S.I. No. 798/2007 - Waste Management (Packaging) Regulations 2007

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—

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

(ii) packaging and packaging material received, and as appropriate,

(iii) packaging and packaging material supplied,

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—

(i) accepted, and as appropriate,

(ii) collected, and as appropriate,

(iii) purchased,

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 article 5(1)(

a

).

7. The weight of packaging waste—

(i) recovered by or on behalf of the producer, and

(ii) recycled by or on behalf of the producer, and as appropriate,

(iii) accepted by each recovery operator,

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 article 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.

FOURTH SCHEDULE 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,

7 December 2007

JOHN GORMLEY.

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations replace the Waste Management (Packaging) Regulations 2003 as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 and the Waste Management (Packaging) (Amendment) Regulations 2006 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

(

a

) a minimum of 60% of packaging waste by weight is recovered; and

(

b

) a minimum of 55% of packaging waste by weight is recycled in total, including material specific recycling targets as follows

(i) 60% by weight for glass,

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

(iii) 50% by weight for metals,

(iv) 22.5% by weight for plastics, and

(v) 15% by weight for wood.

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.

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

2 O.J. No. L 47, 18.02.2004, page 26.

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

4 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).

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 article 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 [Article 15(4)].

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 article 10(5) 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 articles 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16 and 25 of these Regulations.

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 [Article 15(3)].

16. (1) Where, within the functional area of a local authority, a major producer operates more than one premises at or from which such major producer supplies packaging material, packaging or packaged products—

(

a

) the requirement to compile, maintain and submit quarterly reports under article 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 article 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 articles 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, and

(

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 (who is not the producer if the producer is a major producer) 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 article 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

17. (1) A producer to whom is granted a certificate by an approved body stating that such producer is participating, in a satisfactory manner, in a scheme for the recovery of packaging and packaging waste shall be exempt from the requirements of articles 10 to 16 and 25 unless and until—

(

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 article 20.

(2) A producer to whom sub-article (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 article 10(1)(

a

), a notice complying with the requirements specified in Part 4 of the Second Schedule.

Application to the Minister for approval

18. (1) A body corporate or association may apply to the Minister for approval for the purposes of this Part.

(2) An application for approval under sub-article (1) shall be made in writing and shall be accompanied by the following—

(

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 article 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 article.

Grant or refusal of approval

19. (1) Subject to sub-article (3), the Minister may, by notice in writing, grant approval to a body corporate or association for the purposes of this Part, or may refuse to grant such approval.

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

(3) An approval under sub-article (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 article 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 article.

(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 article.

Review and revocation of approval

20. (1) Subject to sub-article (2), where it appears to the Minister that new packaging waste recovery and recycling targets, including material specific recycling targets, need to be met, or where relevant packaging waste recovery and recycling targets, including material specific recycling targets, have not been or are not being met, or where, for some other reason the Minister considers it necessary in the interests of packaging waste recovery, the Minister may review an approval granted under article 19, or require the approved body to make a new application under article 18 for a renewal of an approval.

(2) Where the Minister proposes to review an approval, or require the making of a new application in accordance with articles 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 article 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-article (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 article 19, as the case may be.

(4) Where an approval under article 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 article 18.

(5) Subject to sub-article (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 article 19.

(6) Where the Minister proposes to revoke an approval granted under article 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

21. No person shall, otherwise than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body for use by producers certified by that approved body for the purposes of article 17.

Notifications to local authorities

22. An approved body shall, not later than the 7th day of each month, notify each local authority of any producer situate within the functional area of the authority in respect of which a certificate for the purposes of article 17 has been granted or revoked within the preceding calendar month.

Information to the Agency and the Central Statistics Office

23. An approved body shall furnish such information, in such form and at such frequency as may be specified by the Agency or the Central Statistics Office, in relation to activities carried out by producers or recovery operators registered with that body, for the purposes of complying with these Regulations.

PART V LOCAL AUTHORITY FUNCTIONS

Enforcement by local authorities

24. Each local authority shall be responsible for the enforcement of these Regulations within their functional areas and shall take such steps as are necessary for this purpose.

Power of local authority to require submission of information

25. (1) Subject to article 17 and sub-article (4), a local authority may, by notice in writing, require a producer to furnish within a specified period of not less than six weeks—

(

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-article (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 article 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-article (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-article (1).

Entries in a local authority register

26. (1) It is hereby prescribed that the register maintained by a local authority under section 19 of the Act shall contain entries specifying the following matters—

(

a

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

(

b

) the giving of a notice under article 25.

(2) Information received by a local authority in accordance with articles 13, 15 and 25 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

27. A local authority shall furnish such information within a specified period, in such form and at such frequency as may be specified by the Agency, in relation to activities carried out in the functional area of the authority, by major producers who have registered with the authority for the purposes of complying with these Regulations.

PART VI ESSENTIAL REQUIREMENTS OF PACKAGING

Essential requirements of packaging

28. (1) Subject to sub-article (2), a producer shall not supply packaging or packaged products to other persons within the State unless the packaging concerned complies with the requirements of the Fourth Schedule.

(2) Packaging shall be deemed to comply with the requirements of the Fourth Schedule 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 the Fourth Schedule.

Concentration of heavy metal in packaging and packaging material

29. (1) Subject to sub-article (2), and in accordance with Commission Decision 2001/171/EC

4

, packaging material and packaging shall not be imported, manufactured or used unless the aggregate concentration levels of lead, cadmium, mercury and hexavalant chromium present in such packaging material or packaging do not exceed 100 parts per million by weight.

(2) Subject to sub-articles (3) to (6), glass packaging may exceed the limit referred to in sub-article (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-article (3), the producer who placed the product on the market shall submit a report to the Agency in accordance with sub-article (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 article 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

30. In a prosecution for a contravention of articles 10, 11, 12, 13, 14 or 15 of these Regulations, a producer shall be deemed to be a major producer unless the said producer satisfies the Court that the contrary is the case.

Collection of packaging waste

31. (1) Notwithstanding any contractual arrangement to the contrary effect—

(

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 article 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 article 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

32. For the purpose of separating packaging waste into specified packaging waste types in accordance with article 5 in order to comply with a requirement of these Regulations, an item of packaging waste shall be deemed to be comprised of the constituent material which is proportionally largest by weight, and shall be categorised accordingly.

Revocation

33. (1) Article 17 of the Regulations of 2003 is hereby revoked from the day after the date of which notice of the making of these Regulations is published in the Iris Oifigiúil.

(2) Articles 1 to 16 and articles 18 to 31 of the Regulations of 2003 are hereby revoked from the 31st day of March 2008.

Transitional

34. A producer who registered with a local authority, in accordance with article 10 of the Regulations of 2003, and whose Certificate of Registration was granted by that local authority for the period up to and including the 31st day of December 2008 shall be deemed to have registered for the year 2008 under these Regulations.

Application of Waste Management (Collection Permit) Regulations 2001

35. The reference in article 22(

e

) of the Waste Management (Collection Permit) Regulations 2001 (

S.I. No. 402 of 2001

) to the Regulations of 1997 shall be deemed to be reference to these regulations and reference to article 5 of the Regulations of 1997 shall be deemed to be reference to article 5 of these Regulations, subject to any amendment that may be made to the Waste Management (Collection Permit) Regulations 2001 from time to time, but, if those regulations should be revoked, shall be subject to the corresponding article of such regulations corresponding to the Waste Management (Collection Permit) Regulations 2001 as may be for the time being in force.

FIRST SCHEDULE 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

Non-packaging

Flower pots intended to stay with the plant throughout its life

Tool boxes

Tea bags

Wax layers around cheese

Sausage skins

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

Non-packaging

Stirrer

Disposable cutlery

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 case

Sticky labels attached to another packaging item

Staples

Plastic sleeves

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

SECOND SCHEDULE REQUIREMENTS REGARDING NOTICES

PART 1

Requirements regarding a notice under article 10(1)(

a

).

A notice for the purpose of article 10(1)(

a

) shall—

(

a

) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width,

(

b

) be so printed in black indelible ink with a Times New Roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

(

c

) not be obscured or concealed at any time, and

(

d

) state the following—

“WASTE MANAGEMENT ACTS 1996 TO 2007

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 article 15(1).

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

(

a

) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width,

(

b

) be so printed in black indelible ink with a Times New Roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

(

c

) not be obscured or concealed at any time, and

(

d

) state the following—

“WASTE MANAGEMENT ACTS 1996 TO 2007

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

(

e

) be affixed until the preparation of a revised three-year implementation plan subsequent to the provisions of article 15(2).

PART 3

Requirements regarding a notice under article 15(2).

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

(

a

) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width,

(

b

) be so printed in black indelible ink with a Times New Roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

(

c

) not be obscured or concealed at any time, and

(

d

) state the following—

“WASTE MANAGEMENT ACTS 1996 TO 2007

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 article 17(2).

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

(

a

) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width,

(

b

) be so printed in black indelible ink with a Times New Roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

(

c

) not be obscured or concealed at any time, and

(

d

) state the following—

“WASTE MANAGEMENT ACTS 1996 TO 2007

[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 article 10(5).

A notice for the purpose of article 10(5) shall state the following—

“WASTE MANAGEMENT ACTS 1996 TO 2007

[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].”.

THIRD SCHEDULE 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 [Article 14(1)].