyethylene terephthalate (PET bottles) with a capacity of up to 3 litres and their component parts which are used and sealed for the sale of a product contained in them, and for which a deposit under Regulation 17 has been paid.
(2) Beverage containers which are manufactured from aluminium or steel with a capacity of up to 3 litres and their component parts which are used and sealed, for the sale of a product contained in them, and for which a deposit under Regulation 17 has been paid.
(3) These Regulations shall not apply to –
(a) Plastic beverage bottles which are not manufactured from PET.
(b) Aluminium or steel containers which are not designed to contain a beverage.
PART II
ESTABLISHMENT OF A DEPOSIT RETURN SCHEME
4. (1) Producers shall establish a Deposit Return Scheme (hereafter “the scheme”) to operate in respect of in-scope bottles, in-scope containers and in-scope products.
(2) Producers may appoint a person to apply to the Minister in accordance with these Regulations to operate the scheme referred to in paragraph (1) on their behalf.
(3) (a) The costs of operating a scheme shall be recouped from –
(i) registration fees set by an approved body,
(ii) producer fees set by an approved body on the basis of quantity and material type placed on the market,
(iii) unredeemed deposits as provided for in these Regulations,
(iv) revenue derived from the sale of returned in-scope bottles and containers,
(v) any other income source created by an approved body.
(b) An approved body shall set any producer and registration fees to meet only its costs of operation and not for profit.
PART III
APPROVED BODY
Functions of an Approved Body
5. (1) An approved body shall –
(a) carry out all the functions for which they are approved effectively and in a financially sound manner,
(b) achieve separate collection rates for recycling of in-scope bottles in accordance with the Directive,
(c) achieve EU recycling targets for in-scope containers,
(d) audit the producers registered with it in accordance with these Regulations,
(e) audit the retailers registered with it in accordance with these Regulations,
(f) engage with approved waste collectors to ensure separate collection, appropriate processing and counting of in-scope bottles and in-scope containers,
(g) provide the Minister, the Agency and the relevant local authority with information relating to producers, retailers and return point operators registered with it in accordance with these Regulations,
(h) gather information from producers, retailers and return point operators in connection with their participation in the Deposit Return Scheme,
(i) provide the Minister, the Agency and a local authority with all reasonable information they may seek in order to verify compliance with these Regulations and relevant requirements of the Directive,
(j) advise the Minister of any developments in the area of waste management which in the opinion of the approved body could improve the effectiveness of the scheme including the potential future benefits of such a scheme for other materials and new waste collection methodologies,
(k) advise the Minister on the appropriate level of deposit and the type of deposit or both.
Application for approval
6. (1) An application to the Minister for approval of a person to operate a Deposit Return Scheme shall be made in writing and accompanied by the following,
(a) (i) where the applicant is a body corporate:
(I) a copy of the Articles of Association of the body corporate,
(II) the appropriate certificate issued by the Companies Registration Office,
(III) the names and addresses in the State of the officers of the body corporate or agent applying for approval and its board of directors,
(IV) the registered office and the address of the secretary, if different from the registered office,
(ii) where the applicant is not a body corporate, the names and addresses in the State of officers of the applicant,
(b) proposals relating to corporate governance of the applicant in line with any guidance from the Minister in relation to such governance,
(c) proposals for the composition of the board of the approved body,
(d) a business plan in relation to the proposed scheme,
(e) a financial plan in relation to the proposed scheme,
(f) proposals for a contingency reserve to cover all the costs, including the consequential expenses, associated with the winding up of an approved body which has its approval revoked, goes into liquidation, examination or receivership or bankruptcy, as appropriate or enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
(g) proposals for engagement with retailers,
(h) proposals for determining the minimum threshold scope for all materials to which these Regulations apply,
(i) proposals for the achievement of separate collection targets established in the Directive of in-scope bottles returned to retailers or return points,
(j) proposals on engagement with authorised waste collectors to ensure separate collection for in-scope bottles and in-scope containers returned to retailers or return points,
(k) proposals for achieving EU targets for recycling of in-scope containers,
(l) proposals on engagement with recovery operators for achieving food quality recyclate of separately collected in-scope bottles and in-scope containers,
(m) proposals relating to co-operation with other approved bodies, authorised waste collectors and recovery operators,
(n) proposals in relation to Rules of Membership for producer members, retailer members and return point members of the approved body participating in the scheme together with details of relevant participation fees,
(o) proposals for reconciliation and audit of information supplied by producer members, retailer members and return point members of the approved body,
(p) proposals for obtaining information from local authorities who facilitate return points,
(q) proposals for obtaining information from producers, retailers and return point operators in connection with their participation in the Deposit Return Scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered,
(r) an undertaking to submit information, in such form and at such frequency as may be specified by a local authority or, as appropriate, the Agency in relation to activities carried out and information held by the approved body,
(s) proposals for the certification of membership of producers, retailers and return point operators for the purposes of Regulations 13, 14 and 15,
(t) proposals for the establishment of return points separate to retailers that will maximise the separate collection and recycling of in-scope bottles and in-scope containers,
(u) proposals for engagement with charitable, sporting and community groups to enable their participation in the scheme,
(v) proposals relating to green procurement,
(w) proposals relating to the awareness raising measures the approved body will take to inform purchasers of the location and operation of retailers and return points,
(x) proposals for the methods of collection, sorting, storage, transportation and management of returned material, including proposals for engagement with relevant contractors, service providers and authorised waste collectors,
(y) proposals detailing the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister, as appropriate, to enable the monitoring of the achievement or not of the targets, and
(z) proposals detailing the methods of repayment that may be used by a retailer or other return point in returning the deposit to a consumer.
Grant or refusal of approval
7. (1) An approval granted by the Minister to a person to operate a scheme shall oblige an approved body to implement the proposals agreed as part of the application process.
(2) Subject to Regulations 8 and 10, an approval granted by the Minister under this Regulation shall be for a period of not more than 10 years.
(3) An approval granted under paragraph 1 shall be reviewed by the Minister by the end of the second quarter of the third year after the grant of approval and by the end of the second quarter of each third year following.
(4) An approval in accordance with the provisions of paragraph 1 shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to –
(a) the articles of association of the body corporate,
(b) the appropriate certificate issued by the Companies Registration Office,
(c) corporate governance,
(d) the representation of micro, small and medium enterprises on the board of the approved body and the composition of the board of directors,
(e) the business plan,
(f) a contingency reserve,
(g) co-operation with other approved bodies and individual producers,
(h) any aspects of the scheme to be undertaken by the approved body for the environmentally sound management of in-scope containers and in-scope bottles,
(i) the achievement of the collection rates and targets as referred to in Regulation 5,
(j) the determination and verification of the effects of measures to be undertaken with regard to the environmentally sound management of in-scope containers and in-scope bottles,
(k) the rules of membership of the body corporate and the membership fee structure,
(l) non-discrimination against any producer on the grounds of the quantity or, as appropriate, type of in-scope products that he or she places on the market in the State,
(m) the certification of producers for the purpose of Regulation 13,
(n) green procurement,
(o) measures to be undertaken by the body concerned relating to the dissemination of information to the public regarding the Deposit Return Scheme,
(p) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister,
(q) any other matters the Minister may consider appropriate.
(5) The Minister may, by notice in writing, from time to time attach a new condition or, as the case may be, vary any existing condition attached to an approval under this Regulation.
(6) Without prejudice to paragraph 4(f), in the event that an approved body:
(a) has its approval revoked in accordance with the provisions of Regulation 10,
(b) goes into liquidation, examination or receivership, as appropriate,
(c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,
the contingency reserve provided for in Regulation 6, shall not be used by any person or persons, including the liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer, supplier or, as appropriate, authorised waste collector concerned as laid down in these Regulations.
Review of approval
8. (1) Subject to paragraph (2), where it appears to the Minister that,
(a) new targets are set for the separate collection of in-scope bottles or in-scope containers,
(b) it is necessary to ensure equitable distribution of producer or retailer responsibility obligations, or
(c) a review of an approval granted in accordance with the provisions of Regulation 7 is required because the Minister is of the opinion that there is a risk of a failure to comply with the approval, the Minister may seek submissions and proposals from the approved body to meet the new circumstances.
(2) Where the Minister proposes, separate to a review under Regulation 7(3), to review an approval granted in accordance with the provisions of Regulation 7 the Minister shall:
(a) give notice in writing to the approved body of the proposal and the reasons therefore,
(b) specify a period of not less than 3 months within which the approved body may make a submission to the Minister in relation to a review or make new proposals as the case may be, and
(c) consider any submissions, or proposals so made.
(3) Following the consideration of any submissions or proposals made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.
(4) The issue of a revised approval by the Minister on the basis of new proposals made by the approved body shall oblige the approved body to implement the new proposals upon which the Minister has confirmed the approval.
Expiry of approval
9. Where an approval granted in accordance with the provisions of Regulation 7 or a revised approval granted in accordance with Regulation 8 is due to expire, the approved body concerned shall:
(a) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body, or
(b) not later than 12 months before the expiry of the approval, if intending to continue to operate a Deposit Return Scheme, make an application to the Minister under Regulation 6.
Revocation of approval
10. (1) Subject to paragraph 2, where it appears to the Minister that an approved body is not,
(a) complying with the terms of the approval,
(b) complying with conditions attached to such approval, or
(c) meeting the relevant targets for separate collection or recycling,
the Minister may revoke an approval under Regulation 7 or revised approval under Regulation 8.
(2) (a) Where the Minister proposes to revoke an approval or a revised approval, the Minister shall:
(i) give notice in writing to the approved body of the proposed decision and the reasons therefor,
(ii) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and
(iii) consider any submission so made.
(b) Following his or her consideration of a submission made by the approved body, the Minister may decide –
(i) to seek proposals from the approved body for the purpose of issuing a revised approval in accordance with Regulation 8, or
(ii) revoke the approval or revised approval.
Use of logo adopted by an approved body
11. No person shall, other than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body.
Information to the Agency
12. The Minister may oblige an approved body to provide the Agency or a relevant local authority with any data necessary in relation to activities carried out by producers, retailers or return points registered with that body, to enable the Agency or local authority to fulfil its obligations under these Regulations or the Directive.
Part IV
OBLIGATIONS OF PRODUCERS
13. (1) A producer shall not place in-scope products on the market unless he or she is a member of an approved body.
(2) A producer will pay the deposit to an approved body for the in-scope products they place on the market at the point when they place them on the market.
(3) A producer shall charge a deposit on all in-scope products he or she places on the market in the State and provide the consumer with proof of payment of the deposit.
(4) A producer shall –
(a) register with an approved body,
(b) provide details to the approved body with whom they have registered of all in-scope products they place on the market,
(c) pay any registration and producer fee as required by the approved body,
(d) furnish information in connection with their participation in the Deposit Return Scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered,
(e) label an in-scope product as prescribed by an approved body.
PART V
OBLIGATIONS OF RETAILERS
14. (1) Where a deposit under these Regulations is applicable, a retailer shall charge the deposit on the in-scope product to the customer and provide the consumer with proof of payment of the deposit.
(2) A retailer shall –
(a) register with an approved body,
(b) display in a manner that is visible to all customers the certificate of registration with the approved body,
(c) ensure that the payment of the deposit is itemised on the proof of payment in the manner agreed with the approved body,
(d) furnish information, in such form and at such frequency as specified by the approved body,
(e) ensure that the facility for taking back in-scope bottles or in-scope containers or both on their premises is visible and easily accessible to persons who may wish to return in-scope bottles or in-scope containers,
(f) take back every in-scope bottle and in-scope container returned to it by a consumer in a manner agreed between the retailer and the approved body,
(g) provide storage for the in-scope bottles and in-scope containers or both taken back in a manner agreed with the approved body,
(h) display in a manner that is visible to all customers the location of the closest return point that has agreed to accept the return by customers of in-scope bottles and in-scope containers on behalf of the retailer where a take-back arrangement, other than that at paragraph (f), has been agreed with the approved body, and
(i) return to an approved body, in a manner agreed with said body, all returned in-scope bottles and in-scope containers.
(3) (a) A retailer shall immediately reimburse the value of the original deposit paid, in a manner prescribed by the approved body, to a consumer who presents an in-scope bottle or in-scope container for return, irrespective of where the in-scope product was purchased and the deposit first paid.
(b) A retailer shall not be required to take back –
(i) an in-scope bottle or in-scope container that is damaged,
(ii) an in-scope bottle or in-scope container that is not empty,
(iii) an in-scope bottle or in-scope container that does not have marking that indicates a deposit was payable on the purchase of the in-scope product to which it relates.
PART VI
OBLIGATIONS OF RETURN POINT OPERATORS
15. (1) A return point shall –
(a) register with a an approved body,
(b) display in a manner that is visible to all customers the certificate of registration with the approved body,
(c) furnish information, in such form and at such frequency as specified by the approved body,
(d) take back every in-scope bottle and in-scope container returned to it by a consumer in the manner agreed between the return point and the approved body,
(e) ensure that the facility for taking back in-scope bottles or in-scope containers is visible and easily accessible to persons who may wish to return in-scope bottles or in-scope containers,
(f) provide storage for the returned in-scope bottles and in-scope containers in a manner agreed with the approved body, and
(g) return to an approved body, in a manner agreed with said body, all returned in-scope bottles and in-scope containers.
(2) (a) A return point operator shall immediately reimburse the value of the original deposit paid, in a manner prescribed by the approved body, to a consumer who presents an in-scope bottle or in-scope container, irrespective of where the in-scope product was purchased.
(b) A return point shall not be required to take back –
(i) an in-scope bottle or in-scope container that is damaged,
(ii) an in-scope bottle or in-scope container that is not empty,
(iii) an in-scope bottle or in-scope container that does not have marking that indicates a deposit was payable on the purchase of the in-scope product to which it relates.
PART VII
EXEMPTIONS FROM PART V OBLIGATIONS
16. Where an in-scope product is purchased and consumed on the premises, the retailer shall be exempted from the obligation to charge a deposit under Regulation 14.
PART VIII
THE DEPOSIT
17. (1) The deposit shall be as set out in Schedule 1.
(2) The deposit shall be itemised as a separate line item on any invoice, receipt, credit note, dispatch and delivery docket containing the price of in-scope products.
(3) The Minister may set, and adjust, the deposit amount or amounts after consultation with an approved body, where it appears that –
(a) the cost is insufficient to incentivise consumers to return in-scope bottles and in-scope containers to the scheme, or
(b) the revenues returned to the approved body from the scheme are exceeding or are insufficient to cover operational costs.
(4) The refundable nature of the deposit shall be made clear to the consumer in all material promoting the scheme and all points of sale.
PART IX
ENFORCEMENT
18. (1) Each local authority shall be responsible for the enforcement of the provisions of these Regulations within their functional areas and shall appoint authorised persons to take such steps as are necessary for this purpose.
(2) An authorised person may exercise the powers conferred on such a person under section 14 of the Principal Act for the purposes of enforcing Regulations 13(1), 13(2), 13(3), 13(4)(a), 13(4)(b), 13(4)(c), 13(4)(e), 14(2)(b), 14(2)(e), 14(2)(f), 14(2)(g), 14(2)(h), 14(2)(i), 14(3)(a), 15(1)(b), 15(1)(d), 15(1)(e), 15(1)(f), 15(1)(g) and 15(2) of these Regulations and, accordingly, a reference in that Act includes a reference to these Regulations.
PART X
MISCELLANEOUS
19. Offences
(1) Any person who contravenes or fails to comply with a provision or provisions of Regulation 11, 13, 14 or 15 shall be guilty of an offence.
(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
20. Prosecutions and Penalties
A prosecution for an offence determined in accordance with Regulation 19 will be subject to the penalties in section 10 of the Act and prosecuted in accordance with section 11, 12 and 13 of the Act.
First Schedule
Deposit to be charged in accordance with Regulation 17 of these Regulations
Deposit for an item mentioned in column (2) of the Schedule at any reference number opposite is fixed at the amount mentioned in column (3) of that Schedule at that reference number
Reference Number
(1)
Item
(2)
Amount
(3)
1
In-scope bottles
0.00c
2
In-scope containers
0.00c
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GIVEN under my Official Seal,
17 November 2021.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations enable the establishment of a Deposit Return Scheme in Ireland. They are intended, in particular, to achieve the separate collection targets for PET plastic bottles contained in Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment and the recycling targets for aluminium established in Directive (EU) 2018/852 of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste, with a view to promoting the recovery and recycling of packaging waste.
In summary, they introduce the following:
• A requirement on producers of in-scope products to establish a Deposit Return Scheme or to appoint a body to operate it on their behalf.
• The Deposit Return Scheme will apply to beverage bottles manufactured from PET with a capacity of up to 3 litres and beverage containers manufactured from aluminium or steel with a capacity of up to 3 litres.
• An application and approval process for the appointment of an approved body to operate the scheme and the functions to be carried out by such an approved body.
• The obligations required of producers to comply with these Regulations.
• The obligations required of retailers and return points to comply with these Regulations.
• Provisions relating to the deposit to be paid.
Enforcement provisions and reporting requirements are also contained in the Regulations.
1 OJ No L155, 12.6.2019, p.1
2 OJ No. L155, 12.6.2019, p.1
S.I. No. 556/2008 –
Waste Management (Batteries and Accumulators) (Amendment) Regulations 2008
WASTE MANAGEMENT (BATTERIES AND ACCUMULATORS) (AMENDMENT) REGULATIONS 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 26th December, 2008.
I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by sections 7 and 28 of the Waste Management Acts 1996 to 2008 and section 3 of the European Communities Act 1972 (No. 27 of 1972), as amended by section 2 of theEuropean Communities Act 2007 (No. 18 of 2007), and for the purpose of giving effect to the provisions of European Parliament and Council Directive 2008/103/EC of 19 November 2008 amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placingbatteries and accumulators on the market 1 which amends European Parliament and Council Directive 2006/66/EC 2 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC 3 hereby makes the following Regulations:
1. These Regulations may be cited as the Waste Management (Batteries and Accumulators) (Amendment) Regulations 2008.
2. The purposes for which these Regulations are made is to give effect tothe provisions of European Parliament and Council Directive 2008/103/EC of 19 November 2008 amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placing batteries and accumulators on the market which amends European Parliament and Council Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC.
3. These Regulations shall come into effect on the day immediately following the day on which notice of their making is published in the Iris Oifigiúil.
4. The Waste Management (Batteries and Accumulators) Regulations 2008 ( S.I. No. 268 of 2008 ) are amended—
(a) in article 2, by substituting for sub-article (a) the following:
“(a) the purpose of giving effect to the provisions of European Parliament and Council Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as amended by European Parliament and Council Directive 2008/103/EC of 19 November 2008 amending Directive 2006/66/EC on batteries and accumulators and wastebatteries and accumulators as regards placing batteries and accumulators on the market (hereafter in these Regulations referred to as ‘the Directive’) and having regard to the environmental impact of transport, to take necessary measures to maximise the separate collection of wastebatteries and accumulators and to minimise the disposal of batteries and accumulators as mixed municipal waste in order to achieve a high level of recycling for all wastebatteries and accumulators,”,
(b) in article 5(a)(iii), by substituting for paragraph (B) the following:
“(B) whose size is such that the symbol shown in the Fifth Schedule would be smaller than 0.5 0.5 cm and whose packaging is not marked in accordance with theprovisions of articles 31(2) and 31(3), and”,
(c) in article 5, by substituting for sub-article (b) the following:
“(b) any person who places on the market or, as appropriate, distributes any battery or battery pack in contravention of this article shall be obliged to immediately withdraw such battery or battery pack from the market, and”,
and
(d) in article 5, by inserting the following after sub-article (b):
“(c) 26 September 2009, any person shall be prohibited from placing on the market or, as appropriate, distributors shall be prohibited from distributing any battery placed on the market on or from 26 September 2009 that does not display the capacity of the battery concerned in accordance with the provisions of article 31(6) unless exempted in accordance with the provisions of article 31(7).”.
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GIVEN under my Official Seal,
17 December 2008
JOHN GORMLEY,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations transpose European Parliament and Council Directive 2008/103/EC of 19 November 2008 amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placingbatteries and accumulators on the market which amends European Parliament and Council Directive 2006/66/EC on batteries and accumulators and wastebatteries and accumulators and repealing Directive 91/157/EEC.
1 O.J. No. L327, 5.12.2008, p 7.
2 O.J. No. L266, 26.9.2006, p.1 as amended by corrigendum (O.J. No. L311, 10.11.2006, p. 58).
3 O.J. No. L78, 26.3.1991, p. 38 as amended by Commission Directive 98/101/EC (O.J. No. L1, 5.1.1999, p. 1).
S.I. No. 108/2022 –
European Union (Market Surveillance) (Compliance with Certain Products) Regulations 2022
“Iris Oifigiúil” of 11th March, 2022.
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 20191 , in so far as it relates to products that are subject to the Union harmonised legislation referred to in Annex I thereto at reference numbers 9, 10, 13, 16, 17, 21, 33, 39, 59, 64 and 67, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Market Surveillance) (Compliance with Certain Products) Regulations 2022.
Application
2. These Regulations apply to products that are subject to the Union harmonised legislation listed in Annex I to the MSA Regulation at reference numbers 9, 10, 13, 16, 17, 21, 33, 39, 59, 64 and 67, being given effect to in the case of the Directive referred to at—
(a) reference number 9, by the European Union (Packaging) Regulations 2014 ( S.I. No. 282 of 2014 ),
(b) reference number 10, by the European Communities Act 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations (S. I. No. 155 of 2011),
(c) reference number 13, by the European Union (End-of-Life Vehicles) Regulations 2014 ( S.I. No. 281 of 2014 ),
(d) reference number 17, by the European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S. I. No. 564 of 2012),
(e) reference number 21, by the European Union (Batteries and Accumulators) Regulations 2014 ( S.I. No. 283 of 2014 ), and
(f) reference number 39, by the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ).
Interpretation
3. (1) In these Regulations —
“authorised officer” means a person appointed under Regulation 7;
“MSA” means the Environmental Protection Agency;
“MSA Regulation” means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 20191;
“product” means a product that is subject to the Union harmonised legislation to which these Regulations apply.
(2) A reference in these Regulations to an Article, unless otherwise indicated, is a reference to an Article of the MSA Regulation.
(3) A word or expression that is used in these Regulations and is also used in the MSA Regulation has, unless the contrary intention appears, the same meaning in these Regulations as it has in the MSA Regulation.
Designation of market surveillance authority
4. The Environmental Protection Agency is the market surveillance authority for the purposes of organising and carrying out market surveillance in the State as provided for in the MSA Regulation in respect of products that are subject to the Union harmonised legislation to which these Regulations apply.
Failure to cooperate with MSA
5. Where the MSA considers an economic operator is not complying with Article 7(1) or an information society service provider is not complying with Article 7(2), the MSA may apply to the High Court for an order directing compliance in accordance with the terms of the order. The court may make such order as it sees fit.
Contravention of MSA Regulation
6. (1) A person who places a product on the market in contravention of Article 4 commits an offence.
(2) An economic operator who fails to take corrective measures required under Article 16 commits an offence.
(3) A person who puts a product into circulation, which has been suspended under Article 26(1) from free circulation, in contravention of Article 26 commits an offence.
(4) A person who places on the market a product, which has been prohibited under Article 28 (1) or (2) from being placed on the market, in contravention of Article 28 commits an offence.
(5) A person who commits an offence under this Regulation is liable —
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
Authorised officers
7. (1) The MSA may appoint persons to be authorised officers for the purpose of ensuring compliance with the MSA Regulation in respect of the products that are subject to the Union harmonised legislation to which these Regulations apply.
(2) An authorised officer shall be furnished with a warrant of his or her appointment as an authorised officer and when exercising a power conferred on him or her under this Regulation, shall, if requested by a person thereby affected, produce the warrant of his or her appointment, or a copy of it, to that person and a form of personal identification.
(3) An authorised officer may, for the purpose of ensuring that MSA Regulation is being complied with in respect of products, do any of the following:
(a) enter at any reasonable time any premises or place, at which there are reasonable grounds to believe that any product or equipment relating thereto is or is likely to be found, and search and inspect the premises or place or product or equipment found there and any certificates, books, documents or records relating to such product or equipment or the placing of it on the market;
(b) secure for later inspection any premises or place or part of it or any product or equipment relating thereto or certificates, books, documents or records relating to such are kept or there are reasonable grounds for believing that such are contained or kept;
(c) require any person in charge of the premises or place or product or equipment relating thereto to produce to him or her any books, documents or records relating to such which are in the person’s power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as the authorised officer may reasonably require in relation to any entries in such books, documents or records;
(d) inspect and take extracts from or make copies of any such books, documents or records (including, in the case of information in a non-legible form, a copy of or extract from such information in a legible form);
(e) remove and retain such books, documents or records for such period as may be reasonable for further examination;
(f) require any person in charge of the premises or place to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs;
(g) require any person in charge of the premises or place or such product or equipment to give him or her any information which he or she may reasonably require relating to any product found there;
(h) take without payment of compensation any necessary samples of any such product or equipment;
(i) carry out or have carried out on the sample so taken such analyses, examinations, tests and inspections as he or she considers necessary or expedient;
(j) take photographic or video evidence of the product or equipment found there.
(4) Where an authorised officer in exercise of his or her powers under this Regulation is prevented from entering any premises or place, an application may be made under paragraph (6) for a warrant to authorise such entry.
(5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under paragraph (6) authorising such entry.
(6) If, on the sworn information of an authorised officer, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that information or any item required by an authorised officer for the purpose of the MSA Regulation is held at any premises or any place, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers and members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this Regulation.
(7) Where an authorised officer in the exercise of his or her powers under this Regulation finds any product to it to which these Regulations apply which is prohibited under Article 26 from being in free circulation, or is prohibited under Article 28 from being placed on the market, the officer may serve on the person in charge of the premises or place or the equipment where it is found a notice in writing addressed to the operator concerned prohibiting the circulation or the placing on the market, as the case may be, of the product or equipment relating to it and requiring its disposal as set out in the notice. If the product is not disposed of in accordance with the notice, an authorised officer may cause the product or equipment to be seized for disposal, the cost of which shall be borne by the operator.
(8) An operator who fails to comply with a notice under paragraph (7) commits an offence and is liable –
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
(9) A person who –
(a) without reasonable excuse, fails or refuses to comply with any request or requirement made by an authorised officer under this Regulation (other than under paragraph (7)),
(b) obstructs, impedes or interferes with an authorised officer in the exercise by that officer of a power under this Regulation,
(c) gives to an authorised officer information that is false or misleading in a material respect, or
(d) alters, suppresses or destroys –
(i) any certificate, book, document or record which the person concerned has been required to produce, or reasonably expected to be required to produce, or
(ii) any notice served under paragraph (7),
commits an offence and is liable on summary conviction to a class A fine.
Corrective measures
8. (1) The MSA may require an economic operator to take appropriate action to bring an instance of non-compliance with MSA Regulation in respect of a product to an end to eliminate the risk.
(2) Where the MSA considers that an economic operator is failing to take corrective action required by the MSA under paragraph (1) or where the non-compliance or the risk persists, the MSA may direct—
(a) the corrective action be taken in accordance with the direction,
(b) prohibit or restrict the making available of the product on the market, or
(c) order that the product be withdrawn.
(3) An economic operator who fails to comply with paragraph (2) commits an offence and is liable—
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
Elimination of serious risk
9. (1) Where the MSA considers there are no other effective means to eliminate a serious risk, it may—
(a) require the removal of content referring to the related products from an online interface or require the explicit display of a warning to end users when they access an online interface, or
(b) where a requirement according to paragraph (a) has not been complied with, require information society service providers to restrict access to the online interface, including by requesting a relevant third party to implement such measures.
(2) A person who fails to comply with paragraph (1) commits an offence and is liable—
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
Service
10. (1) Subject to paragraph (2), any notice, direction or requirement under these Regulations or the MSA Regulation shall be addressed to the person concerned by name and may be given –
(a) by delivering it to the person,
(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address,
(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, or
(d) by electronic communication, if the person concerned has agreed to service of it by such means, provided that there is a facility for confirming receipt of the electronic communication and that such receipt has been confirmed.
(2) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 (No. 38 of 2014) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(3) Where a notice, direction or requirement has been sent to a person in accordance with paragraph (1)(c), it is deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent.
Costs
11. The MSA may recover from the relevant economic operator the totality of the costs of its activities with respect to instances of non-compliance, including those referred to in Article 15(2).
Summary proceedings
12. Proceedings for an offence under these Regulations may be brought and prosecuted summarily by the MSA or the Minister for the Environment, Climate and Communications.
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GIVEN under my Official Seal,
28 February, 2022.
EAMON RYAN,
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products introduces strengthened market surveillance powers to provide for the free movement of relevant products within the EU. The relevant products are regulated in accordance with EU harmonised legislation specified in the annexes to Regulation (EU) 2019/1020.
These Regulations strengthen the role of the market surveillance authority (the Environmental Protection Authority) in respect of environmental legislation specified in Annex 1 (at reference numbers 9, 10, 13, 16, 17, 21, 33, 39, 59, 64 and 67) to Regulation (EU) 2019/1020.
1 OJ No. L 169, 25,6.2019, p. 1S.I. No. 261/2022 –
European Union (Market Surveillance and Compliance of Certain Products) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 20191 , in so far as it relates to products that are subject to the Union harmonised legislation referred to in Annex I thereto at reference numbers 9, 13, 16, 17, 21, 33, 39, 59, 64 and 67, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Market Surveillance and Compliance of Certain Products) Regulations 2022.
Application
2. These Regulations apply to products that are subject to the Union harmonised legislation listed in Annex I to the MSA Regulation at reference numbers 9, 13, 16, 17, 21, 33, 39, 59, 64 and 67, being given effect to in the case of the Directive referred to at—
(a) reference number 9, by the European Union (Packaging) Regulations 2014 ( S.I. No. 282 of 2014 ),
(b) reference number 13, by the European Union (End-of-Life Vehicles) Regulations 2014 ( S.I. No. 281 of 2014 ),
(c) reference number 17, by the European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 ( S. I. No. 564 of 2012 ),
(d) reference number 21, by the European Union (Batteries and Accumulators) Regulations 2014 ( S.I. No. 283 of 2014 ), and
(e) reference number 39, by the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ).
Interpretation
3. (1) In these Regulations —
“authorised officer” means a person appointed under Regulation 7;
“MSA” means a market surveillance authority designated as responsible for carrying out market surveillance;
“MSA Regulation” means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 20192 ;
“product” means a product that is subject to the Union harmonised legislation to which these Regulations apply.
(2) A reference in these Regulations to an Article, unless otherwise indicated, is a reference to an Article of the MSA Regulation.
(3) A word or expression that is used in these Regulations and is also used in the MSA Regulation has, unless the contrary intention appears, the same meaning in these Regulations as it has in the MSA Regulation.
Designation of market surveillance authority
4. The Environmental Protection Agency is the market surveillance authority for the purposes of organising and carrying out market surveillance in the State as provided for in the MSA Regulation in respect of products that are subject to the Union harmonised legislation to which these Regulations apply.
Failure to cooperate with MSA
5. Where the MSA considers an economic operator is not complying with Article 7(1) or an information society service provider is not complying with Article 7(2), the MSA may apply to the High Court for an order directing compliance in accordance with the terms of the order. The court may make such order as it sees fit.
Contravention of MSA Regulation
6. (1) A person who places a product on the market in contravention of Article 4 commits an offence.
(2) An economic operator who fails to take corrective measures required under Article 16 commits an offence.
(3) A person who puts a product into circulation, which has been suspended under Article 26(1) from free circulation, in contravention of Article 26 commits an offence.
(4) A person who places on the market a product, which has been prohibited under Article 28 (1) or (2) from being placed on the market, in contravention of Article 28 commits an offence.
(5) A person who commits an offence under this Regulation is liable —
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
Authorised officers
7. (1) The MSA may appoint persons to be authorised officers for the purpose of ensuring compliance with the MSA Regulation in respect of the products that are subject to the Union harmonised legislation to which these Regulations apply.
(2) An authorised officer shall be furnished with a warrant of his or her appointment as an authorised officer and when exercising a power conferred on him or her under this Regulation, shall, if requested by a person thereby affected, produce the warrant of his or her appointment, or a copy of it, to that person and a form of personal identification.
(3) An authorised officer may, for the purpose of ensuring that the MSA Regulation is being complied with in respect of products, do any of the following:
(a) enter at any reasonable time any premises or place, at which there are reasonable grounds to believe that any product or equipment relating there to is or is likely to be found, and search and inspect the premises or place or product or equipment found there and any certificates, books, documents or records relating to such product or equipment or the placing of it on the market;
(b) secure for later inspection any premises or place or part of it or any product or equipment relating thereto or certificates, books, documents or records relating to such are kept or there are reasonable grounds for believing that such are contained or kept;
(c) require any person in charge of the premises or place or product or equipment relating thereto to produce to him or her any books, documents or records relating to such which are in the person’s power or control (and in the case of such information in a non- legible form to reproduce it in a legible form) and to give to him or her such information as the authorised officer may reasonably require in relation to any entries in such books, documents or records;
(d) inspect and take extracts from or make copies of any such books, documents or records (including, in the case of information in a non-legible form, a copy of or extract from such information in a legible form);
(e) remove and retain such books, documents or records for such period as may be reasonable for further examination;
(f) require any person in charge of the premises or place to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs;
(g) require any person in charge of the premises or place or such product or equipment to give him or her any information which he or she may reasonably require relating to any product found there;
(h) take without payment of compensation any necessary samples of any such product or equipment;
(i) carry out or have carried out on the sample so taken such analyses, examinations, tests and inspections as he or she considers necessary or expedient;
(j) take photographic or video evidence of the product or equipment found there.
(4) Where an authorised officer in exercise of his or her powers under this Regulation is prevented from entering any premises or place, an application may be made under paragraph (6) for a warrant to authorise such entry.
(5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under paragraph (6) authorising such entry.
(6) If, on the sworn information of an authorised officer, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that information or any item required by an authorised officer for the purpose of the MSA Regulation is held at any premises or any place, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers and members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this Regulation.
(7) Where an authorised officer in the exercise of his or her powers under this Regulation finds any product to which these Regulations apply which is prohibited under Article 26 from being in free circulation, or is prohibited under Article 28 from being placed on the market, the officer may serve on the person in charge of the premises or place or the equipment where it is found a notice in writing addressed to the operator concerned prohibiting the circulation or the placing on the market, as the case may be, of the product or equipment relating to it and requiring its disposal as set out in the notice. If the product is not disposed of in accordance with the notice, an authorised officer may cause the product or equipment to be seized for disposal, the cost of which shall be borne by the operator.
(8) An operator who fails to comply with a notice under paragraph (7) commits an offence and is liable –
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
(9) A person who –
(a) without reasonable excuse, fails or refuses to comply with any request or requirement made by an authorised officer under this Regulation (other than under paragraph (7)),
(b) obstructs, impedes or interferes with an authorised officer in the exercise by that officer of a power under this Regulation,
(c) gives to an authorised officer information that is false or misleading in a material respect, or
(d) alters, suppresses or destroys –
(i) any certificate, book, document or record which the person concerned has been required to produce, or reasonably expected to be required to produce, or
(ii) any notice served under paragraph (7),
commits an offence and is liable on summary conviction to a class A fine.
Corrective measures
8. (1) The MSA may require an economic operator to take appropriate action to bring an instance of non-compliance with MSA Regulation in respect of a product to an end to eliminate the risk.
(2) Where the MSA considers that an economic operator is failing to take corrective action required by the MSA under paragraph (1) or where the non- compliance or the risk persists, the MSA may direct—
(a) the corrective action be taken in accordance with the direction,
(b) prohibit or restrict the making available of the product on the market, or
(c) order that the product be withdrawn.
(3) An economic operator who fails to comply with paragraph (2) commits an offence and is liable—
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
Elimination of serious risk
9. (1) Where the MSA considers there are no other effective means to eliminate a serious risk, it may—
(a) require the removal of content referring to the related products from an online interface or require the explicit display of a warning to end users when they access an online interface, or
(b) where a requirement according to paragraph (a) has not been complied with, require information society service providers to restrict access to the online interface, including by requesting a relevant third party to implement such measures.
(2) A person who fails to comply with paragraph (1) commits an offence and is liable—
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
Service
10. (1) Subject to paragraph (2), any notice, direction or requirement under these Regulations or the MSA Regulation shall be addressed to the person concerned by name and may be given –
(a) by delivering it to the person,
(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address,
(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, or
(d) by electronic communication, if the person concerned has agreed to service of it by such means, provided that there is a facility for confirming receipt of the electronic communication and that such receipt has been confirmed.
(2) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 (No. 38 of 2014) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(3) Where a notice, direction or requirement has been sent to a person in accordance with paragraph (1)(c), it is deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent.
Costs
11. The MSA may recover from the relevant economic operator the totality of the costs of its activities with respect to instances of non-compliance, including those referred to in Article 15(2).
Summary proceedings
12. Proceedings for an offence under these Regulations may be brought and prosecuted summarily by the MSA or the Minister for the Environment, Climate and Communications.
Revocation
13. The following regulation is revoked
European Union (Market Surveillance) (Compliance with Certain Products) Regulations 2022. ( S. I. No. 108 of 2022 )
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GIVEN under my Official Seal,
26 May 2022.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products introduces strengthened market surveillance powers to provide for the free movement of relevant products within the EU. The relevant products are regulated in accordance with EU harmonised legislation specified in the annexes to Regulation (EU) 2019/1020.
These Regulations strengthen the role of the market surveillance authority (the Environmental Protection Agency) in respect of environmental legislation specified in Annex 1 (at reference numbers 9, 13, 16, 17, 21, 33, 39, 59, 64 and 67) to Regulation (EU) 2019/1020.
1 OJ No. L 169, 25,6.2019, p. 1
2 OJ No. L 169, 25,6.2019, p. 1
S.I. No. 516/2021 –
European Union (Single Use Plastics) (No. 2) Regulations 2021
I, Eamon Ryan, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment 1 hereby make the following Regulations:
PART I
General Provisions
Citation
1. (1) These Regulations may be cited as the European Union (Single Use Plastics) (No. 2) Regulations 2021.
(2) The European Union (Single Use Plastics) Regulations 2021 (No. 326 of 2021) are hereby revoked.
Interpretation
2. (1) In these Regulations, unless the context otherwise requires –
“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“authorised person” means a person who is appointed an authorised person in accordance with section 5(1) of the Principal Act;
“Commission Guidelines” means Commission guidelines on single-use plastic products issued in accordance with Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (2021/C 216/01) developed by the European Commission pursuant to Article 12 of the Directive 2 ;
“Directive” means Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment3 ;
“Directive 2008/98/EC” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives 4 ;
“EU Regulation” means Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020 laying down rules on harmonised marking specifications on single-use plastic products listed in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment5 ;
“local authority” has the same meaning as it has in section 5(1) of the Principal Act;
“Part A products” means the products set out in Part A of the Annex to these Regulations and the items listed in Part A shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part B products” means the products set out in Part B of the Annex to these Regulations and the items listed in Part B shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part C products” means the products set out in Part C of the Annex to these Regulations and the items listed in Part C shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part D products” means the products set out in Part D of the Annex to these Regulations and the items listed in Part D shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part E products” means the products set out in Part E of the Annex to these Regulations and the items listed in Part E shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part F products” means the products set out in Part F of the Annex to these Regulations and the items listed in Part F shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part G products” means the products set out in Part G of the Annex to these Regulations and the items listed in Part G shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“person” shall be construed as including a producer;
“plastic” shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“plastic cap or lid” excludes metal caps or lids with plastic seals;
“Principal Act” means the Waste Management Act 1996 (No. 10 of 1996);
“Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011 – 2020 ( S.I. No. 126 of 2011 and S.I. No. 323 of 2020 )
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
Scope
3. These Regulations apply to single-use plastic products listed in the Annex, to products made from oxo-degradable plastic and to fishing gear containing plastic.
PART II
Amendment of the Principal Act
4. The Principal Act is amended by the insertion after section 10B of –
“10C. — (1) Where an authorised person has reasonable grounds for believing that a person has committed an offence under the European Union (Single Use Plastic) (No. 2) Regulations 2021 and the offence is to be prosecuted summarily the authorised person may give to the person a notice in writing (in this Act referred to as a “fixed payment notice”) in the prescribed form stating that —
(a) the person is alleged to have committed that offence,
(b) the person may, during the period of 21 days beginning on the date of the notice make to the local authority concerned or to the Agency, as appropriate, at the address specified in the notice a payment of € 2,000 in respect of that offence, accompanied by the notice,
(c) the person is not obliged to make the payment specified in the notice, and
(d) a prosecution of the person to whom the notice is given in respect of the offence will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.
(2) Where a fixed payment notice is given —
(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or to the Agency, as appropriate, at the address specified in the notice, the payment specified in the notice,
(b) the local authority concerned or the Agency, as appropriate, shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority concerned or the Agency, as appropriate, shall retain the money for disposal in accordance with subsection (4), and
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.
(3) In proceedings for an offence under the European Union (Single Use Plastic) (No. 2) Regulations 2021 it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.
(4) (a) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97of the Local Government Act 2001 and expended in accordance with that section.
(b) Moneys received by the Agency pursuant to the giving of a fixed payment notice shall be disposed of in a manner determined by the Agency with the prior consent of the Minister and the Minister for Public Expenditure and Reform.”
PART III
Prohibitions and rules for use
Prohibition on placing certain products on the market in the State
Part B and Part D products
5. No producer shall place on the market of the State–
(a) a product listed in Part B of the Annex to these Regulations,
(b) a product made in whole or in part of oxo-degradable plastic, or
(c) a product listed in Part D of the Annex that does not comply with the rules on harmonised marking specifications set out in the EU Regulation.
Part C products
6. (1) From 3 July 2024 no producer shall place on the market a product listed in Part C of the Annex that has a cap or lid unless the cap or lid is designed and manufactured so that the cap or lid remains attached to the container during the container’s intended use stage.
(2) A product listed in Part C of the Annex that has a cap or lid that meets harmonised standards, or parts thereof, published in the Official Journal of the European Union pursuant to the Directive shall be presumed to comply with paragraph (1).
Part F products
7. (1) (a) From 1 January 2025 no producer shall place on the market a beverage bottle listed in Part F of the Annex that is manufactured from polyethylene terephthalate (PET) as the major component unless the beverage bottle contains 25% of recycled plastic, calculated as an average for all PET bottles placed on the market in the State.
(b) From 1 January 2030 no producer shall place on the market a beverage bottle listed in Part F of the Annex unless the beverage bottle contains 30% recycled plastic calculated as an average for all such beverage bottles placed on the market in the State.
Extended producer responsibility schemes
8. (1) (a) Subject to paragraph (6) no producer of –
(i) the products listed in Part E, or
(ii) fishing gear containing plastic,
shall place such products on the market unless they are a body implementing an extended producer responsibility scheme, or are a member of an extended producer responsibility scheme, established in accordance with this Regulation.
(b) A producer of the products listed in Section 1 of Part E shall be deemed to have met the requirements of this Regulation if he or she is a member of an approved body pursuant to European Union (Packaging) Regulations 2014 (S.I. 282 of 2014) that fulfils all the obligations of an approved body under this Regulation.
(2) The implementation of an extended producer responsibility scheme by an approved body or membership of an approved body shall not provide any exemption from the provisions of these Regulations, unless specifically provided.
(3) An extended producer responsibility scheme established for the purposes of providing an effective system for the management of the waste stage of the life cycle of the single use plastic products listed in Part E of the Annex or for fishing gear containing plastic shall be deemed to be an extended producer responsibility scheme established in accordance with Regulation 30 of the Regulations of 2011.
(4) (a) An extended producer responsibility scheme established under paragraph (3) shall put in place awareness raising measures to inform customers and incentivise responsible consumer behaviour with the objective of reducing litter from products listed in the Annex and fishing gear containing plastic.
(b) Such awareness raising measures shall include, as regards products in Part G of the Annex and fishing gear containing plastic –
(i) the availability of re-useable alternatives, re-use systems and waste management options for those products
(ii) best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC;
(iii) the impact of littering and other inappropriate waste disposal of those products on the environment, including the marine environment; and
(iv) the impact of inappropriate means of waste disposal of those products on the sewer network.
(c) An extended producer responsibility scheme that is established before these Regulations come into effect in accordance with Regulation 30 of the Regulations of 2011 for the purposes of providing for the recovery of packaging and packaging waste of the single use plastic products listed at point 9 in Part G of the Annex shall, in so far as such measures are not already a responsibility of the scheme, in addition to its other obligations, put in place the awareness raising measures specified in paragraph (b) to inform customers and incentivise responsible consumer behaviour with the objective of reducing litter from those products.
(5) An extended producer responsibility scheme established under paragraph (3) shall meet the minimum requirements for such a scheme provided in Regulation 30A of the Regulations of 2011, and shall provide that the following costs shall be covered in addition to those required to be covered under Regulation 30A (4) –
(a) With respect to the products listed in Section I of Part E of the Annex –
(i) the cost of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation and the subsequent transport and treatment of that waste; and
(ii) the costs of cleaning up litter resulting from those products.
(b) With respect to the products listed in Section II and III of Part E of the Annex-
(i) the costs of clearing up litter resulting from those products and the subsequent transport and treatment of that waste; and
(ii) the costs of data gathering and reporting as set out in the approval.
(c) With respect to the products listed in Section III of Part E of the Annex–
(i) the cost of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation; and
(ii) the costs of the infrastructure may include the setting up of specific infrastructure for the waste collection of those products, including appropriate waste receptacles in common litter hotspots.
(d) With respect to fishing gear containing plastic-
(i) the costs of the separate collection of waste fishing gear containing plastic that has been delivered to adequate port facilitates in accordance with Directive (EU) 2019/9883 or to equivalent collection systems;
(ii) the costs of its subsequent transport and treatment; and
(iii) the cost of meeting the annual collection rate set by the Minister.
(6) (a) The costs of cleaning up litter resulting from the products listed in Part E, Section I of the Annex provided in this Regulation shall apply to those products from 5 January 2023.
(b) The provisions of this Regulation shall apply to fishing gear containing plastic from 31 December 2024.
(c) The provisions of this Regulation shall apply to the products listed in Part E, Section II of the Annex from 31 December 2024.
(d) The provisions of this Regulation shall apply to the products listed in Part E, Section III of the Annex from 5 January 2023.
9. (a) A producer which is established in the State that proposes to sell a product that is listed in Part E of the Annex or fishing gear in a Member State in which it is not established shall, before placing such a product on the market in that other Member State, appoint an authorised representative.
(b) An authorised representative for the purpose of paragraph (a) shall be a legal or natural person established in that other Member State who is responsible for fulfilling the obligations of a producer under the Directive in that other Member State.
Monitoring and Reporting
10. (1) The Agency shall monitor the single-use plastic products listed in Part A of the Annex that are placed on the market.
(2) (a) The Agency shall, for each year, report on the following matters–
(i) beginning for the year 2022 –
(I) data on the single-use plastic products listed in Part A of the Annex that have been placed on the market in the State each year, to demonstrate the consumption reduction in accordance with Article 4(1) of the Directive; and
(II) data on the single-use plastic products listed in Part F of the Annex that have been separately collected in the State each year, to demonstrate the attainment of the separate collection targets in accordance with Article 9(1) of the Directive,
(ii) beginning for the year 2023 –
(I) information on the recycled content in beverage bottles listed in Part F of the Annex to demonstrate the attainment of the targets laid down in Article 6(5) of the Directive; and
(II) data on the quantity of post-consumption waste of single-use plastic listed in Section III of Part E of the Annex that has been collected in accordance with Article 8(3) of the Directive.
(b) The report under paragraph (a) shall be accompanied by a quality check report.
(c) The Agency shall provide the reports specified in paragraph (a) in a timely manner to enable the Minister to provide the Commission with the reports within 18 months of the end of the reporting year for which the data and information are collected.
(d) Data and information reported by the Agency to the Minister under this paragraph shall be in compliance with implementing acts adopted by the Commission under Article 13(4) of the Directive.
Provision of information
11. The Minister may oblige an extended producer responsibility scheme, established or operating under Regulation 8, to provide the Agency with any data necessary to enable the Agency to fulfil its reporting function in accordance with Regulation 10.
Part IV
Enforcement
12. (1) The Agency and the relevant local authority, as appropriate, shall be responsible for the enforcement of these Regulations, including the verification of the targets established in accordance with any implementing act adopted by the European Commission pursuant to the last paragraph of Article 6(5) of the Directive.
(2) An authorised person (within the meaning of the Principal Act) may exercise the powers conferred on such a person under section 14 of the Principal Act for the purposes of enforcing Regulations 5, 6(1), 7(1), 8(1)(a) and 9 of these Regulations and, accordingly, a reference in that Act to that Act includes a reference to these Regulations.
Part V
Offences and penalties
13. (1) A person who contravenes Regulation 5, 6(1), 7(1), 8(1)(a) or 9 shall be guilty of an offence.
(2) A person guilty of an offence under Regulation 5, 6(1), 7(1), 8(1)(a) or 9 is liable –
(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.
(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.
14. Proceedings for an offence under these Regulations that is being prosecuted summarily may be brought and prosecuted by the local authority concerned or the Agency, as appropriate.
15. Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
16. (1) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851 , proceedings for an offence that is being prosecuted summarily on account of a contravention or failure to comply with any Regulation of these Regulations may be commenced—
(a) at any time within 12 months from the date on which the offence was committed, or
(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such person’s knowledge,
whichever is the later: provided that no such proceedings shall be initiated later than 2 years from the date on which the offence concerned was committed.
(2) Without prejudice to paragraph (1), a certificate signed by or on behalf of the person initiating the proceedings for an offence on account of contravention or failure to comply with any regulation of these regulations as to the date on which evidence relating to the offence came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this paragraph and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.
ANNEX
PART A
Single use plastic products covered by Regulation 10 on monitoring and reporting of consumption reduction
(1) Cups for beverages, including their covers and lids;
(2) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:
(a) is intended for immediate consumption, either on-the-spot or take-away,
(b) is typically consumed from the receptacle, and
(c) is ready to be consumed without any further preparation, such as cooking, boiling or heating,
including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food.
PART B
Single use plastic products covered by Regulation 5 on prohibition on placing certain products on the on the market
(1) Cotton bud sticks, except if they fall within the scope of Council Directive 90/385/EEC or Council Directive 93/42/EEC;
(2) Cutlery (forks, knives, spoons, chopsticks);
(3) Plates;
(4) Straws, except if they fall within the scope of Directive 90/385/EEC or Directive 93/42/EEC;
(5) Beverage stirrers;
(6) Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks;
(7) Food containers made of expanded polystyrene, i.e. receptacles such as boxes, with or without a cover, used to contain food which:
(a) is intended for immediate consumption, either on-the-spot or take-away,
(b) is typically consumed from the receptacle, and
(c) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
(8) Beverage containers made of expanded polystyrene, including their caps and lids;
(9) Cups for beverages made of expanded polystyrene, including their covers and lids.
PART C
Single use plastic products covered by Regulation 6 on product requirements
Beverage containers with a capacity of up to three litres, i.e. receptacles used to contain liquid, such as beverage bottles including their caps and lids and composite beverage packaging including their caps and lids, but not:
(a) glass or metal beverage containers that have caps and lids made from plastic,
(b) beverage containers intended and used for food for special medical purposes as defined in point (g) of Article 2 of Regulation (EU) No 609/2013 of the European Parliament and of the Council (3) that is in liquid form.
PART D
Single use plastic products covered by Regulation 5(c) on marking requirements for placing on the market
(1) Sanitary towels (pads), tampons and tampon applicators;
(2) Wet wipes, i.e. pre-wetted personal care and domestic wipes;
(3) Tobacco products with filters and filters marketed for use in combination with tobacco products;
(4) Cups for beverages
PART E
Single use plastic products covered by Regulation 8 on Extended Producer Responsibility
Section I. Single use plastic products covered by Regulation 8(5)(a)
(1) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:
(a) is intended for immediate consumption, either on-the-spot or take-away,
(b) is typically consumed from the receptacle, and
(c) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
(2) Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation;
(3) Beverage containers with a capacity of up to three litres, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids and composite beverage packaging including their caps and lids, but not glass or metal beverage containers that have caps and lids made from plastic;
(4) Cups for beverages, including their covers and lids;
(5) Lightweight plastic carrier bags as defined in point 1c of Article 3 of Directive 94/62/EC.
Section II. Single use plastic products covered by Regulation 8(5)(b)
(1) Wet wipes, i.e. pre-wetted personal care and domestic wipes;
(2) Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers.
Section III. Single use plastic products covered by Regulation 8(5)(c)
Tobacco products with filters and filters marketed for use in combination with tobacco products.
PART F
Single use plastic products covered by Regulation 7 on minimum recycled content for placing on the market and by Regulation 10 for reporting on minimum recycled content and separate collection
Beverage bottles with a capacity of up to three litres, including their caps and lids, but not:
(a) glass or metal beverage bottles that have caps and lids made from plastic,
(b) beverage bottles intended and used for food for special medical purposes as defined in point (g) of Article 2 of Regulation (EU) No 609/2013 that is in liquid form.
PART G
Single use plastic products covered by Regulation 8(4) on awareness raising
(1) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:
(a) is intended for immediate consumption, either on-the-spot or take-away,
(b) is typically consumed from the receptacle, and
(c) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
(2) Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation;
(3) Beverage containers with a capacity of up to three litres, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids and composite beverage packaging including their caps and lids, but not glass or metal beverage containers that have caps and lids made from plastic;
(4) Cups for beverages, including their covers and lids;
(5) Tobacco products with filters and filters marketed for use in combination with tobacco products;
(6) Wet wipes, i.e. pre-wetted personal care and domestic wipes;
(7) Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers;
(8) Lightweight plastic carrier bags as defined in point 1c of Article 3 of Directive 94/62/EC;
(9) Sanitary towels (pads), tampons and tampon applicators.
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GIVEN under my Official Seal,
8 October 2021.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations further transpose Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment. In summary, they introduce the following measures:
• A restriction on placing the items contained in Part B of the Annex to the regulations on the market in Ireland.
• A restriction on placing the items contained in Part D of the Annex to the regulations on the market in Ireland unless they contain the marking set out in Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020.
• A restriction on placing any product containing oxo-degradable plastic on the market in Ireland.
• A restriction on placing a single use plastic beverage container up to 3litres in size on the market in Ireland from 3 July 2024 unless its lid or cap remains attached to the beverage container.
• A restriction on placing single use plastic PET beverage bottles up to 3 litres in size on the market in Ireland from 1 January 2025 unless they contain a minimum of 25% recycled content.
• A restriction on placing any single use plastic beverage bottles up to 3 litres in size on the market in Ireland from 1 January 2030 unless they contain a minimum of 30% recycled content.
• The introduction of an Extended Producer Responsibility Scheme for tobacco products from 1 January 2023.
• The introduction of Extended Producer Responsibility Schemes for balloons, wet wipes and fishing gear from 31 December 2024.
• Making the existing packaging Extended Producer Responsibility Scheme in Ireland responsible for litter clean up costs of the single use plastic packaging items covered by the Regulations from 1 January 2023.
• Making all Extended Producer Responsibility Schemes within the remit of the Regulations responsible for creating awareness about reusable alternatives and best waste management practices for the products they place on the market.
Enforcement provisions and EU reporting requirements are also contained in the regulations.
1 OJ No. L 155, 12.6.2019, p. 1
2 OJ No. C 216, 7.6.2021, p. 1
3 OJ No. L 155, 12.6.2019, p. 1
4 OJ No. L 312, 22.11.2008, p. 3
5 OJ No. L 428, 18.12.2020, p. 57
S.I. No. 136/2022 –
European Union (Single Use Plastics) (Amendment) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment1 hereby make the following Regulations:
1. These Regulations may be cited as the European Union (Single Use Plastics) (Amendment) Regulations 2022.
2. In these Regulations “Principal Regulations” means the European Union (Single Use Plastics) (No.2) Regulations 2021 (No. 516 of 2021)
3. Regulation 2(1) of the Principal Regulations is amended by inserting the following:
“ “Minister” means the Minister for the Environment, Climate and Communications.”
4. Regulation 10(2) of the Principal Regulations is amended by inserting after paragraph (2)(a)(i)(II) the following:
“(III) data on fishing gear containing plastic placed on the market and on waste fishing gear collected in the State each year”.
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GIVEN under my Official Seal,
22 March 2022.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
This Statutory Instrument amends the European Union (Single Use Plastics) (No. 2) Regulations 2021 ( S.I. No. 516 of 2021 ) to clarify the Minister with responsibility for the functions set out therein and to give further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment as regards data collection on fishing gear containing plastic and waste fishing gear.
1 OJ No. L 155, 12.6.2019, p. 1