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

Type Statutory Instrument
Publication 2014-06-20
Last updated 2025-05-09
State Partially repealed superseded text
Text As published
articles 37

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 2025-05-09, S.I. No. 167/2025 - European Union (Packaging) (Amendment) Regulations 2025

Reform history JSON API

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

PART 1

Illustrative examples for criterion (i).

Packaging

Sweet boxes

Film overwrap around a CD case

Mailing pouches for catalogues and magazines (with a magazine inside)

Cake doilies sold with a cake

Rolls, tubes and cylinders around which flexible material (e.g. plastic film, aluminium, paper) is wound, except rolls, tubes and cylinders intended as parts of production machinery and not used to present a product as a sales unit

Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time

Glass bottles for injection solutions

CD spindles (sold with CDs, not intended to be used as storage)

Clothes hangers (sold with a clothing item)

Matchboxes

Sterile barrier systems (pouches, trays and materials necessary to preserve the sterility of the product)

Beverage system capsules (e.g. coffee, cacao, milk) which are left empty after use

Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers

Non-packaging

Flower pots intended to stay with the plant throughout its life time

Tool boxes

Tea bags

Wax layers around cheese

Sausage skins

Clothes hangers (sold separately)

Beverage system coffee capsules, coffee foil pouches, and filter paper coffee pods disposed together with the used coffee product

Cartridges for printers

CD, DVD and video cases (sold together with a CD, DVD or video inside)

CD spindles (sold empty, intended to be used as storage)

Soluble bags for detergents

Grave side lights (containers for candles)

Mechanical quern (integrated in a refillable recipient, e.g. refillable pepper mill)

PART 2

Illustrative examples for criterion (ii)

Packaging, if designed and intended to be filled at the point of sale

Paper or plastic carrier bags

Disposable plates and cups

Cling film

Sandwich bags

Aluminium foil

Plastic foil for cleaned clothes in laundries

Non-packaging

Stirrer

Disposable cutlery

Wrapping paper (sold separately)

Paper baking cases (sold empty)

Cake doilies sold without a cake

PART 3

Illustrative examples for criterion (iii).

Packaging

Labels hung directly on or attached to a product

Part of packaging

Mascara brush which forms part of the container closure

Sticky labels attached to another packaging item

Staples

Plastic sleeves

Device for measuring dosage which forms part of the container closure for detergents

Mechanical quern (integrated in a non-refillable recipient, filled with a product, e.g. pepper mill filled with pepper)

Non-packaging

Radio frequency identification (RFID) tags

SCHEDULE 2 REQUIREMENTS REGARDING NOTICES

PART 1 — Requirements regarding a notice under regulation 10(1)(a).

A notice for the purpose of regulation 10(1)(a) shall—

“WASTE MANAGEMENT ACT 1996

We are required to accept on these premises, free of charge, for the purpose of recovery, packaging waste arising from products, packaging or packaging material of a type or brand sold or otherwise supplied on these premises. The products or packaging in question need not necessarily have been purchased from [name of producer]. ”.

PART 2 — Requirements regarding a notice under regulation 15(1).

A notice for the purpose of regulation 15(1) shall—

“WASTE MANAGEMENT ACT 1996

A three-year implementation plan specifying the steps to be taken by [name of producer] for the purpose of recovering packaging waste is available at these premises or, if so requested, will be sent by post, fax or electronic mail. ”

and

PART 3 — Requirements regarding a notice under regulation 15(2).

A notice for the purpose of regulation 15(2) shall—

“WASTE MANAGEMENT ACT 1996

The following documentation is available at these premises—

  • (i) An annual report specifying the steps taken by [name of producer] for the purpose of recovering packaging waste in the preceding calendar year, and

  • (ii) A three-year implementation plan specifying the steps which [name of producer] proposes to take to recover, prevent and minimise packaging waste,

and if so requested, will be sent by post, fax or electronic mail.”.

PART 4 — Requirements regarding a notice under regulation 17(2).

A notice for the purpose of regulation 17(2) shall—

“WASTE MANAGEMENT ACT 1996

[Name of producer] participates in a scheme operated by [name of approved body] which is an approved body for the recovery of packaging waste. [Name of producer] is therefore not required to accept packaging waste on these premises. ”.

PART 5 — Requirements regarding a notice under regulation 10(4).

A notice for the purpose of regulation 10(4) shall state the following—

“WASTE MANAGEMENT ACT 1996

[Name of producer]

[Address of premises]

We are required to accept at [insert address of premises], free of charge, for the purpose of recovery, packaging waste of the following categories [insert packaging types]. The products or packaging in question need not necessarily have been purchased from [name of producer].”.

SCHEDULE 3 INFORMATION TO BE COMPILED, MAINTAINED AND SUBMITTED

PART 1 — Information to be provided for the purpose of registration in respect of each premises from which packaging material, packaging or packaged products are or will be supplied [regulation 14(1)].

1.

Name(s), address, telephone number, electronic mail address and fax number of the registered office of the producer where that producer is a company registered under the Companies Acts 1963 to 2001, or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.

2.

Name, address, telephone number, electronic mail address and fax number of branch nominated by the producer under regulation 13(7).

3.

Name(s) and address(es) of owner(s).

4.

Nature of business conducted, including the appropriate NACE code to which the business relates. Please include a summary of the overall activities of the producer (i.e. from all relevant activities within the State and in respect of each type of packaging material, an aggregate weight, as appropriate, of packaging received, packaging supplied, packaging on products imported and supplied, packaging on products pack-filled, packaging accepted and/or collected, packaging purchased, packaging destined for reuse, packaging recovered, packaging recycled) in the preceding twelve month period prior to the date of application.

5.

Location of premises at or from which packaging or packaged products are or will be supplied by the producer (including a premises to which regulation 10(2) applies).

6.

Where appropriate—

by the producer in the twelve month period prior to the date of application, in respect of each type of packaging material;

in the twelve month period prior to the date of application, in respect of each type of packaging material.

7.

A three-year implementation plan specifying the steps to be taken for the purpose of complying with the Regulations, including the steps proposed to be taken to prevent and minimise packaging waste.

PART 2 — Information to be provided for the purpose of renewal of registration in respect of each premises from which packaging material, packaging or packaged products are or will be supplied [regulation 14(2)].

1.

Name(s), address, telephone number, electronic mail address and fax number of the registered office of the producer where that producer is a company registered under the Companies Acts 1963 to 2001, or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.

2.

Name, address, telephone number, electronic mail address and fax number of branch nominated by the producer under regulation 13(7).

3.

A summary of the overall activities of the producer (i.e. from all relevant activities within the State and in respect of each type of packaging material, an aggregate weight, as appropriate, of packaging received, packaging supplied, packaging on products imported and supplied, packaging on products pack-filled, packaging accepted and/or collected, packaging purchased, packaging destined for reuse, packaging recovered, packaging recycled) in the preceding twelve month period.

4.

The weight of—

by the producer in the preceding registration period, in respect of each type of packaging material.

5.

The name and address of producers from whom packaging and packaged products was/were received in the preceding registration period.

6.

The weight of packaging waste—

by the producer in the preceding registration period, in respect of each type of packaging material.

7.

Where appropriate, the weight of packaging—

in the preceding registration period, in respect of each type of packaging material.

8.

The name and address of any producer who accepted the transfer of packaging waste from the producer concerned in the preceding registration period, and the weight of such waste so accepted by each such producer in respect of each type of packaging material.

9.

Details of the recovery operators (including details of their waste collection permits) used for the recovery of packaging waste during the preceding registration period for the purposes of regulation 5(1)(a).

10.

The weight of packaging waste—

in the preceding registration period, in respect of each type of packaging material.

11.

The name and address of any producer, dealer, broker or recovery operator from whom packaging waste was purchased, either directly or indirectly, in the preceding registration period for the purposes of fulfilling the obligations of regulation 11, the weight of such purchased packaging waste by each type of packaging material, and any relevant corroboratory documentation in support of such transactions including a declaration, signed by a competent person, to confirm 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.

12.

The weight of packaging waste disposed of or consigned for disposal by the producer during the preceding registration period in respect of each type of packaging material, and the nature of the disposal operations involved.

13.

Copies of any notices placed in newspapers, including details of the titles and publication dates for the notices in the newspapers concerned, circulating in the functional area of the local authority concerned for the purposes of regulation 10(4) in the preceding registration period.

14.

An annual report specifying the steps taken to comply with the regulations in the preceding registration period. The report shall include a declaration from a competent person having due regard to the records of the major producer, that the competent person is of the opinion that the major producer has complied with the provisions of regulations 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16 and 25.

15.

A revised three-year implementation plan, having regard to experience in the preceding registration period, specifying the steps to be taken to comply with the Regulations, including the steps proposed to be taken to prevent or minimise packaging waste.

PART 3 — Information to be provided in a three-year implementation plan [regulation 15(4)].

1.

Name(s), address, telephone number, electronic mail address and fax number of the registered office of the producer where that producer is a company registered under the Companies Acts 1963 to 2001, or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.

2.

The location of premises at which packaging or packaged products are supplied by the producer (including a premises to which regulation 10(2) applies).

3.

The estimated weight of—

in each of the three years to which the implementation plan refers, in respect of each type of packaging material.

4.

The estimated weight of packaging waste that will be—

by the producer in each of the three years to which the implementation plan refers, in respect of each type of packaging material and a description of the facilities that the producer intends to put in place for the acceptance, segregation and storage of packaging waste in accordance with these Regulations.

5.

Details of the recovery operators (including details of their waste collection permits) that will be used by the producer for the recovery of packaging waste in each of the three years to which the implementation plan refers for the purposes of regulation 5(1)(a).

6.

The estimated weight of packaging waste that will be—

in each of the three years to which the implementation plan refers, in respect of each type of packaging material.

7.

The name and address of any producer, dealer, broker or recovery operator from whom packaging waste may be purchased, either directly or indirectly, for the purposes of fulfilling the obligations of regulation 11 in each of the three years to which the implementation plan refers, and the estimated weight of any such packaging waste that may be purchased by material type.

8.

The estimated weight of packaging waste that will be disposed of or consigned for disposal by the producer in respect of each type of packaging material in each of the three years to which the implementation plan refers, and the nature of the disposal operations involved.

9.

Proposals in relation to the steps that the producer intends to take to prevent or minimise packaging waste arising on the producer’s premises, including any steps to promote the use of packaging destined for reuse where such packaging destined for reuse will be subject to operations by which it will be returned to the producer for the purpose of it being refilled or used for the same purpose for which it was conceived.

10.

A brief description of any technical or supporting documentation that the producer can make available to demonstrate that packaging material or, as appropriate, packaging supplied by the producer in the State conforms with the essential requirements of packaging in accordance with regulation 28 and Schedule 4 of these Regulations.

11.

Proposals in relation to record keeping, in particular but not exclusively, to facilitate the reporting of the recovery and recycling targets, including the material specific recycling targets, in accordance with regulation 11 of these Regulations.

12.

A summary of the overall activities of the producer (i.e. from all relevant activities within the State) anticipated in each of the three years to which the implementation plan refers.

PART 4 — Information to be provided in an annual report [regulation 15(4)].

1.

Name(s), address, telephone number, electronic mail address and fax number of the registered office of the producer where that producer is a company registered under the Companies Acts 1963 to 2001, or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.

2.

The location of premises at which packaging or packaged products are supplied by the producer (including a premises to which regulation 10(2) applies).

3.

The weight of—

in the preceding registration period, in respect of each type of packaging material.

4.

The weight of packaging waste—

by the producer in the preceding registration period, in respect of each type of packaging material.

5.

The name and address of any producer who accepted the transfer of packaging waste from the producer concerned in the preceding registration period, and the weight of such waste so accepted by each such producer in respect of each type of packaging material.

6.

Details of the recovery operators (including details of their waste collection permits) used for the recovery of packaging waste during the preceding registration period for the purposes of regulation 5(1)(a).

7.

The weight of packaging waste—

in the preceding registration period, in respect of each type of packaging material.

8.

The name and address of any producer, dealer, broker or recovery operator from whom packaging waste was purchased, either directly or indirectly, for the purposes of fulfilling the obligations of regulation 11 in the preceding registration period, and the weight of such purchased packaging waste by material type.

9.

The weight of packaging waste disposed of or consigned for disposal by the producer in respect of each type of packaging material during the preceding registration period, and the nature of the disposal operations involved.

10.

A summary of the overall activities of the producer (i.e. from all relevant activities within the State) in the preceding period to which the registration applied.

PART 5 — Information to be provided in a quarterly report [regulation 15(7)].

1.

Name(s), address, telephone number, electronic mail address and fax number of the registered office of the producer where that producer is a company registered under the Companies Acts 1963 to 2001, or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.

2.

The weight of—

by the producer in the preceding quarterly period, in respect of each type of packaging material.

3.

The name and address of producers from whom packaging and packaged products was/were received in the preceding quarterly period.

4.

The weight of packaging waste—

by the producer in the preceding quarterly period, in respect of each type of packaging material.

5.

The name and address of any producer who accepted the transfer of packaging waste from the producer concerned in the preceding quarterly period, and the weight of such waste so accepted by each such producer in respect of each type of packaging material.

6.

Details of the recovery operators (including details of their waste collection permits) used during the preceding quarterly period for the purposes of regulation 5(1)(a).

7.

The weight of packaging waste—

in the preceding quarterly period, in respect of each type of packaging material.

8.

The name and address of any producer, dealer, broker or recovery operator from whom packaging waste was purchased, either directly or indirectly, in the preceding quarterly period for the purposes of fulfilling the obligations of regulation 11, the weight of such purchased packaging waste in respect of each type of packaging material, and any relevant corroboratory documentation in support of such transactions, including a declaration, signed by a competent person, to confirm 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.

9.

The weight of packaging waste disposed of or consigned for disposal by the producer in respect of each type of packaging material, and the nature of the disposal operations involved, in the preceding quarterly period.

10.

A summary of the overall activities of the producer (i.e. from all relevant activities within the State and in respect of each type of packaging material, an aggregate weight, as appropriate, of packaging received, packaging supplied, packaging on products imported and supplied, packaging on products pack-filled, packaging accepted and/or collected, packaging purchased, packaging destined for reuse, packaging recovered, packaging recycled) in the preceding quarterly period.

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

1.Requirements specific to the manufacturing and composition of packaging.

Packaging shall be so manufactured that the packaging volume and weight be limited to the minimum adequate amount to maintain the necessary level of safety, hygiene and acceptance for the packed product to the consumer.

Packaging shall be designed, produced and placed on the market in such a way as to permit its reuse or recovery, including recycling, and to minimise its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.

Packaging shall be so manufactured that the presence of noxious and other hazardous substances and materials as constituents of the packaging material or any of the packaging components is minimised with regard to their presence in emissions, ash or leachate when packaging or residues from management operations or packaging waste are incinerated or landfilled.

2.Requirements specific to the reusable nature of packaging.

The following requirements must be simultaneously satisfied—

— the physical properties and characteristics of the packaging shall enable a number of trips or rotations in normally predictable conditions of use;

— the possibility that the used packaging may be processed in order to meet health and safety requirements for the workforce;

— fulfil the requirements specific to recoverable packaging when the packaging is no longer used and thus becomes waste.

3.Requirements specific to the recoverable nature of packaging.

(a)Packaging recoverable in the form of material recycling

Packaging must be manufactured in such a way as to enable the recycling of a certain percentage by weight of the materials used into the manufacture of marketable products, in compliance with current standards in the European Union. The establishment of this percentage may vary, depending on the type of material of which the packaging is composed.

(b)Packaging recoverable in the form of energy recovery

Packaging waste processed for the purpose of energy recovery shall have a minimum inferior calorific value to allow optimisation of energy recovery.

(c)Packaging recoverable in the form of composting

Packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it should not hinder the separate collection and the composting process or activity into which it is introduced.

(d)Biodegradable packaging

Biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, biomass and water.

Given under my Official Seal,

14 June 2014.

PHIL HOGAN,

Minister for the Environment Community and Local Government.

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 (Packaging) Regulations 2007 as amended and are designed to promote the recovery and recycling of packaging waste. They are intended, in particular, to facilitate the achievement of the targets for the recovery of packaging waste established by Directive 94/62/EC on packaging and packaging waste as amended by European Parliament and Council Directive 2004/12/EC of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste, so that by 31st December 2008:

The Regulations impose obligations on producers who supply packaging (i.e. packaging material, packaging or packaged products) to the Irish market. An exemption from certain obligations is available to major producers who participate in a packaging waste recovery scheme operated by an approved body.

The Regulations provide that a producer may not supply packaging or packaged products to the Irish market unless the packaging concerned complies with specified essential requirements as to its nature and composition.

The Regulations also provide for limits on the concentration levels of certain heavy metals in packaging.

Footnotes

1

O.J. No. L 365, 31.12.94, page 10.

2

O.J. No. L 47, 18.02.04, page 26.

3

O.J. No. L 37, 8.02.13, page 10.

4

O.J. No. L 365, 31.12.1994, page 10.

5

O.J. No. L 47, 18.02.04, page 26.

6

O.J. No. L 37, 8.02.13, page 10.

7

O.J. No. L 114, 27.04.2006, page 9.

8

O.J. No. L 62, 02.03.2001, page 20; last amended by Commission Decision 2006/340/EC (O.J. No. L 125, 12.05.2006, page 43).

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