S.I. No. 282/2014 - European Union (Packaging) Regulations 2014

INDEX

PART I PRELIMINARY AND GENERAL

1.

2.

3.

4.

PART II PRIMARY OBLIGATIONS ON ALL PRODUCERS

5.

6.

7.

8.

PART III ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS

9.

10.

11.

12.

13.

14.

15.

16.

PART IV APPROVED BODIES

17.

18.

19.

20.

21.

22.

23.

PART V LOCAL AUTHORITY FUNCTIONS

24.

25.

26.

27.

PART VI ESSENTIAL REQUIREMENTS OF PACKAGING

28.

29.

PART VII MISCELLANEOUS

30.

31.

32.

33.

34.

35.

36.

37.

SCHEDULE 1 ILLUSTRATIVE EXAMPLES OF THE APPLICATION OF CRITERIA TO CLARIFY THE DEFINITION OF PACKAGING IN REGULATION 4(3)

SCHEDULE 2 REQUIREMENTS REGARDING NOTICES

SCHEDULE 3 INFORMATION TO BE COMPILED, MAINTAINED AND SUBMITTED

SCHEDULE 4 ESSENTIAL REQUIREMENTS ON THE COMPOSITION, AND THE REUSABLE AND RECOVERABLE, INCLUDING RECYCLABLE, NATURE OF PACKAGING

S.I. No. 282 of 2014

EUROPEAN UNION (PACKAGING) REGULATIONS 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th June, 2014.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, 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 effect to Directive 94/62/EC¹ of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste as amended by Directive 2004/12/EC² of the European Parliament and of the Council of 11 February 2004 and Commission Directive 2013/2/EU³ of 7 February 2013, hereby make the following Regulations:

PART I PRELIMINARY AND GENERAL

Citation

Purpose of Regulations

Commencement

Interpretation generally

“the Act” means the Waste Management Act 1996 (No. 10 of 1996);

“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“approved body” means a body corporate or association approved by the Minister in accordance with regulation 19;

“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be required to be an authorised person for the purposes of the Act of 1996 or a Part or section thereof;

“back-door waste” means waste arising from secondary and tertiary packaging which is received by a producer but is not thereafter used in the supply of products;

“broker” means, in relation to waste, any person who on behalf of or as a service to any other person buys, sells or arranges for the purchase, sale or transfer from one person to another of waste or for the collection, recovery or disposal of waste;

“Central Statistics Office” means the Office established under section 8 (1) of the Statistics Act 1993 ;

“competent person” in relation to these Regulations means—

• (a) an independent person who is qualified to be appointed, or as the case may be continues to be, the auditor of the producer, or

• (b) a director of the producer, designated by that producer and approved by the relevant local authority, where the producer is a company registered under the Companies Acts 1963 to 2001, or

• (c) the manager of the producer, designated by that producer and approved by the relevant local authority, where the producer is any other body corporate or unincorporated body, or

• (d) an independent person designated by the producer and approved by the relevant local authority;

“dealer” means, in relation to waste, any person who buys or sells waste on his or her own behalf or arranges on behalf of or as a service to any other person for the purchase, sale or transfer from one person to another of waste or for the collection, recovery or disposal of waste;

“the Directive” means European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste as amended by Directive 2004/12/EC of 11 February 2004 and Commission Directive 2013/2/EU of 7 February 2013;

“European standard” means a standard the reference number of which is published in the Official Journal of the European Communities in pursuance of article 9(2)(a) of European Parliament and Council Directive 94/62/EC;

“household packaging waste” means packaging waste produced within the curtilage of a building or self-contained part of a building used for the purposes of living accommodation;

“intentionally introduced” means, in relation to regulation 29, deliberately utilised in the formulation of a packaging material or packaging where its continued presence is desired in the final packaging material or packaging to provide a specific characteristic, appearance or quality, save that the use of recycled materials as feedstock for the manufacture of new packaging material or packaging, where some portion of the recycled materials may contain amounts of regulated materials, shall not be considered as intentionally introduced;

“organic recycling” means the aerobic (composting) or anaerobic (biomethanisation) treatment, under controlled conditions and using micro-organisms, of the biodegradable parts of packaging waste, which produces stabilised organic residues or methane. The landfill of the biodegradable parts of packaging waste shall not be considered a form of organic recycling;

“packaging” has the meaning assigned to it by section 5 of the Act and shall be read in accordance with the criteria set out hereunder so that—

• (i) items shall be considered to be packaging if they fulfil the definition set out in section 5 of the Act without prejudice to other functions which the packaging might also perform, unless the item is an integral part of a product and it is necessary to contain, support or preserve that product throughout its lifetime and all elements are intended to be used, consumed or disposed of together (and illustrative examples of this criterion are provided in Part 1 of Schedule 1), or as appropriate,

• (ii) items designed and intended to be filled at the point of sale and disposable items sold, filled or designed and intended to be filled at the point of sale shall be considered to be packaging provided they fulfil a packaging function (and illustrative examples of this criterion are provided in Part 2 of Schedule 1, or as appropriate,

• (iii) packaging components and ancillary elements integrated into packaging shall be considered to be part of the packaging into which they are integrated. Ancillary elements hung directly on, or attached to, a product and which perform a packaging function shall be considered to be packaging unless they are an integral part of that product and all elements are intended to be consumed or disposed of together (and illustrative examples of this criterion are provided in Part 3 of Schedule 1), and

packaging constituted within the meaning assigned to it by section 5 of the Act and in accordance with the aforementioned criteria may only consist of—

• (a) sales or primary packaging, that is to say packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase, or

• (b) grouped or secondary packaging, that is to say packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units (whether the latter are sold as such to the final user or consumer or whether the packaging serves only as a means to replenish shelves at the point of sale), and which can be removed from a product without affecting the product’s characteristics, or

• (c) transport or tertiary packaging, that is to say packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packaging in order to prevent damage from physical handling and transport (but not including road, rail, ship and air containers);

“packaging destined for reuse” means packaging which has been conceived and designed to accomplish within its life cycle a minimum of two trips or rotations, and which is subject to operations by which it is refilled or used for the same purpose for which it was conceived, with or without the support of auxiliary products present on the market enabling the packaging to be refilled;

“packaging material” means material used in the manufacture of packaging that is placed on the market and includes raw materials prior to their conversion into packaging, excluding any kind of production residue from the production of packaging or packaging materials or from any other production process;

“packaging report” means a report, compiled on behalf of a producer by a competent person, certifying in respect of a specified period and in respect of all premises involved in the supply of packaging material, packaging or packaged products and operated by that producer in the State, the nature and weight of—

• (a) packaging material and packaging received and supplied by the producer concerned, and

• (b) packaging destined for reuse where such packaging destined for reuse is subject to operations by which it is returned to the producer for the purpose of it being refilled or used for the same purpose for which it was conceived, and

• (c) packaging waste—

• (i) produced or received by the producer concerned,

• (ii) taken back by other producers,

• (iii) recovered by or on behalf of the producer concerned, and

• (iv) collected for recovery by recovery operators;

“packaging waste” means any packaging or packaging material, excluding production residues, which is discarded or is intended to be discarded or is required to be discarded as waste and shall be read in accordance with the meaning of section 4(1)(a) of the Act and article 1(a) of European Parliament and Council Directive 2006/12/EC⁷ of 5 April 2006 on waste;

“packer/filler” means a producer who puts products into packaging for the purpose of supply;

“plastic sheeting” means plastic film used in secondary and tertiary packaging which is received by a producer but is not thereafter used in the supply of products;

“principal office” in relation to a local authority means the central office of the local authority, or such other office of the local authority which may be designated by that local authority for the purposes of dealing with matters covered by these Regulations;

“product” means any naturally occurring or manufactured thing;

“purchase” in relation to packaging waste means acquiring packaging waste in the course of business in exchange for any consideration including money, or in exchange for a prize, or otherwise in exchange for a gift;

“quarterly period” means each period of three months beginning on the first day of January, April, July and October;

“recovery” has the meaning assigned to it by section 4(4) of the Act and shall be read in accordance with article 1(f) of European Parliament and Council Directive 2006/12/EC of 5 April 2006 on waste;

“recovery operator” means—

• (a) a local authority or other person engaged in waste recovery or waste collection for the purposes of recovery, subject to that person having obtained all necessary licences or permits required under the Act and any regulations made thereunder, or

• (b) a major producer when acting in accordance with the exemption from the requirement to hold a permit when collecting packaging waste in accordance with article 22(e) of the Waste Management (Collection Permit) Regulations 2001 ( S.I. No. 402 of 2001 ), subject to any amendment that may be made to those Regulations from time to time, but, if those regulations should be revoked, shall be subject to such regulations corresponding to those regulations as may be for the time being in force;

“recycling” means, in relation to packaging waste, the reprocessing in a production process of the waste materials for their original purpose or for other purposes including organic recycling but excluding energy recovery. Energy recovery means the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste but with the recovery of heat;

“specified packaging waste” means waste aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood;

“supply” in relation to packaging material, packaging and packaged products means providing packaging material, packaging or, as appropriate, packaged products in the course of business, or in exchange for any consideration including money, or giving as a prize, or otherwise making a gift, and packaging removed from a product by or on behalf of the producer—

• (a) at the point of sale, or as appropriate,

• (b) at the point of delivery, or as appropriate,

• (c) immediately preceding the point of sale, or as appropriate,

• (d) immediately preceding the point of delivery

shall be deemed to be supplied accordingly;

“turnover”, in relation to any producer, means the amounts derived from the provision (including the export) of goods and services falling within the producer’s ordinary activities, after deduction of—

• (a) trade discounts, and

• (b) value-added tax;

• (2) For the purpose 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, sells or otherwise supplies to other persons packaging material, packaging or packaged products, and “produce” shall be construed accordingly.

(3)(a) For the purposes of these Regulations, “major producer” means a producer who—

• (i) for the purpose of trade or otherwise in the course of business, sells or otherwise supplies to other persons packaging material, packaging or packaged products, where the aggregate weight of packaging material and packaging supplied by such major producer exceeds or may be expected to exceed 10 tonnes in a calendar year, and

• (ii) has an annual turnover of more than €1million;

• (b) For the purpose of determining whether or not a producer is a major producer—

• (i) the aggregate weight of packaging material and packaging concerned shall, subject to paragraph (c), be the aggregate weight arising from all relevant activities of the producer within the State, and

• (ii) the turnover of the producer concerned shall be the turnover derived from the producer’s activities within the State (including the export of goods and services);

• (c) For the purpose of determining whether or not a producer is a major producer—

• (i) account shall be taken of packaging (not being packaging destined for reuse)—

• (I) supplied to consumers in association with products sold and consumed, or intended for consumption, on a producer’s premises, and

• (II) in the form of multi-unit containers which are used to facilitate the sale and consumption of products on a producer’s premises, and

• (ii) account shall not be taken of—

• (I) packaging destined for reuse, where such packaging destined for reuse is subject to operations by which it is returned to the producer for the purpose of it being refilled or used for the same purpose for which it was conceived, and

• (II) packaging material and packaging where such material or packaging is supplied by, or used in the supply of products by, that producer to persons outside of the State, and

• (III) packaging waste supplied by a recovery operator (who is not the producer if the producer is a major producer) to the producer for the purposes of treatment, recovery or disposal.

PART II PRIMARY OBLIGATIONS ON ALL PRODUCERS

Packaging waste arising on a producer’s premises

(a)(i) in the case of specified packaging waste—

• (I) transferred, for the purposes of recovery, to a producer of packaging material, packaging or packaged products of a type or brand, to which the packaging waste in question relates, or

• (II) separated at source by material type and collected by, or on behalf of, the producer, or by a recovery operator, for the purposes of recovery, and

• (ii) in the case of all other packaging waste—

• (I) transferred, for the purposes of treatment, recovery or disposal, to a producer of packaging material, packaging or packaged products of a type or brand, to which the packaging waste in question relates, or

• (II) collected by, or on behalf of, the producer, or by a recovery operator, for the purposes of treatment, recovery or disposal, or

• (b) separated at source by material type for the purpose of facilitating the recovery of said waste on-site, principally as a fuel or other means, to generate energy effectively in accordance with a licence or permit required under the Act.

• (2) Waste collected by a recovery operator, or transferred to a producer, for the purposes of recovery in accordance with sub-regulation (1)(a)(i) shall not be disposed of by that recovery operator, or as appropriate by that producer, or as appropriate by any other person.

• (3) Sub-regulation (2) shall not prejudice the disposal of residual waste arising out of any recovery operation.

• (4) The requirements of sub-regulation (1)(a)(i) shall not apply to specified packaging waste which is contaminated so as to pose a risk to the health of any person.

• (5) A person shall not contaminate specified packaging waste.

• (6) For the purposes of this regulation a local authority may give a direction in writing to a producer in relation to the separation at source of packaging waste, for the purpose of avoiding contamination or to facilitate the recovery or disposal of that waste, and a producer shall comply with such a direction.

Information on packaging destined for reuse

• (a) a description of the packaging destined for reuse;

• (b) the material type of the packaging destined for reuse;

• (c) the aggregate weight of the packaging destined for reuse;

• (d) the number of units of the packaging destined for reuse;

• (e) the date on which the packaging destined for reuse, or products in packaging destined for reuse, was sold or otherwise supplied to the customer;

• (f) the date on which the packaging destined for reuse was returned by the customer to the producer for the purpose of it being refilled or used for the same purpose for which it was conceived;

• (g) the date on which the packaging destined for reuse was refilled or used for the same purpose for which it was conceived by the producer; and

• (h) all supporting information used for, or in conjunction with, the preparation, compilation and maintenance of such records.

Information on the weight of packaging

Obligation regarding recovery operators

• (2) In a prosecution for a contravention of sub-regulation (1), it shall be a good defence to prove that the producer took all reasonable steps, including the making of reasonable enquiries, to establish that a person held all necessary licences or permits required under the Act, or was otherwise exempt from the requirement to hold a permit or licence.

PART III ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS

Application of Part III and Regulation 25

Requirements on major producers to recover and recycle packaging waste

• (a) fix and maintain in a conspicuous position, and in such manner as to be clearly visible to members of the public, within one metre of each entrance to each premises at or from which such major producer supplies packaging material, packaging or packaged products, a notice complying with the requirements specified in Part 1 of Schedule 2;

• (b) provide facilities at each premises specified in paragraph (a) for the acceptance, segregation and storage of packaging waste in accordance with these Regulations;

• (c) provide facilities at each premises specified in paragraph (a) whereby customers may remove, segregate and deposit packaging from products or substances purchased at that premises;

• (d) accept from any person, free of charge between the hours of 9.30 a.m. to 5.30 p.m., each Monday to Friday, at any premises specified in paragraph (a), any packaging waste relating to packaging material, packaging or packaged products of a type or brand supplied by that major producer; and

• (e) within a week of being requested so to do, collect, or arrange for the collection of, from any producer to whom the major producer supplies packaging material, packaging or packaged products, any packaging waste relating to packaging material, packaging or packaged products of a type or brand supplied by the major producer.

• (2) The purpose, location and availability of facilities to be provided for the purpose of sub-regulations (1)(b) and (1)(c) shall be notified or advertised in a conspicuous position, and in such manner as to be clearly visible to members of the public, at or near each entrance to each premises.

• (3) A major producer who supplies packaging material, packaging or packaged products otherwise than from a premises shall, in order to fulfil the obligations set out in sub-regulation (1), acquire or otherwise obtain the use of a premises located in the functional area of each local authority in which such major producer carries on business, which premises shall, in relation to the functional area of a local authority, be deemed for the purposes of these Regulations (save where the context otherwise requires) to be premises specified in sub-regulation (1)(a) at which the major producer carries on business in that functional area.

• (4) During the months of March and September in each calendar year, a major producer shall—

• (a) publish in one or more newspapers circulating in the functional area of the local authority in which its premises is situate a notice complying with the requirements of Part 5 of Schedule 2; and

• (b) provide copies of all notices published to the local authority within ten days of the date of publication of such notices.

Recovery and recycling targets for major producers

• (a) is not less than 55% of the aggregate weight of packaging material and packaging imported or packed/filled and supplied by that major producer in the preceding quarterly period, and

• (b) that a minimum 50% of the aggregate weight of packaging material and packaging imported or packed/filled and supplied by that major producer in the preceding quarterly period is recovered by way of recycling,

until the 30th day of December 2008.

• (2) On and from the 31st day of December 2008, a major producer who is an importer of packaged products or is a packer/filler shall take such steps as are necessary to ensure that in any quarterly period, the aggregate weight of packaging waste which is accepted or, as appropriate, collected by that major producer for the purposes of recovery—

• (a) is not less than 60% of the aggregate weight of packaging material and packaging imported or packed/filled and supplied by that major producer in the preceding quarterly period, and

• (b) that a minimum 55% of the aggregate weight of packaging material and packaging imported or packed/filled and supplied by that major producer in the preceding quarterly period is recovered by way of recycling, and, where appropriate,

• (c) that a minimum—

• (i) 60% by weight for glass, and as appropriate,

• (ii) 60% by weight for paper and board, and as appropriate,

• (iii) 50% by weight for metals, and as appropriate,

• (iv) 22.5% by weight for plastics, and as appropriate,

• (v) 15% by weight for wood,

supplied by that major producer in the preceding quarterly period is recovered by way of recycling.

• (3) Without prejudice to the generality of sub-regulations (1) and (2), such steps as are necessary to ensure compliance with the recovery and recycling targets may include—

• (a) accepting or collecting packaging waste from customers of the major producer, or from any other person,

• (b) placing a notice in one or more newspapers circulating in the functional area of the local authority in which the premises of the major producer is situate stating that the major producer will accept or collect packaging waste,

• (c) giving the notice referred to in paragraph (b) or drawing the attention of the public, or of business, to the notice, through other forms of broadcast or electronic media.

Purchase of packaging waste

• (2) Where a major producer purchases packaging waste for the purpose of fulfilling its obligations under regulation 11, that major producer shall—

• (a) keep a record of the type, amount and source of such packaging waste, and

• (b) provide a declaration, signed by a competent person, that the packaging waste purchased, either in whole or in part, has not previously been the subject of any subsidy payments or, as appropriate, subventions from an approved body, and

shall include the aforementioned information in the quarterly report to each relevant local authority required under the provisions of regulation 15.

• (3) Notwithstanding sub-regulation (2), where a major producer purchases packaging waste for the purpose of fulfilling its obligations under regulation 11, that major producer shall—

• (a) purchase an amount of packaging waste in respect of each material type, in direct proportion to the aggregate weight of each material type of packaging material and packaging imported or packed/filled and supplied by that major producer in the preceding quarterly period, and

• (b) source a minimum 20% of the aggregate weight of any packaging waste purchased from household packaging waste.

Registration and certification of major producers

• (a) apply for registration to the local authority in whose functional area the premises is situate not later than the 31st day of March 2008 or the date of commencement of business, whichever is the later, and

• (b) apply for renewal of such registration to the relevant local authority, not later than the 31st day of January in each year following initial registration, subject only that a major producer shall not be required to make such application within four months of initial registration.

• (2) A major producer who makes an application to a local authority under sub-regulation (1) shall be registered by that authority provided that the requirements of regulation 14 are complied with.

• (3) A major producer shall not be deemed to be registered until a Certificate of Registration has issued by the local authority to which the application for registration was submitted.

• (4) A major producer shall not be deemed to have renewed his or her registration until a Certificate of Renewal of Registration has issued by the local authority to which the application for renewal of registration was submitted.

• (5) A local authority shall issue a Certificate of Registration or a Certificate of Renewal of Registration as expeditiously as possible and, in any event, within—

• (a) six weeks of the date of receipt of an application for registration or renewal of registration, or

• (b) two weeks after the date of receipt of further information or particulars requested by a local authority in connection with such an application,

whichever is the later.

• (6) Notwithstanding sub-regulation (5), a local authority may refuse an application for renewal of registration under this regulation where it considers that a major producer has, in the preceding twelve month period, failed to satisfactorily implement the three-year implementation plan submitted for the purposes of regulation 15 or, as the case may be, failed to comply, in whole or in part, with the provisions of regulations 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 25.

• (7) A major producer who supplies packaging material, packaging or packaged products from premises in the functional area of more than one local authority shall designate its main branch or another nominated branch as having responsibility for the purposes of sub-regulation (1).

• (8) The branch designated by a major producer for the purposes of sub-regulation (1) shall be obliged to apply for registration or renewal of such registration to all local authorities in whose functional areas such major producer operates premises involved in the supply of packaging material, packaging or packaged products.

Application for registration or renewal of registration

• (2) An application for renewal of registration under regulation 13 shall be made in writing, shall contain at least the information set out in Part 2 of Schedule 3, and shall be accompanied by a copy of the annual report required to be prepared under regulation 15(2)(a), and where appropriate, by a copy of a new three-year implementation plan prepared in accordance with regulation 15(2)(b).

• (3) Notwithstanding sub-regulations (1) and (2), where a major producer fails or refuses to supply a complete application, which shall include—

• (a) the information set out in Part 1 of Schedule 3 in the case of an application for registration, or as appropriate,

• (b) the information set out in Part 2 of Schedule 3 in the case of an application for renewal of registration, or as appropriate,

• (c) any further information or particulars requested by a local authority in connection with such application for registration or, as appropriate, renewal of registration,

within four weeks of the date of a request by the local authority for a completed application or, as appropriate, further information, the local authority may, if it thinks fit, return such incomplete application to the major producer.

• (4) A major producer shall notify, within ten days, the relevant local authority of any changes to the information provided in, as the case may be, an application for registration or, as appropriate, an application for renewal of registration.

• (5) An application for registration or for renewal of registration under regulation 13 shall be accompanied by a fee equivalent to €15 per tonne of packaging material and packaging placed on the market, which—

• (a) in the case of the initial registration of a premises at which business has been carried on by the applicant for a period of twelve months or more immediately prior to application, was supplied by the applicant at that premises in the twelve month period prior to the date of application for registration,

• (b) in the case of the initial registration of a premises at which business has not been carried on by the applicant for a period of twelve months or more immediately prior to application, is likely to be supplied by the applicant at that premises in the twelve month period subsequent to the date of application for registration,

• (c) in the case of a renewal of registration in respect of a premises, was supplied by the applicant at that premises in the period since initial registration or last preceding renewal of registration as the case may be,

save that the amount of fee shall be not less than €500, and not more than €15,000 subject to sub-regulations (6) and (7), in respect of a premises.

• (6) Not later than the 30th day of November each year and having regard to any change in the consumer price index since the determination of the maximum fee in respect of a premises for the time being in force, the Minister may—

• (a) review the maximum fee in respect of a premises and may by order amend that maximum fee in accordance with the results of that review, and

• (b) notify each local authority in writing of the revised maximum fee in respect of a premises.

• (7) In this sub-regulation, “change in the consumer price index” means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the determination under this sub-regulation and the said number last published before the date of the preceding review under sub-regulation (6), expressed as a percentage of the last-mentioned number.

Implementation plans, annual reports and quarterly reports

• (a) prepare a three-year implementation plan specifying the steps to be taken by the said major producer in order to comply with the requirements of these Regulations, including the steps which the major producer intends to take to prevent or minimise packaging waste, and

• (b) fix and maintain in a conspicuous position, and in such manner as to be clearly visible to members of the public, within one metre of each entrance to each premises specified in regulation 10(1)(a) but separate and adjacent to the notice required in regulation 10(1)(a), a notice complying with the requirements specified in Part 2 of Schedule 2.

• (2) A major producer shall not later than the date on which application for renewal of registration is made under regulation 13—

• (a) prepare an annual report specifying the steps taken by the said major producer in order to comply with the requirements of these Regulations in the preceding registration period, and the results of those steps, and

• (b) prepare a revised three-year implementation plan, having regard to experience in the preceding registration period, specifying the steps to be taken by the said major producer to comply with the Regulations, including the steps which the major producer intends to take to prevent or minimise packaging waste, and

• (c) fix and maintain in a conspicuous position, and in such manner as to be clearly visible to members of the public, within one metre of each entrance to each premises specified in regulation 10(1)(a) but separate and adjacent to the notice required in regulation 10(1)(a), a notice complying with the requirements specified in Part 3 of Schedule 2.

• (3) A three-year implementation plan under sub-regulation (1)(a) or, as appropriate, a revised three-year implementation plan under sub-regulation (2)(b) shall contain at least the information set out in Part 3 of Schedule 3.

• (4) An annual report under sub-regulation (2)(a) shall contain at least the information set out in Part 4 of Schedule 3.

• (5) Without prejudice to commercial and industrial confidentiality, a copy of an implementation plan or an annual report prepared for the purpose of this regulation shall be made available, free of charge, by the major producer concerned to any person who so requests.

• (6) For the purpose of this regulation, “made available” includes sending the implementation plan or annual report, as the case may be, by post, fax or electronic mail to a person who so requests.

• (7) With effect from the date of registration in accordance with regulation 13, a major producer shall, within ten days of the end of each quarterly period, compile, maintain and submit to the relevant local authority the information (hereinafter referred to as the “quarterly reports”) set out in Part 5 of Schedule 3.

• (8) It shall be the responsibility of a major 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 the quarterly reports compiled, maintained and submitted in accordance with sub-regulation (7).

• (9) The quarterly reports to be submitted by a major producer to a local authority under sub-regulation (7) shall, where the relevant local authority so requires, be in a form specified by the authority.

• (10) Without prejudice to sub-regulations (1)(a), (2)(a), (2)(b), (3), (4), (7) and (9), the Minister from time to time may issue guidance concerning the presentation, structure and content of the three-year implementation plan and, as appropriate, the annual report and, as appropriate, the quarterly reports.

Application of requirements

• (a) the requirement to compile, maintain and submit quarterly reports under regulation 15 shall apply in respect of each such premises as a separate entity, and

• (b) a three-year implementation plan or an annual report required to be prepared and published under regulation 15 may relate to the overall activities of the major producer concerned within the relevant functional area, and these Regulations shall be construed accordingly.

• (2) In determining, for the purpose of regulations 11, 14 and 15, the aggregate weight of packaging material and packaging supplied by a major producer, account shall not be taken of—

• (a) packaging destined for reuse where such packaging destined for reuse is subject to operations by which it is returned to the producer for the purpose of it being refilled or used for the same purpose for which it was conceived,

• (b) packaging material and packaging where such material or packaging is supplied by, or used in the supply of products by, that major producer to persons outside of the State, and

• (c) packaging waste supplied by a recovery operator to the major producer for the purposes of treatment, recovery or disposal.

• (3) Local authorities shall publish notices in one or more newspapers circulating in their respective functional areas at least once in each calendar year, publicising details of all major producers in respect of whom such local authorities have issued Certificates of Registration or Certificates of Renewal of Registration under regulation 13, and indicating the obligation of such major producers to accept from any person free of charge packaging waste arising from products, packaging or packaging material of a type or brand sold or otherwise supplied by such major producers.

PART IV APPROVED BODIES

Exemption from certain requirements

• (a) such certification is revoked by the approved body concerned or otherwise ceases to have effect or be in force, or

• (b) approval granted by the Minister to the body concerned is revoked in accordance with regulation 20.

• (2) A producer to whom sub-regulation (1) applies shall, only for so long as such producer is so exempt, fix and maintain in a conspicuous position, and in such manner as to be clearly visible to members of the public, at or near each entrance to each premises specified in regulation 10(1)(a), a notice complying with the requirements specified in Part 4 of Schedule 2.

Application to the Minister for approval

• (2) An application for approval under sub-regulation (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 or association,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) proposals relating to corporate governance,

• (d) proposals for the representation of small and medium enterprises on the Board of the approved body together with the names and addresses in the State of the officers of the body corporate or association and its Board of Directors,

• (e) proposals for a contingency reserve,

• (f) proposals relating to green procurement,

• (g) a copy of the rules of membership of the body corporate or association together with details of the membership fee structure,

• (h) a declaration that no producer applying for membership will be discriminated against on the grounds—

• (i) of the quantity or, as appropriate, type of packaging material, packaging or packaged product supplied by the producer in the State, and as appropriate,

• (ii) of the geographical location or locations within the State from which the producer is supplying packaging material, packaging or packaged products,

• (i) proposals relating to co-operation with other approved bodies for the recovery of packaging and packaging waste (where such approved bodies exist) including, in particular, but not exclusively, targets for the recovery and recycling of packaging waste,

• (j) proposals for a scheme to be undertaken by the body corporate or association for the recovery and recycling of packaging waste,

• (k) a business plan in relation to the proposed scheme,

• (l) a financial plan in relation to the proposed scheme,

• (m) annual packaging waste recovery and recycling targets, including material specific recycling targets, to be achieved by the body concerned or by producers participating in the proposed scheme,

• (n) proposals for the certification of producers for the purpose of regulation 17,

• (o) proposals relating to the dissemination of information to the public regarding the recovery and recycling of packaging and packaging waste,

• (p) proposals for determining and verifying the level of recovery and recycling of packaging waste under the proposed scheme, and

• (q) such other information as may be specified in writing by the Minister for the purposes of this regulation.

Grant or refusal of approval

• (2) Subject to regulation 20, an approval granted by the Minister under this regulation shall be for a period of not less than four years and not more than ten years.

• (3) An approval under sub-regulation (1) may be subject to such conditions as the Minister may specify, including conditions relating to—

• (a) the articles of association of the body corporate or association,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) corporate governance,

• (d) the representation of small and medium enterprises on the Board of the approved body and the composition of the Board of Directors,

• (e) the contingency reserve,

• (f) green procurement,

• (g) the rules of membership of the body corporate or association and the membership fee structure,

• (h) the non-discrimination against any producer applying for membership on the grounds—

• (i) of the quantity or, as appropriate, type of packaging material, packaging or packaged product supplied by the producer in the State, and as appropriate,

• (ii) of the geographical location or locations within the State from which the producer is supplying packaging material, packaging or packaged products,

• (i) co-operation with other approved bodies for the recovery of packaging and packaging waste (where such approved bodies exist) including, in particular, but not exclusively, targets for the recovery and recycling of packaging waste,

• (j) any aspects of the scheme to be undertaken by the body corporate or association for the recovery and recycling of packaging waste,

• (k) the business plan of the scheme,

• (l) the financial plan of the scheme,

• (m) the annual packaging waste recovery and recycling targets, including material specific recycling targets, to be achieved by the body concerned or by producers participating in the scheme,

• (n) the certification of producers for the purpose of regulation 17,

• (o) the dissemination of information to the public regarding the recovery and recycling of packaging and packaging waste,

• (p) the determination and verification of the effects of measures undertaken with regard to the recovery and recycling of packaging waste,

• (q) 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, and

• (r) such other information as may be specified in writing by the Minister for the purposes of this regulation.

• (4) 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.

Review and revocation of approval

• (2) Where the Minister proposes to review an approval, or require the making of a new application in accordance with regulations 18 and 19, the Minister shall—

• (a) give notice in writing to the approved body of the proposal and the reasons therefor,

• (b) specify a period of not less than four weeks within which the approved body may make a submission to the Minister in relation to a review, or make a new application under regulation 18, as the case may be, and

• (c) consider any submission, or application so made.

• (3) Following the consideration of any submission or application in accordance with sub-regulation (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 under regulation 19, as the case may be.

• (4) Where an approval under regulation 19 is due to expire, an approved body that wishes to continue to operate as an approved body shall, not later than four months before the expiry of an approval, make an application to the Minister under regulation 18.

• (5) Subject to sub-regulation (6), where it appears to the Minister that an approved body is not complying with conditions attached to such approval, or that relevant packaging waste recovery and recycling targets, including material specific recycling targets, have not been or are not being met, the Minister may revoke an approval granted under regulation 19.

• (6) Where the Minister proposes to revoke an approval granted under regulation 19, 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 four 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.

Use of logo adopted by an approved body

Notifications to local authorities

Information to the Agency and the Central Statistics Office

PART V LOCAL AUTHORITY FUNCTIONS

Enforcement by local authorities

Power of local authority to require submission of information

• (a) a packaging report in respect of a specified period,

• (b) such other information as may be specified in the notice regarding the use, type, quantity, origin and destination of packaging by that producer, the steps taken in order to comply with any requirement of these Regulations, and the results of those steps, or

• (c) evidence of the turnover of the producer concerned.

• (2) A notice under sub-regulation (1) may specify the manner in which any matter is to be set out or addressed in a packaging report, or the nature of the evidence to be furnished, as the case may be.

• (3) A producer on whom a notice under this regulation has been served shall, within the period specified in the notice, comply with the terms thereof.

• (4) A local authority may not require a producer to furnish in accordance with sub-regulation (1) a packaging report more frequently than once in any period of twelve months.

• (5) Producers should maintain and make available for the purposes of inspection by the local authority all supporting information used in the preparation of a packaging report sought under sub-regulation (1).

Entries in a local authority register

• (a) the registration or renewal of registration of a major producer by the local authority in accordance with regulation 13 and, as appropriate,

• (b) the giving of a notice under regulation 25.

• (2) Information received by a local authority in accordance with regulations 13, 15 and 26 shall be made available at the principal office of the local authority concerned for inspection by any person during office hours.

Notice and information to the Agency

PART VI ESSENTIAL REQUIREMENTS OF PACKAGING

Essential requirements of packaging

• (2) Packaging shall be deemed to comply with the requirements of Schedule 4 if it complies with a European standard duly adopted, or a standard prescribed under section 29(4) of the Act, in relation to the requirements of Schedule 4.

Concentration of heavy metal in packaging and packaging material

• (2) Subject to sub-regulations (3) to (6), glass packaging may exceed the limit referred to in sub-regulation (1) where it complies with the following conditions—

• (a) no lead, cadmium, mercury or hexavalant chromium has been intentionally introduced during the manufacturing process, or

• (b) the concentration levels have only been exceeded because of the addition of recycled materials.

• (3) Where the average heavy metals concentration levels on any 12 consecutive monthly controls in the output of an individual glass furnace operating in the State, representative of normal and regular production activity, exceeds 200 parts per million by weight, the manufacturer, or the manufacturer’s authorised representative, shall submit a report to the Agency which shall include, as a minimum, the following information—

• (a) a measure of the values taken,

• (b) a description of the measurement methods employed,

• (c) suspected sources for the presence of the heavy metals concentration levels, and

• (d) a detailed description of the measures taken to reduce the heavy metals concentration levels.

• (4) In the case of glass imported into the State, produced in a furnace which is situated outside the European Union and which exceeds the limits referred to in sub-regulation (3), the producer who placed the product on the market shall submit a report to the Agency in accordance with sub-regulation (3).

• (5) The Agency may by notice in writing require the manufacturer, the manufacturer’s authorised representative or the producer who places the product on the market, as appropriate, to furnish within a specified period measurement results from the production sites and the measurement methods employed.

• (6) A manufacturer, the manufacturer’s authorised representative or the producer who places the product on the market in the State, as appropriate, on whom a notice under this regulation has been served, shall, within the period specified in the notice, comply with the terms thereof.

PART VII MISCELLANEOUS

Onus of proof on a producer

Collection of packaging waste

• (a) a local authority shall not be obliged to collect or arrange for the collection of packaging 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 recovery operator shall not accept packaging waste for disposal from a producer in accordance with regulation 5(1)(a)(ii)(II) 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 the producer will present packaging waste for collection in compliance with regulation 5.

• (2) Recovery operators, brokers and dealers shall furnish such information in relation to packaging waste collected, sorted, transferred, recycled, recovered or disposed of within a specified period, in such form and at such frequency as may be specified by the Agency.

Constituent materials in packaging waste

Authorised Persons

• (a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of An Garda Síochána) or equipment as he or she may consider necessary for the purpose, and

• (b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.

• (2) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has obtained a warrant from the District Court under paragraph 5(b) authorising such entry.

• (3) Every authorised person when exercising any power conferred on him or her by or under these Regulations, shall, if requested by any person affected, produce the certificate furnished to him or her under section 14(3) of the Act of 1996.

• (4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to these Regulations, the authorised person may therein, as appropriate—

• (a) make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,

• (b) make such copies of documents and records (including records in electronic form) found therein and take such samples,

• (c) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,

• (d) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,

• (e) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her, by or under these Regulations.

(5)(a) Where an authorised person in the exercise of his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court, in whose District the premises is located, for a warrant under this paragraph authorising the entry by the authorised person into the premises.

• (b) If on application being made to him or her under this paragraph, a Judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in paragraph (4) or (5).

• (6) An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Regulation, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána of whom he or she makes such a request shall comply therewith.

Offences

• (a) contravenes or fails to comply with a provision, or provisions, of these Regulations, or

• (b) provides information which is false or to his or her knowledge misleading in a material way, or

• (c) obstructs or interferes with an authorised person in the exercise of a power conferred by 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 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.

Prosecutions and Penalties

• (2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence on account of 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.

• (3) Without prejudice to paragraph (2), 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.

• (4) A person guilty of an offence under—

• (a) regulations 10 or 15 of these Regulations is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both,

• (b) any other regulation of these regulations is liable—

• (i) on summary conviction, to a class of fine or imprisonment for a term not exceeding 12 months, or both, or

• (ii) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.

• (5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under a Regulation of these Regulations, prosecuted by the Prosecutor, it shall, on the application of the Prosecutor (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Prosecutor.

• (6) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Prosecutor, the costs and expenses, measured by the court, incurred by the Prosecutor in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers engaged by the Prosecutor.

Revocation

• (2) This does not affect liability under the 2007 Regulations as amended for any offences committed before the date specified in regulation 3.

• (3) References to the Waste Management (Packaging) Regulations 2007 ( S.I. No. 798 of 2007 ) as amended in any Act or instrument made under such Act shall be construed as reference to these Regulations.

Application of Waste Management (Collection Permit) Regulations 2001