Circular Economy and Miscellaneous Provisions Act 2022

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Circular Economy and Miscellaneous Provisions Act 2022.

(2) This Act, other than Part 7, shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definitions

2. In this Act—

“Act of 1996” means the Waste Management Act 1996;

“Act of 1997” means the Litter Pollution Act 1997;

“Agency” means the Environmental Protection Agency;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

“local authority” has the meaning given to it by the Local Government Act 2001;

“Minister” means the Minister for the Environment, Climate and Communications;

“prescribed” means prescribed by regulations made by the Minister.

3. Regulations

3. (1) The Minister may make regulations for the purpose of enabling any provision of this Act to have effect or to provide for any matter referred to in this Act as prescribed or to be prescribed and different regulations under this section may be made in respect of different classes of matter the subject of the prescribing concerned.

(2) Without prejudice to the provisions of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations concerned.

(3) Every regulation made under this Act and every order made under section 8(3) shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulations or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

5. Repeals and revocations

5. (1) Section 72 of the Act of 1996 is repealed.

(2) Section 74 of the Act of 1996 is repealed.

(3) The following statutory instruments are revoked:

(a) Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007);

(b) Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 (S.I. No. 605 of 2001).

PART 2 Provisions relating to the circular economy

6. Interpretation (Part 2)

6. In this Part—

“circular economy” means an economic model and the policies and practices which give effect to that model in which—

(a) production and distribution processes in respect of goods, products and materials are designed so as to minimise the consumption of raw materials associated with the production and use of those goods, products and materials,

(b) the delivery of services is designed so as to reduce the consumption of raw materials,

(c) goods, products and materials are kept in use for as long as possible thereby further reducing the consumption of raw materials and impacts harmful to the environment,

(d) the maximum economic value is extracted from goods, products, and materials by the persons using them, and

(e) goods, products and materials are recovered and regenerated at the end of their useful life;

“Circular Economy Fund” means the fund established under section 8;

“circular economy programme” has the meaning given to it by section 10;

“circular economy strategy” has the meaning given to it by section 7;

“climate action plan” has the meaning given to it by section 4(1)(a) of the Climate Action and Low Carbon Development Act 2015;

“environmental levy” has the meaning given to it by section 11;

“lightweight plastic bag” means a plastic bag with a wall thickness less than 50 microns but does not include a very lightweight plastic bag;

“material wastage”, in relation to a single-use item or class of single-use items, means the likelihood of the item or class to be discarded and become waste after the primary purpose for which it is used has been fulfilled;

“National Biodiversity Action Plan” means the National Biodiversity Action Plan 2017-2021 published by the Government on 5 October 2017 or any document published by the Government which amends or replaces that plan;

“National Development Plan” means the National Development Plan 2018-2027 published by the Government on 16 February 2018 or any document published by the Government which amends or replaces that plan;

“National Disability Inclusion Strategy” means the National Disability Inclusion Strategy 2017-2021 published by the Government on 14 July 2017 or any document published by the Government which amends or replaces that strategy;

“National Marine Planning Framework” means the National Marine Planning Framework within the meaning of section 69(6) of the Planning and Development (Amendment) Act 2018;

“National Planning Framework” means the National Planning Framework referred to in Chapter IIA of Part II of the Planning and Development Act 2000;

“National Policy Statement on the Bioeconomy” means the National Policy Statement on the Bioeconomy published by the Government on 12 March 2018 or any document published by the Government which amends or replaces that statement;

“oxo-degradable plastic” means plastic materials that include additives which catalyse the fragmentation of the plastic material into micro-fragments;

“oxo-degradable plastic bag” means a plastic bag made of oxo-degradable plastic;

“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;

“plastic” means a polymer within the meaning of Article 3(5) of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council[^5], to which additives or other substances may have been added, and which is capable of functioning as a main structural component of bags;

“plastic bag” means a bag, including, in particular, a lightweight plastic bag, oxo‑degradable plastic bag or very lightweight plastic bag, that—

(a) is made wholly or in part of plastic, and

(b) is suitable for use by a customer at the point of sale in a supermarket, service station or such other class or classes of retail premises as may be prescribed,

other than a bag which falls within a class of bag specified in regulations under section 11(1) as being a class of bag excepted from this definition;

“premises” includes a building or any part of a building, any outdoor space surrounding or adjacent to the premises, whether or not used in conjunction with the premises, any land, premises, tent, caravan, or other temporary or moveable structure, ship or other vessel, aircraft, railway carriage or other vehicle (whether stationary or otherwise) and any storage container;

“product” has the meaning given to it by section 5 of the Act of 1996;

“re-usable” in relation to a product, means conceived, designed or placed on the market so as to accomplish, within a single life span of the product, multiple trips or rotations by being refilled for, or put to, the same purpose for which the product was conceived, designed or placed on the market;

“re-usable alternative item” means a re-usable container, re-usable cup or re-usable packaging that is an alternative to a single-use container, single-use cup or single-use packaging, as the case may be;

“relevant re-usable alternative item” means a re-usable alternative item that belongs to a class of re-usable alternative item prescribed under section 11(1)(a)(v);

“Roadmap for Social Inclusion” means the Roadmap for Social Inclusion 2020-2025 published by the Government on 14 January 2020 or any document published by the Government which amends or replaces that roadmap;

“service station” has the meaning given to it by section 5 of the Act of 1996;

“single-use container” means a container which—

(a) is conceived, designed or placed on the market to hold food that is ready to be consumed without any further preparation such as by cooking, boiling or heating, and

(b) is not re-usable,

other than a container which falls within a class of container specified in regulations under section 11(1) as being a class of container excepted from this definition;

“single-use cup” means a cup which—

(a) is conceived, designed or placed on the market to hold a beverage, and

(b) is not re-usable,

other than a cup which falls within a class of cup specified in regulations under section 11(1) as being a class of cup excepted from this definition;

“single-use item” means a single-use container, single-use cup, single-use packaging, a relevant re-usable alternative item or a plastic bag, as the case may be;

“single-use packaging” means packaging which—

(a) is conceived, designed or placed on the market, and

(b) is not re-usable,

other than packaging which falls within a class of packaging specified in regulations under section 11(1) as being a class of packaging excepted from this definition;

“supply”, in relation to a single-use item, includes the sale of the single-use item;

“United Nations Sustainable Development Goals” means the United Nations Sustainable Development Goals 1 to 17 set out in the document entitled “Transforming our World: The 2030 Agenda for Sustainable Development, published by the UN Department of Economic and Social Affairs 2015” or any document which amends or replaces that document;

“very lightweight plastic bag” means a plastic bag with a wall thickness less than 15 microns which is—

(a) required for hygiene purposes, or

(b) provided as primary packaging for loose food when this helps to prevent food wastage;

“Waste Action Plan for a Circular Economy” means the Waste Action Plan for a Circular Economy 2020-2025 published by the Government on 4 September 2020 or any document published by the Government which amends or replaces that Plan.

7. Circular economy strategy

7. (1) The Minister shall, prepare and submit to the Government for their approval, with such modifications (if any) as they consider appropriate, a strategy (in this Part referred to as a “circular economy strategy”) setting out the policy, objectives and priorities for the time being of the Government in relation to the circular economy.

(2) The first circular economy strategy shall be prepared and submitted under subsection (1) not later than 6 months after the date on which this section comes into operation and thereafter a circular economy strategy shall be prepared and submitted under that subsection not less than once in every period of 3 years after the date on which the most recent circular economy strategy was published in accordance with subsection (8).

(3) Before the Minister submits a circular economy strategy to the Government for their approval under this section, he or she shall—

(a) consult with—

(i) members of the public in such manner as he or she considers appropriate,

(ii) such bodies, as he or she considers appropriate, representing economically or socially disadvantaged persons or persons who have a disability, and

(iii) such other persons, if any, as he or she considers appropriate,

in relation to the proposed strategy, and

(b) ensure that a poverty impact assessment in respect of the strategy has been carried out.

(4) The Minister shall, as soon as may be, after a circular economy strategy has been approved by the Government in accordance with this section cause that circular economy strategy to be laid before each House of the Oireachtas.

(5) In making a circular economy strategy, the Minister shall, in particular, take the following into account:

(a) the Waste Action Plan for a Circular Economy;

(b) the climate action plan;

(c) the National Biodiversity Action Plan;

(d) the National Policy Statement on the Bioeconomy, including as it relates to technologies such as anaerobic digestion;

(e) the National Disability Inclusion Strategy;

(f) the Roadmap for Social Inclusion;

(g) the Programme for Government;

(h) the National Development Plan;

(i) the National Planning Framework;

(j) the National Marine Planning Framework;

(k) the law of the European Union;

(l) United Nations Sustainable Development Goals.

(6) (a) For the purposes of the development of the circular economy, the circular economy strategy—

(i) shall set out targets, in accordance with paragraph (b), in respect of each of the following sectors of the economy:

(I) construction;

(II) agriculture;

(III) retail;

(IV) packaging;

(V) textiles;

(VI) electronic equipment,

(ii) may set out targets, in accordance with paragraph (b), in relation to such sectors of the economy other than those referred to in subparagraph (i), if any, as the Minister considers appropriate, and

(iii) shall promote the use of criteria relating to the circular economy in public procurement.

(b) The targets to be set out in respect of a sector of the economy under paragraph (a)(i) or (ii) shall include any or all of the following as the Minister considers appropriate for the sector concerned:

(i) reductions in material resource consumption and the use of non-recyclable materials;

(ii) increases in the use of re-usable products and materials;

(iii) increased levels of repair and re-use of products and materials;

(iv) improved maintenance and optimised use of goods, products and materials.

(c) The Minister shall consult with such other Minister of the Government, if any, as he or she considers appropriate in relation to the targets to be set out in the strategy.

(d) The Minister shall, in relation to those sectors of the economy in respect of which targets have been set out in the strategy in accordance with this subsection, promote the entering into by participants in those sectors, on a voluntary basis, of sectoral agreements in respect of those targets.

(7) The circular economy strategy shall set out—

(a) actions that are reasonably necessary to support Government policy on the circular economy, including measures to inform, and promote dialogue with, the public regarding the challenges and opportunities in the transition to a circular economy, and

(b) actions necessary to meet the targets set out in the strategy.

(8) The Minister shall publish, on a website maintained by or on behalf of the Minister or the Government—

(a) the circular economy strategy approved by the Government under this section, and

(b) on an annual basis, a report prepared by or on behalf of the Minister on the implementation of the strategy and the progress made in relation to—

(i) reaching the targets set out in the strategy in accordance with subsection (6), and

(ii) the taking of the actions set out in the strategy in accordance with subsection (7).

8. Circular Economy Fund

8. (1) There shall stand established on the coming into operation of this section a fund which shall be known as the “Circular Economy Fund” and such monies (if any) that are standing to the credit of the Environment Fund on that date shall accrue to the benefit of the Circular Economy Fund on and from that date.

(2) Subject to subsection (3), the Minister shall manage and control the Circular Economy Fund.

(3) (a) The Minister may by order delegate the management and control of all or part of the Circular Economy Fund and any other functions under this section related to such management and control to a specified person and functions so delegated shall, accordingly, be performable by that person.

(b) An order under paragraph (a) may contain such ancillary and incidental provisions as the Minister considers necessary or expedient for the purposes of the delegation effected by the order.

(c) The Minister may give directions or issue guidelines to the person to whom a delegation is made under paragraph (a) in relation to the performance by the person of the functions delegated to the person by the order and that person shall comply with any such directions and perform those functions in accordance with any such guidelines.

(d) The Minister shall, before giving directions or guidelines under paragraph (c), consult with such other Minister of the Government, if any, as he or she considers appropriate.

(4) The Circular Economy Fund shall consist of such accounts in such financial institutions as the Minister may determine.

(5) The Minister shall keep all proper and usual accounts of all monies paid into the Circular Economy Fund and disbursements from the Circular Economy Fund.

(6) As soon as may be after the end of each financial year, the Minister shall submit the accounts of the Circular Economy Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of the accounts so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas as soon as practicable after he or she has received them.

(7) Subject to, and in accordance with, regulations under section 53C, 73 or 73A of the Act of 1996 or section 11(1), there shall be paid into the Circular Economy Fund the amounts specified in those regulations of financial resources or levy collected or recovered thereunder.

(8) The Minister may, out of monies provided by the Oireachtas, pay into the Circular Economy Fund in any financial year, such amount as he or she determines, with the consent of the Minister for Public Expenditure and Reform, in relation to that financial year.

(9) Without prejudice to subsection (13), the Minister may, from time to time, pay out of the Circular Economy Fund such amount of monies as he or she considers appropriate for any or all of the following purposes:

(a) to assist, support or promote any programmes or schemes established for the prevention or reduction of waste or the establishment of such programmes or schemes;

(b) to assist, support or promote any programmes or schemes established to support the circular economy or the establishment of such programmes or schemes;