Beverage Containers Recycling (Amendment) Regulations, 2022

L.N. 235 of 2022

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Beverage Containers Recycling (Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister responsible for the

environment, after consultation with the Environment and Resources

Authority, has made the following regulations:-

The title of these regulations is the Beverage Containers

Recycling (Amendment) Regulations, 2022 and these regulations shall

be read and construed as one with the Beverage Containers Recycling

Regulations, hereinafter referred to as "the principal regulations" .

Sub-regulation (3) of regulation 1 of the principal

regulations shall be substituted by the following new sub-regulation

"(3) The scope of these regulations is to transpose

the provisions of Directive 94/62/EC of the European

Parliament and of the Council of the 20 December 1994 on

packaging and packaging waste and Article 8(2) and (4)

and Article 9 of Directive (EU) 2019/904 of the European

Parliament and of the Council of 5 June 2019 on the

reduction of the impact of certain plastic products on the

environment with respect to beverage containers, and the

provisions of these regulations, the Waste Management

(Packaging and Packaging Waste) Regulations and the

Single-Use Plastic Framework Regulations shall be

applied and interpreted accordingly.".

2022.

Sub-regulation (1) of regulation 8 of the principal

regulations shall be amended as follows

(a) in paragraph (j) thereof, the words "pursuant to

regulation 10; and" shall be substituted by the words "pursuant to

regulation 10;";

(b) in paragraph (k) thereof, the words "the success of the

Scheme." shall be substituted by the words "the success of the

Scheme; and"; and

(c)

immediately after paragraph (k) thereof there shall be

added the following new paragraph

"(l) without prejudice to sub-regulation (3) of

regulation 6 of the Extended Producer

Responsibility Framework Regulations, to cover the

following costs for the beverage containers listed in

the Second Schedule that are considered to be

single-use plastic products as defined in regulation 3

of the Single-Use Plastic Framework Regulations, in

2022. so far as not already included, by 31 December

2024

(i) the costs of the awareness raising

measures referred to in regulation 12 of the

Single-Use Plastic Framework Regulations;

2022. (ii) the costs of waste collection as

defined in regulation 4 of the Waste

Regulations for those products that are

discarded in public collection systems,

including the infrastructure and its operations,

and the subsequent transport and treatment of

that waste;

(iii) the costs of cleaning up litter

resulting from those products and the

subsequent transport and treatment of that

litter

Provided that the costs to be covered

referred to in this paragraph shall not exceed the

costs that are necessary to provide the services

referred to therein in a cost-efficient way and shall

be established in a transparent way between the

Agency, the operator and any other actors

concerned

Provided further that the costs of

cleaning up litter shall be limited to activities

undertaken by public authorities or on their behalf.

Such activities shall be subject to prior approval by

the Agency. The calculation methodology shall be

developed in a way that allows for the costs of

cleaning up litter to be established in a proportionate

way. To minimise administrative costs, the Minister

in consultation with the Authority and the Agency

may determine financial contributions towards the

costs of cleaning up litter by setting appropriate

multiannual fixed amounts.".

The Fifth Schedule to the principal regulations shall be

substituted by the following new Schedule

"Fifth Schedule

Collection Targets

Operator

(i)

Material Stream I: beverage containers made from metal –

From 1st January 2022 to 31st December 2022 - seventy per cent

(70%) in terms of weight of single use containers registered in terms of

the Scheme as having been placed on the market during the said

period.

1st January 2023 to 31st December 2023 - seventy per cent

(70%) in terms of weight of single use containers registered in terms of

the Scheme as having been placed on the market during the said

period.

1st January 2024 to 31st December 2024 - eighty per cent (80%)

in terms of weight of single use containers registered in terms of the

Scheme as having been placed on the market during the said period.

1st January 2025 to 31st December 2025 - eighty-five per cent

(85%) in terms of weight of the single use containers registered in

terms of the Scheme as having been placed on the market during the

said period.

1st January 2026 to 31st December 2026 and for every calendar

year thereafter - ninety per cent (90%) in terms of weight of single use

containers registered in terms of the Scheme as having been placed on

the market during the said period.

(ii) Material Stream II: beverage containers made from plastic

that are single-use plastic products as defined in regulation 3 of the

Single-Use Plastic Framework Regulations –

2022. From 1st January 2022 to 31st December 2022 - seventy per cent

(70%) in terms of weight of single use containers registered in terms of

the Scheme as having been placed on the market during the said

period.

1 January 2023 to 31st December 2023 - seventy per cent (70%)

in terms of weight of single use containers registered in terms of the

Scheme as having been placed on the market during the said period.

1st January 2024 to 31st December 2024 - eighty per cent (80%)

in terms of weight of single use containers registered in terms of the

Scheme as having been placed on the market during the said period.

1st January 2025 to 31st December 2025 - eighty-five per cent

(85%) in terms of weight of single use containers registered in terms of

the Scheme as having been placed on the market during the said

period.

1st January 2026 to 31st December 2026 and for every calendar

year thereafter - ninety per cent (90%) in terms of weight of single use

containers registered in terms of the Scheme as having been placed on

the market during the said period.

(iii) Material Stream III: beverage containers made from glass –

From 1st January 2022 to 31st December 2022 - seventy per cent

(70%) in terms of weight of single use containers registered in terms of

the Scheme as having been placed on the market during the said

period.

1st January 2023 to 31st December 2023 - seventy per cent

(70%) in terms of weight of single use containers registered in terms of

the Scheme as having been placed on the market during the said

period.

1st January 2024 to 31st December 2024 - eighty per cent (80%)

in terms of weight of single use containers registered in terms of the

Scheme as having been placed on the market during the said period.

1st January 2025 to 31st December 2025 - eighty-five per cent

(85%) in terms of weight of single use containers registered in terms of

the Scheme as having been placed on the market during the said

period.

1st January 2026 to 31st December 2026 and for every calendar

year thereafter - ninety per cent (90%) in terms of weight the single

use containers registered in terms of the Scheme as having been placed

on the market during the said period.

Producers of refillable beverage containers

From 1st January 2022 to 31st December 2022 - seventy per cent

(70%) in terms of weight of the refillable containers registered by the

producer as having been placed on the market during the said period.

1st January 2023 to 31st December 2023 - seventy per cent

(70%) in terms of weight of the refillable containers registered by the

producer as having been placed on the market during the said period.

1st January 2024 to 31st December 2024 - eighty per cent (80%)

in terms of weight of the refillable containers registered by the

producer as having been placed on the market during the said period.

1st January 2025 to 31st December 2025 - eighty-five per cent

(85%) in terms of weight of the refillable containers registered by the

producer as having been placed on the market during the said period.

1st January 2026 to 31st December 2026 and for every calendar

year thereafter - ninety per cent (90%) in terms of weight of the

refillable containers registered by the producer as having been placed

on the market during the said period.".

€0.45