IE
S.I. No. 282/2014 - European Union (Packaging) Regulations 2014.
Table of Provisions (37)
Statutory Text (37 Articles)
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 regulation 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 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
(
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, 31.12.94, 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).
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)].
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)].
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 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
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 regulations 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 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
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-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
19. (1) Subject to sub-regulation (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 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
20. (1) Subject to sub-regulation (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 regulation 19, or require the approved body to make a new application under regulation 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 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
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 regulation 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 regulation 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 regulation 17 and sub-regulation (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-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
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 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
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 whom 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-regulation (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 Schedule 4.
(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
29. (1) Subject to sub-regulation (2), and in accordance with Commission Decision 2001/171/EC
8
, 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-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
30. In a prosecution for a contravention of regulations 10, 11, 12, 13, 14 or 15, 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 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
32. For the purpose of separating packaging waste into specified packaging waste types in accordance with regulation 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.
Authorised Persons
33. (1) An authorised person may, for any purpose connected with these Regulations
(
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
34. (1) Any person who—
(
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
35. (1) A prosecution for a summary offence on account of contravention or failure to comply with these Regulations may be taken by the Agency or relevant local authority as appropriate.
(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
36. (1) The Waste Management (Packaging) Regulations 2007 (
S.I. No. 798 of 2007
) as amended by European Union (Waste Packaging) Amendment Regulations 2013 are revoked with effect from the date specified in regulation 3.
(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
37. The reference in regulation 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 regulation 5 of the Regulations of 1997 shall be deemed to be reference to regulation 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 regulation of such regulations corresponding to the Waste Management (Collection Permit) Regulations 2001 as may be for the time being in force.
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—
(
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 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—
(
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 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
(
e
) be affixed until the preparation of a revised three-year implementation plan subsequent to the provisions of regulation 15(2).
PART 3 — Requirements regarding a notice under regulation 15(2).
A notice for the purpose of regulation 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 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—
(
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 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)].