Free Tickets to see The Pipe in the IFI

Regular readers will know that Tuppenceworth is interested in the transpirings and doings around Rossport and the Corrib estuary over the last few years.

There is currently, as in this week, an Irish produced documentary in the Art House cinema of Ireland, the IFI.

The Pipe has won awards on the festival circuit, and has picked up some very strong reviews. Unfortunately, it has also seen its precious and rare cinema release coincide with the shutting-down of the country due to ice and cold.

So, as a little gesture of support, I’m offering to buy a pair of tickets to see the show in the IFI next week for the first person to leave me a comment here. Just tell me the day and time you want and I’ll look after the rest.

Roll up, roll up for the great gas giveaway!

6 Comments

  • Blatantlyfalse says:

    Yes, please: Friday at 19:20?

  • EWI says:

    Dagnabbit, too late.

    You still connected with DRi, Mr. McGarr? I have a query.

  • 2 [282]
    S.I. No. 282 of 2014
    EUROPEAN UNION (PACKAGING) REGULATIONS 2014
    INDEX
    PART I
    PRELIMINARY AND GENERAL
    1. Citation.
    2. Purpose of Regulations.
    3. Commencement.
    4. Interpretation generally.
    PART II
    PRIMARY OBLIGATIONS ON ALL PRODUCERS
    5. Packaging waste arising on a producer’s premises.
    6. Information on packaging destined for reuse.
    7. Information on the weight of packaging.
    8. Obligation regarding recovery operators.
    PART III
    ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS
    9. Application of Part III and regulation 25.
    10. Requirements on major producers to recover and recycle packaging waste.
    11. Recovery and recycling targets for major producers.
    12. Purchase of packaging waste.
    13. Registration and certification of major producers.
    14. Application for registration or renewal of registration.
    15. Implementation plans, annual reports and quarterly reports.
    16. Application of requirements.
    PART IV
    APPROVED BODIES
    17. Exemption from certain requirements.
    [282] 3
    18. Application to the Minister for approval.
    19. Grant or refusal of approval.
    20. Review and revocation of approval.
    21. Use of logo adopted by an approved body.
    22. Notifications to local authorities.
    23. Information to the Agency and the Central Statistics Office.
    PART V
    LOCAL AUTHORITY FUNCTIONS
    24. Enforcement by local authorities.
    25. Power of local authority to require submission of information.
    26. Entries in a local authority register.
    27. Notice and information to the Agency.
    PART VI
    ESSENTIAL REQUIREMENTS OF PACKAGING
    28. Essential Requirements of packaging.
    29. Concentration of heavy metals in packaging and packaging material.
    PART VII
    MISCELLANEOUS
    30. Onus of proof on a producer.
    31. Collection of packaging waste.
    32. Constituent materials in packaging waste.
    33. Authorised Persons.
    34. Offences.
    35. Prosecution and Penalties.
    36. Revocation.
    37. Application of Waste Management (Collection Permit) Regulations 2001.
    4 [282]
    SCHEDULE 1
    ILLUSTRATIVE EXAMPLES OF THE APPLICATION OF
    CRITERIA TO CLARIFY THE DEFINITION OF
    PACKAGING IN REGULATION 4(3)
    SCHEDULE 2
    REQUIREMENTS REGARDING NOTICES
    SCHEDULE 3
    INFORMATION TO BE COMPILED, MAINTAINED AND SUBMITTED
    SCHEDULE 4
    ESSENTIAL REQUIREMENTS ON THE COMPOSITION, AND THE
    REUSABLE AND RECOVERABLE, INCLUDING RECYCLABLE,
    NATURE OF PACKAGING
    [282] 5
    S.I. No. 282 of 2014
    EUROPEAN UNION (PACKAGING) REGULATIONS 2014
    I, PHIL HOGAN, Minister for the Environment, Community and Local
    Government, in exercise of the powers conferred on me by section 3 of the
    European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving
    effect to Directive 94/62/EC1 of the European Parliament and of the Council of
    20 December 1994 on packaging and packaging waste as amended by Directive
    2004/12/EC2 of the European Parliament and of the Council of 11 February 2004
    and Commission Directive 2013/2/EU3 of 7 February 2013, hereby make the
    following Regulations:
    PART I
    PRELIMINARY AND GENERAL
    Citation
    1. These Regulations may be cited as the European Union (Packaging) Regulations
    2014.
    Purpose of Regulations
    2. The purposes for which these Regulations are made include the purpose
    of giving effect to provisions of European Parliament and Council Directive
    94/62/EC4 of 20 December 1994 on packaging and packaging waste as amended
    by European Parliament and Council Directive 2004/12/EC5 of 11 February 2004
    and Commission Directive 2013/2/EU6 of 7 February 2013 with a view to promoting
    the recovery and recycling of packaging waste.
    Commencement
    3. These Regulations shall come into operation on the day after the date on
    which notice of their making is published in the Iris Oifigiúil.
    Interpretation generally
    4. (1) In these Regulations, save where the context otherwise requires—
    “the Act” means the Waste Management Act 1996 (No. 10 of 1996);
    “the Agency” means the Environmental Protection Agency established under
    section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
    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.
    Notice of the making of this Statutory Instrument was published in
    “Iris Oifigiúil” of 20th June, 2014.
    6 [282]
    “approved body” means a body corporate or association approved by the Minister
    in accordance with regulation 19;
    “authorised person” means a person who is appointed in writing by the Minister,
    a local authority, the Agency or such other person as may be required to be an
    authorised person for the purposes of the Act of 1996 or a Part or section
    thereof;
    “back-door waste” means waste arising from secondary and tertiary packaging
    which is received by a producer but is not thereafter used in the supply of
    products;
    “broker” means, in relation to waste, any person who on behalf of or as a service
    to any other person buys, sells or arranges for the purchase, sale or transfer
    from one person to another of waste or for the collection, recovery or disposal
    of waste;
    “Central Statistics Office” means the Office established under section 8(1) of
    the Statistics Act 1993;
    “competent person” in relation to these Regulations means—
    (a) an independent person who is qualified to be appointed, or as the case
    may be continues to be, the auditor of the producer, or
    (b) a director of the producer, designated by that producer and approved
    by the relevant local authority, where the producer is a company
    registered under the Companies Acts 1963 to 2001, or
    (c) the manager of the producer, designated by that producer and
    approved by the relevant local authority, where the producer is any
    other body corporate or unincorporated body, or
    (d) an independent person designated by the producer and approved by
    the relevant local authority;
    “dealer” means, in relation to waste, any person who buys or sells waste on his
    or her own behalf or arranges on behalf of or as a service to any other person
    for the purchase, sale or transfer from one person to another of waste or for the
    collection, recovery or disposal of waste;
    “the Directive” means European Parliament and Council Directive 94/62/EC of
    20 December 1994 on packaging and packaging waste as amended by Directive
    2004/12/EC of 11 February 2004 and Commission Directive 2013/2/EU of 7
    February 2013;
    “European standard” means a standard the reference number of which is published
    in the Official Journal of the European Communities in pursuance of
    article 9(2)(a) of European Parliament and Council Directive 94/62/EC;
    [282] 7
    “household packaging waste” means packaging waste produced within the curtilage
    of a building or self-contained part of a building used for the purposes of
    living accommodation;
    “intentionally introduced” means, in relation to regulation 29, deliberately utilised
    in the formulation of a packaging material or packaging where its continued
    presence is desired in the final packaging material or packaging to provide a
    specific characteristic, appearance or quality, save that the use of recycled
    materials as feedstock for the manufacture of new packaging material or packaging,
    where some portion of the recycled materials may contain amounts of regulated
    materials, shall not be considered as intentionally introduced;
    “organic recycling” means the aerobic (composting) or anaerobic
    (biomethanisation) treatment, under controlled conditions and using microorganisms,
    of the biodegradable parts of packaging waste, which produces stabilised
    organic residues or methane. The landfill of the biodegradable parts of
    packaging waste shall not be considered a form of organic recycling;
    “packaging” has the meaning assigned to it by section 5 of the Act and shall be
    read in accordance with the criteria set out hereunder so that—
    (i) items shall be considered to be packaging if they fulfil the definition
    set out in section 5 of the Act without prejudice to other
    functions which the packaging might also perform, unless the item
    is an integral part of a product and it is necessary to contain,
    support or preserve that product throughout its lifetime and all
    elements are intended to be used, consumed or disposed of
    together (and illustrative examples of this criterion are provided
    in Part 1 of Schedule 1), or as appropriate,
    (ii) items designed and intended to be filled at the point of sale and
    disposable items sold, filled or designed and intended to be filled
    at the point of sale shall be considered to be packaging provided
    they fulfil a packaging function (and illustrative examples of this
    criterion are provided in Part 2 of Schedule 1, or as appropriate,
    (iii) packaging components and ancillary elements integrated into
    packaging shall be considered to be part of the packaging into
    which they are integrated. Ancillary elements hung directly on,
    or attached to, a product and which perform a packaging function
    shall be considered to be packaging unless they are an integral
    part of that product and all elements are intended to be consumed
    or disposed of together (and illustrative examples of this criterion
    are provided in Part 3 of Schedule 1), and
    packaging constituted within the meaning assigned to it by section 5 of the Act
    and in accordance with the aforementioned criteria may only consist of—
    (a) sales or primary packaging, that is to say packaging conceived so as
    to constitute a sales unit to the final user or consumer at the point of
    purchase, or
    8 [282]
    (b) grouped or secondary packaging, that is to say packaging conceived
    so as to constitute at the point of purchase a grouping of a certain
    number of sales units (whether the latter are sold as such to the final
    user or consumer or whether the packaging serves only as a means to
    replenish shelves at the point of sale), and which can be removed
    from a product without affecting the product’s characteristics, or
    (c) transport or tertiary packaging, that is to say packaging conceived so
    as to facilitate handling and transport of a number of sales units or
    grouped packaging in order to prevent damage from physical handling
    and transport (but not including road, rail, ship and air containers);
    “packaging destined for reuse” means packaging which has been conceived and
    designed to accomplish within its life cycle a minimum of two trips or rotations,
    and which is subject to operations by which it is refilled or used for the same
    purpose for which it was conceived, with or without the support of auxiliary
    products present on the market enabling the packaging to be refilled;
    “packaging material” means material used in the manufacture of packaging that
    is placed on the market and includes raw materials prior to their conversion into
    packaging, excluding any kind of production residue from the production of
    packaging or packaging materials or from any other production process;
    “packaging report” means a report, compiled on behalf of a producer by a competent
    person, certifying in respect of a specified period and in respect of all
    premises involved in the supply of packaging material, packaging or packaged
    products and operated by that producer in the State, the nature and weight of—
    (a) packaging material and packaging received and supplied by the producer
    concerned, and
    (b) 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
    (c) packaging waste—
    (i) produced or received by the producer concerned,
    (ii) taken back by other producers,
    (iii) recovered by or on behalf of the producer concerned, and
    (iv) collected for recovery by recovery operators;
    “packaging waste” means any packaging or packaging material, excluding production
    residues, which is discarded or is intended to be discarded or is required
    to be discarded as waste and shall be read in accordance with the meaning of
    [282] 9
    section 4(1)(a) of the Act and article 1(a) of European Parliament and Council
    Directive 2006/12/EC7 of 5 April 2006 on waste;
    “packer/filler” means a producer who puts products into packaging for the purpose
    of supply;
    “plastic sheeting” means plastic film used in secondary and tertiary packaging
    which is received by a producer but is not thereafter used in the supply of
    products;
    “principal office” in relation to a local authority means the central office of the
    local authority, or such other office of the local authority which may be designated
    by that local authority for the purposes of dealing with matters covered
    by these Regulations;
    “product” means any naturally occurring or manufactured thing;
    “purchase” in relation to packaging waste means acquiring packaging waste in
    the course of business in exchange for any consideration including money, or in
    exchange for a prize, or otherwise in exchange for a gift;
    “quarterly period” means each period of three months beginning on the first
    day of January, April, July and October;
    “recovery” has the meaning assigned to it by section 4(4) of the Act and shall
    be read in accordance with article 1(f) of European Parliament and Council
    Directive 2006/12/EC of 5 April 2006 on waste;
    “recovery operator” means—
    (a) a local authority or other person engaged in waste recovery or waste
    collection for the purposes of recovery, subject to that person having
    obtained all necessary licences or permits required under the Act and
    any regulations made thereunder, or
    (b) a major producer when acting in accordance with the exemption from
    the requirement to hold a permit when collecting packaging waste in
    accordance with article 22(e) of the Waste Management (Collection
    Permit) Regulations 2001 (S.I. No. 402 of 2001), subject to any
    amendment that may be made to those Regulations from time to
    time, but, if those regulations should be revoked, shall be subject to
    such regulations corresponding to those regulations as may be for the
    time being in force;
    “recycling” means, in relation to packaging waste, the reprocessing in a production
    process of the waste materials for their original purpose or for other
    purposes including organic recycling but excluding energy recovery. Energy
    recovery means the use of combustible packaging waste as a means to generate
    energy through direct incineration with or without other waste but with the
    recovery of heat;
    7 O.J. No. L 114, 27.04.2006, page 9.
    10 [282]
    “specified packaging waste” means waste aluminium, fibreboard, glass, paper,
    plastic sheeting, steel and wood;
    “supply” in relation to packaging material, packaging and packaged products
    means providing packaging material, packaging or, as appropriate, packaged
    products in the course of business, or in exchange for any consideration including
    money, or giving as a prize, or otherwise making a gift, and packaging
    removed from a product by or on behalf of the producer—
    (a) at the point of sale, or as appropriate,
    (b) at the point of delivery, or as appropriate,
    (c) immediately preceding the point of sale, or as appropriate,
    (d) immediately preceding the point of delivery
    shall be deemed to be supplied accordingly;
    “turnover”, in relation to any producer, means the amounts derived from the
    provision (including the export) of goods and services falling within the producer’s
    ordinary activities, after deduction of—
    (a) trade discounts, and
    (b) value-added tax;
    (2) For the purpose of these Regulations, “producer” is hereby specified,
    under and in accordance with section 27 of the Act, to mean a person who, for
    the purpose of trade or otherwise in the course of business, sells or otherwise
    supplies to other persons packaging material, packaging or packaged products,
    and “produce” shall be construed accordingly.
    (3) (a) For the purposes of these Regulations, “major producer” means a
    producer who—
    (i) for the purpose of trade or otherwise in the course of business,
    sells or otherwise supplies to other persons packaging material,
    packaging or packaged products, where the aggregate weight of
    packaging material and packaging supplied by such major producer
    exceeds or may be expected to exceed 10 tonnes in a calendar
    year, and
    (ii) has an annual turnover of more than €1million;
    (b) For the purpose of determining whether or not a producer is a
    major producer—
    (i) the aggregate weight of packaging material and packaging concerned
    shall, subject to paragraph (c), be the aggregate weight
    arising from all relevant activities of the producer within the
    State, and
    [282] 11
    (ii) the turnover of the producer concerned shall be the turnover
    derived from the producer’s activities within the State (including
    the export of goods and services);
    (c) For the purpose of determining whether or not a producer is a major
    producer—
    (i) account shall be taken of packaging (not being packaging destined
    for reuse)—
    (I) supplied to consumers in association with products sold and
    consumed, or intended for consumption, on a producer’s
    premises, and
    (II) in the form of multi-unit containers which are used to facilitate
    the sale and consumption of products on a producer’s premises,
    and
    (ii) account shall not be taken of—
    (I) 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
    (II) packaging material and packaging where such material or
    packaging is supplied by, or used in the supply of products
    by, that producer to persons outside of the State, and
    (III) packaging waste supplied by a recovery operator (who is not
    the producer if the producer is a major producer) to the producer
    for the purposes of treatment, recovery or disposal.
    PART II
    PRIMARY OBLIGATIONS ON ALL PRODUCERS
    Packaging waste arising on a producer’s premises
    5. (1) A producer shall ensure that packaging waste arising on the producer’s
    premises, (including back-door waste) is—
    (a) (i) in the case of specified packaging waste—
    (I) transferred, for the purposes of recovery, to a producer of
    packaging material, packaging or packaged products of a type
    or brand, to which the packaging waste in question relates, or
    (II) separated at source by material type and collected by, or on
    behalf of, the producer, or by a recovery operator, for the
    purposes of recovery, and
    (ii) in the case of all other packaging waste—
    12 [282]
    (I) transferred, for the purposes of treatment, recovery or disposal,
    to a producer of packaging material, packaging or
    packaged products of a type or brand, to which the packaging
    waste in question relates, or
    (II) collected by, or on behalf of, the producer, or by a recovery
    operator, for the purposes of treatment, recovery or disposal,
    or
    (b) separated at source by material type for the purpose of facilitating the
    recovery of said waste on-site, principally as a fuel or other means, to
    generate energy effectively in accordance with a licence or permit
    required under the Act.
    (2) Waste collected by a recovery operator, or transferred to a producer, for
    the purposes of recovery in accordance with sub-regulation (1)(a)(i) shall not
    be disposed of by that recovery operator, or as appropriate by that producer, or
    as appropriate by any other person.
    (3) Sub-regulation (2) shall not prejudice the disposal of residual waste arising
    out of any recovery operation.
    (4) The requirements of sub-regulation (1)(a)(i) shall not apply to specified
    packaging waste which is contaminated so as to pose a risk to the health of
    any person.
    (5) A person shall not contaminate specified packaging waste.
    (6) For the purposes of this regulation a local authority may give a direction
    in writing to a producer in relation to the separation at source of packaging
    waste, for the purpose of avoiding contamination or to facilitate the recovery or
    disposal of that waste, and a producer shall comply with such a direction.
    Information on packaging destined for reuse
    6. A producer shall, where 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, compile and maintain
    records for each trip or rotation of the packaging destined for reuse which will
    at least provide for—
    (a) a description of the packaging destined for reuse;
    (b) the material type of the packaging destined for reuse;
    (c) the aggregate weight of the packaging destined for reuse;
    (d) the number of units of the packaging destined for reuse;
    (e) the date on which the packaging destined for reuse, or products in
    packaging destined for reuse, was sold or otherwise supplied to the
    customer;
    [282] 13
    (f) the date on which the packaging destined for reuse was returned by
    the customer to the producer for the purpose of it being refilled or
    used for the same purpose for which it was conceived;
    (g) the date on which the packaging destined for reuse was refilled or used
    for the same purpose for which it was conceived by the producer; and
    (h) all supporting information used for, or in conjunction with, the preparation,
    compilation and maintenance of such records.
    Information on the weight of packaging
    7. A producer who supplies to another producer packaging material, packaging
    or packaged products shall comply with any reasonable request from the
    latter producer for data on the weight of the material or packaging concerned
    sufficient to enable the latter producer to comply with these Regulations.
    Obligation regarding recovery operators
    8. (1) For the purposes of regulations 5 and 10, a producer shall ensure that
    a person purporting to be a recovery operator holds all necessary licences or
    permits required under the Act, or is otherwise exempt from the requirement
    to hold a permit or licence.
    (2) In a prosecution for a contravention of sub-regulation (1), it shall be a
    good defence to prove that the producer took all reasonable steps, including the
    making of reasonable enquiries, to establish that a person held all necessary
    licences or permits required under the Act, or was otherwise exempt from the
    requirement to hold a permit or licence.
    PART III
    ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS
    Application of Part III and Regulation 25
    9. The provisions of regulations 10 to 16 and regulation 25 shall apply to all
    major producers unless such producers are exempt in accordance with regulation
    17.
    Requirements on major producers to recover and recycle packaging waste
    10. (1) A major producer shall—
    (a) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises at or from which such major producer supplies
    packaging material, packaging or packaged products, a notice
    complying with the requirements specified in Part 1 of Schedule 2;
    (b) provide facilities at each premises specified in paragraph (a) for the
    acceptance, segregation and storage of packaging waste in accordance
    with these Regulations;
    14 [282]
    (c) provide facilities at each premises specified in paragraph (a) whereby
    customers may remove, segregate and deposit packaging from products
    or substances purchased at that premises;
    (d) accept from any person, free of charge between the hours of 9.30 a.m.
    to 5.30 p.m., each Monday to Friday, at any premises specified in
    paragraph (a), any packaging waste relating to packaging material,
    packaging or packaged products of a type or brand supplied by that
    major producer; and
    (e) within a week of being requested so to do, collect, or arrange for the
    collection of, from any producer to whom the major producer supplies
    packaging material, packaging or packaged products, any packaging
    waste relating to packaging material, packaging or packaged products
    of a type or brand supplied by the major producer.
    (2) The purpose, location and availability of facilities to be provided for the
    purpose of sub-regulations (1)(b) and (1)(c) shall be notified or advertised 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.
    (3) A major producer who supplies packaging material, packaging or packaged
    products otherwise than from a premises shall, in order to fulfil the obligations
    set out in sub-regulation (1), acquire or otherwise obtain the use of a
    premises located in the functional area of each local authority in which such
    major producer carries on business, which premises shall, in relation to the functional
    area of a local authority, be deemed for the purposes of these Regulations
    (save where the context otherwise requires) to be premises specified in subregulation
    (1)(a) at which the major producer carries on business in that functional
    area.
    (4) During the months of March and September in each calendar year, a
    major producer shall—
    (a) publish in one or more newspapers circulating in the functional area
    of the local authority in which its premises is situate a notice complying
    with the requirements of Part 5 of Schedule 2; and
    (b) provide copies of all notices published to the local authority within
    ten days of the date of publication of such notices.
    Recovery and recycling targets for major producers
    11. (1) Without prejudice to sub-regulation (2), on and from the date of commencement
    of these Regulations, a major producer who is an importer of packaged
    products or is a packer/filler shall take such steps as are necessary to ensure
    that in any quarterly period, the aggregate weight of packaging waste which is
    accepted or, as appropriate, collected by that major producer for the purposes
    of recovery—
    [282] 15
    (a) is not less than 55% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period, and
    (b) that a minimum 50% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period is recovered by way of
    recycling,
    until the 30th day of December 2008.
    (2) On and from the 31st day of December 2008, a major producer who is an
    importer of packaged products or is a packer/filler shall take such steps as are
    necessary to ensure that in any quarterly period, the aggregate weight of packaging
    waste which is accepted or, as appropriate, collected by that major producer
    for the purposes of recovery—
    (a) is not less than 60% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period, and
    (b) that a minimum 55% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period is recovered by way of
    recycling, and, where appropriate,
    (c) that a minimum—
    (i) 60% by weight for glass, and as appropriate,
    (ii) 60% by weight for paper and board, and as appropriate,
    (iii) 50% by weight for metals, and as appropriate,
    (iv) 22.5% by weight for plastics, and as appropriate,
    (v) 15% by weight for wood,
    supplied by that major producer in the preceding quarterly period is
    recovered by way of recycling.
    (3) Without prejudice to the generality of sub-regulations (1) and (2), such
    steps as are necessary to ensure compliance with the recovery and recycling
    targets may include—
    (a) accepting or collecting packaging waste from customers of the major
    producer, or from any other person,
    (b) placing a notice in one or more newspapers circulating in the functional
    area of the local authority in which the premises of the major
    producer is situate stating that the major producer will accept or collect
    packaging waste,
    16 [282]
    (c) giving the notice referred to in paragraph (b) or drawing the attention
    of the public, or of business, to the notice, through other forms of
    broadcast or electronic media.
    Purchase of packaging waste
    12. (1) A major producer shall not purchase packaging waste, either directly
    or indirectly, from any other major producer, whether that major producer is a
    member of an approved body or otherwise for the purposes of fulfilling its
    obligations under regulation 11.
    (2) Where a major producer purchases packaging waste for the purpose of
    fulfilling its obligations under regulation 11, that major producer shall—
    (a) keep a record of the type, amount and source of such packaging
    waste, and
    (b) provide a declaration, signed by a competent person, 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, and
    shall include the aforementioned information in the quarterly report to each
    relevant local authority required under the provisions of regulation 15.
    (3) Notwithstanding sub-regulation (2), where a major producer purchases
    packaging waste for the purpose of fulfilling its obligations under regulation 11,
    that major producer shall—
    (a) purchase an amount of packaging waste in respect of each material
    type, in direct proportion to the aggregate weight of each material
    type of packaging material and packaging imported or packed/filled
    and supplied by that major producer in the preceding quarterly
    period, and
    (b) source a minimum 20% of the aggregate weight of any packaging
    waste purchased from household packaging waste.
    Registration and certification of major producers
    13. (1) Subject to regulation 17, a major producer shall, in respect of each
    premises specified in regulation 10(1)(a)—
    (a) apply for registration to the local authority in whose functional area
    the premises is situate not later than the 31st day of March 2008 or
    the date of commencement of business, whichever is the later, and
    (b) apply for renewal of such registration to the relevant local authority,
    not later than the 31st day of January in each year following initial
    registration, subject only that a major producer shall not be required
    to make such application within four months of initial registration.
    [282] 17
    (2) A major producer who makes an application to a local authority under
    sub-regulation (1) shall be registered by that authority provided that the requirements
    of regulation 14 are complied with.
    (3) A major producer shall not be deemed to be registered until a Certificate
    of Registration has issued by the local authority to which the application for
    registration was submitted.
    (4) A major producer shall not be deemed to have renewed his or her registration
    until a Certificate of Renewal of Registration has issued by the local
    authority to which the application for renewal of registration was submitted.
    (5) A local authority shall issue a Certificate of Registration or a Certificate of
    Renewal of Registration as expeditiously as possible and, in any event, within—
    (a) six weeks of the date of receipt of an application for registration or
    renewal of registration, or
    (b) two weeks after the date of receipt of further information or particulars
    requested by a local authority in connection with such an
    application,
    whichever is the later.
    (6) Notwithstanding sub-regulation (5), a local authority may refuse an application
    for renewal of registration under this regulation where it considers that a
    major producer has, in the preceding twelve month period, failed to satisfactorily
    implement the three-year implementation plan submitted for the purposes of
    regulation 15 or, as the case may be, failed to comply, in whole or in part, with
    the provisions of regulations 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 25.
    (7) A major producer who supplies packaging material, packaging or packaged
    products from premises in the functional area of more than one local authority
    shall designate its main branch or another nominated branch as having
    responsibility for the purposes of sub-regulation (1).
    (8) The branch designated by a major producer for the purposes of sub-regulation
    (1) shall be obliged to apply for registration or renewal of such registration
    to all local authorities in whose functional areas such major producer
    operates premises involved in the supply of packaging material, packaging or
    packaged products.
    Application for registration or renewal of registration
    14. (1) An application for registration under regulation 13 shall be made in
    writing, shall contain at least the information set out in Part 1 of Schedule 3 and
    shall be accompanied by a copy of the three-year implementation plan required
    to be prepared under regulation 15(1)(a).
    (2) An application for renewal of registration under regulation 13 shall be
    made in writing, shall contain at least the information set out in Part 2 of Schedule
    3, and shall be accompanied by a copy of the annual report required to be
    18 [282]
    prepared under regulation 15(2)(a), and where appropriate, by a copy of a new
    three-year implementation plan prepared in accordance with regulation
    15(2)(b).
    (3) Notwithstanding sub-regulations (1) and (2), where a major producer fails
    or refuses to supply a complete application, which shall include—
    (a) the information set out in Part 1 of Schedule 3 in the case of an application
    for registration, or as appropriate,
    (b) the information set out in Part 2 of Schedule 3 in the case of an application
    for renewal of registration, or as appropriate,
    (c) any further information or particulars requested by a local authority
    in connection with such application for registration or, as appropriate,
    renewal of registration,
    within four weeks of the date of a request by the local authority for a completed
    application or, as appropriate, further information, the local authority may, if it
    thinks fit, return such incomplete application to the major producer.
    (4) A major producer shall notify, within ten days, the relevant local authority
    of any changes to the information provided in, as the case may be, an application
    for registration or, as appropriate, an application for renewal of registration.
    (5) An application for registration or for renewal of registration under regulation
    13 shall be accompanied by a fee equivalent to €15 per tonne of packaging
    material and packaging placed on the market, which—
    (a) in the case of the initial registration of a premises at which business
    has been carried on by the applicant for a period of twelve months
    or more immediately prior to application, was supplied by the applicant
    at that premises in the twelve month period prior to the date of
    application for registration,
    (b) in the case of the initial registration of a premises at which business
    has not been carried on by the applicant for a period of twelve months
    or more immediately prior to application, is likely to be supplied by
    the applicant at that premises in the twelve month period subsequent
    to the date of application for registration,
    (c) in the case of a renewal of registration in respect of a premises, was
    supplied by the applicant at that premises in the period since initial
    registration or last preceding renewal of registration as the case may
    be,
    save that the amount of fee shall be not less than €500, and not more than
    €15,000 subject to sub-regulations (6) and (7), in respect of a premises.
    [282] 19
    (6) Not later than the 30th day of November each year and having regard to
    any change in the consumer price index since the determination of the maximum
    fee in respect of a premises for the time being in force, the Minister may—
    (a) review the maximum fee in respect of a premises and may by order
    amend that maximum fee in accordance with the results of that
    review, and
    (b) notify each local authority in writing of the revised maximum fee in
    respect of a premises.
    (7) In this sub-regulation, “change in the consumer price index” means the
    difference between the All Items Consumer Price Index Number last published
    by the Central Statistics Office before the date of the determination under this
    sub-regulation and the said number last published before the date of the preceding
    review under sub-regulation (6), expressed as a percentage of the last-mentioned
    number.
    Implementation plans, annual reports and quarterly reports
    15. (1) A major producer shall not later than the date on which application
    for registration is made under regulation 13—
    (a) prepare a three-year implementation plan specifying the steps to be
    taken by the said major producer in order to comply with the requirements
    of these Regulations, including the steps which the major producer
    intends to take to prevent or minimise packaging waste, and
    (b) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises specified in regulation 10(1)(a) but separate
    and adjacent to the notice required in regulation 10(1)(a), a notice
    complying with the requirements specified in Part 2 of Schedule 2.
    (2) A major producer shall not later than the date on which application for
    renewal of registration is made under regulation 13—
    (a) prepare an annual report specifying the steps taken by the said major
    producer in order to comply with the requirements of these Regulations
    in the preceding registration period, and the results of those
    steps, and
    (b) prepare a revised three-year implementation plan, having regard to
    experience in the preceding registration period, specifying the steps to
    be taken by the said major producer to comply with the Regulations,
    including the steps which the major producer intends to take to
    prevent or minimise packaging waste, and
    (c) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises specified in regulation 10(1)(a) but separate
    and adjacent to the notice required in regulation 10(1)(a), a notice
    complying with the requirements specified in Part 3 of Schedule 2.
    20 [282]
    (3) A three-year implementation plan under sub-regulation (1)(a) or, as
    appropriate, a revised three-year implementation plan under sub-regulation
    (2)(b) shall contain at least the information set out in Part 3 of Schedule 3.
    (4) An annual report under sub-regulation (2)(a) shall contain at least the
    information set out in Part 4 of Schedule 3.
    (5) Without prejudice to commercial and industrial confidentiality, a copy of
    an implementation plan or an annual report prepared for the purpose of this
    regulation shall be made available, free of charge, by the major producer concerned
    to any person who so requests.
    (6) For the purpose of this regulation, “made available” includes sending the
    implementation plan or annual report, as the case may be, by post, fax or electronic
    mail to a person who so requests.
    (7) With effect from the date of registration in accordance with regulation 13,
    a major producer shall, within ten days of the end of each quarterly period,
    compile, maintain and submit to the relevant local authority the information
    (hereinafter referred to as the “quarterly reports”) set out in Part 5 of Schedule
    3.
    (8) It shall be the responsibility of a major producer to retain, for a period of
    three years after the end of the period in question, such records as are necessary
    to verify the accuracy of the quarterly reports compiled, maintained and submitted
    in accordance with sub-regulation (7).
    (9) The quarterly reports to be submitted by a major producer to a local
    authority under sub-regulation (7) shall, where the relevant local authority so
    requires, be in a form specified by the authority.
    (10) Without prejudice to sub-regulations (1)(a), (2)(a), (2)(b), (3), (4), (7)
    and (9), the Minister from time to time may issue guidance concerning the presentation,
    structure and content of the three-year implementation plan and, as
    appropriate, the annual report and, as appropriate, the quarterly reports.
    Application of requirements
    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.
    [282] 21
    (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.
    22 [282]
    (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,
    [282] 23
    (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
    24 [282]
    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,
    [282] 25
    (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.
    26 [282]
    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,
    [282] 27
    (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/EC8
    , 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—
    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).
    28 [282]
    (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
    [282] 29
    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.lhihio;c

  • 2 [282]
    S.I. No. 282 of 2014
    EUROPEAN UNION (PACKAGING) REGULATIONS 2014
    INDEX
    PART I
    PRELIMINARY AND GENERAL
    1. Citation.
    2. Purpose of Regulations.
    3. Commencement.
    4. Interpretation generally.
    PART II
    PRIMARY OBLIGATIONS ON ALL PRODUCERS
    5. Packaging waste arising on a producer’s premises.
    6. Information on packaging destined for reuse.
    7. Information on the weight of packaging.
    8. Obligation regarding recovery operators.
    PART III
    ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS
    9. Application of Part III and regulation 25.
    10. Requirements on major producers to recover and recycle packaging waste.
    11. Recovery and recycling targets for major producers.
    12. Purchase of packaging waste.
    13. Registration and certification of major producers.
    14. Application for registration or renewal of registration.
    15. Implementation plans, annual reports and quarterly reports.
    16. Application of requirements.
    PART IV
    APPROVED BODIES
    17. Exemption from certain requirements.
    [282] 3
    18. Application to the Minister for approval.
    19. Grant or refusal of approval.
    20. Review and revocation of approval.
    21. Use of logo adopted by an approved body.
    22. Notifications to local authorities.
    23. Information to the Agency and the Central Statistics Office.
    PART V
    LOCAL AUTHORITY FUNCTIONS
    24. Enforcement by local authorities.
    25. Power of local authority to require submission of information.
    26. Entries in a local authority register.
    27. Notice and information to the Agency.
    PART VI
    ESSENTIAL REQUIREMENTS OF PACKAGING
    28. Essential Requirements of packaging.
    29. Concentration of heavy metals in packaging and packaging material.
    PART VII
    MISCELLANEOUS
    30. Onus of proof on a producer.
    31. Collection of packaging waste.
    32. Constituent materials in packaging waste.
    33. Authorised Persons.
    34. Offences.
    35. Prosecution and Penalties.
    36. Revocation.
    37. Application of Waste Management (Collection Permit) Regulations 2001.
    4 [282]
    SCHEDULE 1
    ILLUSTRATIVE EXAMPLES OF THE APPLICATION OF
    CRITERIA TO CLARIFY THE DEFINITION OF
    PACKAGING IN REGULATION 4(3)
    SCHEDULE 2
    REQUIREMENTS REGARDING NOTICES
    SCHEDULE 3
    INFORMATION TO BE COMPILED, MAINTAINED AND SUBMITTED
    SCHEDULE 4
    ESSENTIAL REQUIREMENTS ON THE COMPOSITION, AND THE
    REUSABLE AND RECOVERABLE, INCLUDING RECYCLABLE,
    NATURE OF PACKAGING
    [282] 5
    S.I. No. 282 of 2014
    EUROPEAN UNION (PACKAGING) REGULATIONS 2014
    I, PHIL HOGAN, Minister for the Environment, Community and Local
    Government, in exercise of the powers conferred on me by section 3 of the
    European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving
    effect to Directive 94/62/EC1 of the European Parliament and of the Council of
    20 December 1994 on packaging and packaging waste as amended by Directive
    2004/12/EC2 of the European Parliament and of the Council of 11 February 2004
    and Commission Directive 2013/2/EU3 of 7 February 2013, hereby make the
    following Regulations:
    PART I
    PRELIMINARY AND GENERAL
    Citation
    1. These Regulations may be cited as the European Union (Packaging) Regulations
    2014.
    Purpose of Regulations
    2. The purposes for which these Regulations are made include the purpose
    of giving effect to provisions of European Parliament and Council Directive
    94/62/EC4 of 20 December 1994 on packaging and packaging waste as amended
    by European Parliament and Council Directive 2004/12/EC5 of 11 February 2004
    and Commission Directive 2013/2/EU6 of 7 February 2013 with a view to promoting
    the recovery and recycling of packaging waste.
    Commencement
    3. These Regulations shall come into operation on the day after the date on
    which notice of their making is published in the Iris Oifigiúil.
    Interpretation generally
    4. (1) In these Regulations, save where the context otherwise requires—
    “the Act” means the Waste Management Act 1996 (No. 10 of 1996);
    “the Agency” means the Environmental Protection Agency established under
    section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
    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.
    Notice of the making of this Statutory Instrument was published in
    “Iris Oifigiúil” of 20th June, 2014.
    6 [282]
    “approved body” means a body corporate or association approved by the Minister
    in accordance with regulation 19;
    “authorised person” means a person who is appointed in writing by the Minister,
    a local authority, the Agency or such other person as may be required to be an
    authorised person for the purposes of the Act of 1996 or a Part or section
    thereof;
    “back-door waste” means waste arising from secondary and tertiary packaging
    which is received by a producer but is not thereafter used in the supply of
    products;
    “broker” means, in relation to waste, any person who on behalf of or as a service
    to any other person buys, sells or arranges for the purchase, sale or transfer
    from one person to another of waste or for the collection, recovery or disposal
    of waste;
    “Central Statistics Office” means the Office established under section 8(1) of
    the Statistics Act 1993;
    “competent person” in relation to these Regulations means—
    (a) an independent person who is qualified to be appointed, or as the case
    may be continues to be, the auditor of the producer, or
    (b) a director of the producer, designated by that producer and approved
    by the relevant local authority, where the producer is a company
    registered under the Companies Acts 1963 to 2001, or
    (c) the manager of the producer, designated by that producer and
    approved by the relevant local authority, where the producer is any
    other body corporate or unincorporated body, or
    (d) an independent person designated by the producer and approved by
    the relevant local authority;
    “dealer” means, in relation to waste, any person who buys or sells waste on his
    or her own behalf or arranges on behalf of or as a service to any other person
    for the purchase, sale or transfer from one person to another of waste or for the
    collection, recovery or disposal of waste;
    “the Directive” means European Parliament and Council Directive 94/62/EC of
    20 December 1994 on packaging and packaging waste as amended by Directive
    2004/12/EC of 11 February 2004 and Commission Directive 2013/2/EU of 7
    February 2013;
    “European standard” means a standard the reference number of which is published
    in the Official Journal of the European Communities in pursuance of
    article 9(2)(a) of European Parliament and Council Directive 94/62/EC;
    [282] 7
    “household packaging waste” means packaging waste produced within the curtilage
    of a building or self-contained part of a building used for the purposes of
    living accommodation;
    “intentionally introduced” means, in relation to regulation 29, deliberately utilised
    in the formulation of a packaging material or packaging where its continued
    presence is desired in the final packaging material or packaging to provide a
    specific characteristic, appearance or quality, save that the use of recycled
    materials as feedstock for the manufacture of new packaging material or packaging,
    where some portion of the recycled materials may contain amounts of regulated
    materials, shall not be considered as intentionally introduced;
    “organic recycling” means the aerobic (composting) or anaerobic
    (biomethanisation) treatment, under controlled conditions and using microorganisms,
    of the biodegradable parts of packaging waste, which produces stabilised
    organic residues or methane. The landfill of the biodegradable parts of
    packaging waste shall not be considered a form of organic recycling;
    “packaging” has the meaning assigned to it by section 5 of the Act and shall be
    read in accordance with the criteria set out hereunder so that—
    (i) items shall be considered to be packaging if they fulfil the definition
    set out in section 5 of the Act without prejudice to other
    functions which the packaging might also perform, unless the item
    is an integral part of a product and it is necessary to contain,
    support or preserve that product throughout its lifetime and all
    elements are intended to be used, consumed or disposed of
    together (and illustrative examples of this criterion are provided
    in Part 1 of Schedule 1), or as appropriate,
    (ii) items designed and intended to be filled at the point of sale and
    disposable items sold, filled or designed and intended to be filled
    at the point of sale shall be considered to be packaging provided
    they fulfil a packaging function (and illustrative examples of this
    criterion are provided in Part 2 of Schedule 1, or as appropriate,
    (iii) packaging components and ancillary elements integrated into
    packaging shall be considered to be part of the packaging into
    which they are integrated. Ancillary elements hung directly on,
    or attached to, a product and which perform a packaging function
    shall be considered to be packaging unless they are an integral
    part of that product and all elements are intended to be consumed
    or disposed of together (and illustrative examples of this criterion
    are provided in Part 3 of Schedule 1), and
    packaging constituted within the meaning assigned to it by section 5 of the Act
    and in accordance with the aforementioned criteria may only consist of—
    (a) sales or primary packaging, that is to say packaging conceived so as
    to constitute a sales unit to the final user or consumer at the point of
    purchase, or
    8 [282]
    (b) grouped or secondary packaging, that is to say packaging conceived
    so as to constitute at the point of purchase a grouping of a certain
    number of sales units (whether the latter are sold as such to the final
    user or consumer or whether the packaging serves only as a means to
    replenish shelves at the point of sale), and which can be removed
    from a product without affecting the product’s characteristics, or
    (c) transport or tertiary packaging, that is to say packaging conceived so
    as to facilitate handling and transport of a number of sales units or
    grouped packaging in order to prevent damage from physical handling
    and transport (but not including road, rail, ship and air containers);
    “packaging destined for reuse” means packaging which has been conceived and
    designed to accomplish within its life cycle a minimum of two trips or rotations,
    and which is subject to operations by which it is refilled or used for the same
    purpose for which it was conceived, with or without the support of auxiliary
    products present on the market enabling the packaging to be refilled;
    “packaging material” means material used in the manufacture of packaging that
    is placed on the market and includes raw materials prior to their conversion into
    packaging, excluding any kind of production residue from the production of
    packaging or packaging materials or from any other production process;
    “packaging report” means a report, compiled on behalf of a producer by a competent
    person, certifying in respect of a specified period and in respect of all
    premises involved in the supply of packaging material, packaging or packaged
    products and operated by that producer in the State, the nature and weight of—
    (a) packaging material and packaging received and supplied by the producer
    concerned, and
    (b) 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
    (c) packaging waste—
    (i) produced or received by the producer concerned,
    (ii) taken back by other producers,
    (iii) recovered by or on behalf of the producer concerned, and
    (iv) collected for recovery by recovery operators;
    “packaging waste” means any packaging or packaging material, excluding production
    residues, which is discarded or is intended to be discarded or is required
    to be discarded as waste and shall be read in accordance with the meaning of
    [282] 9
    section 4(1)(a) of the Act and article 1(a) of European Parliament and Council
    Directive 2006/12/EC7 of 5 April 2006 on waste;
    “packer/filler” means a producer who puts products into packaging for the purpose
    of supply;
    “plastic sheeting” means plastic film used in secondary and tertiary packaging
    which is received by a producer but is not thereafter used in the supply of
    products;
    “principal office” in relation to a local authority means the central office of the
    local authority, or such other office of the local authority which may be designated
    by that local authority for the purposes of dealing with matters covered
    by these Regulations;
    “product” means any naturally occurring or manufactured thing;
    “purchase” in relation to packaging waste means acquiring packaging waste in
    the course of business in exchange for any consideration including money, or in
    exchange for a prize, or otherwise in exchange for a gift;
    “quarterly period” means each period of three months beginning on the first
    day of January, April, July and October;
    “recovery” has the meaning assigned to it by section 4(4) of the Act and shall
    be read in accordance with article 1(f) of European Parliament and Council
    Directive 2006/12/EC of 5 April 2006 on waste;
    “recovery operator” means—
    (a) a local authority or other person engaged in waste recovery or waste
    collection for the purposes of recovery, subject to that person having
    obtained all necessary licences or permits required under the Act and
    any regulations made thereunder, or
    (b) a major producer when acting in accordance with the exemption from
    the requirement to hold a permit when collecting packaging waste in
    accordance with article 22(e) of the Waste Management (Collection
    Permit) Regulations 2001 (S.I. No. 402 of 2001), subject to any
    amendment that may be made to those Regulations from time to
    time, but, if those regulations should be revoked, shall be subject to
    such regulations corresponding to those regulations as may be for the
    time being in force;
    “recycling” means, in relation to packaging waste, the reprocessing in a production
    process of the waste materials for their original purpose or for other
    purposes including organic recycling but excluding energy recovery. Energy
    recovery means the use of combustible packaging waste as a means to generate
    energy through direct incineration with or without other waste but with the
    recovery of heat;
    7 O.J. No. L 114, 27.04.2006, page 9.
    10 [282]
    “specified packaging waste” means waste aluminium, fibreboard, glass, paper,
    plastic sheeting, steel and wood;
    “supply” in relation to packaging material, packaging and packaged products
    means providing packaging material, packaging or, as appropriate, packaged
    products in the course of business, or in exchange for any consideration including
    money, or giving as a prize, or otherwise making a gift, and packaging
    removed from a product by or on behalf of the producer—
    (a) at the point of sale, or as appropriate,
    (b) at the point of delivery, or as appropriate,
    (c) immediately preceding the point of sale, or as appropriate,
    (d) immediately preceding the point of delivery
    shall be deemed to be supplied accordingly;
    “turnover”, in relation to any producer, means the amounts derived from the
    provision (including the export) of goods and services falling within the producer’s
    ordinary activities, after deduction of—
    (a) trade discounts, and
    (b) value-added tax;
    (2) For the purpose of these Regulations, “producer” is hereby specified,
    under and in accordance with section 27 of the Act, to mean a person who, for
    the purpose of trade or otherwise in the course of business, sells or otherwise
    supplies to other persons packaging material, packaging or packaged products,
    and “produce” shall be construed accordingly.
    (3) (a) For the purposes of these Regulations, “major producer” means a
    producer who—
    (i) for the purpose of trade or otherwise in the course of business,
    sells or otherwise supplies to other persons packaging material,
    packaging or packaged products, where the aggregate weight of
    packaging material and packaging supplied by such major producer
    exceeds or may be expected to exceed 10 tonnes in a calendar
    year, and
    (ii) has an annual turnover of more than €1million;
    (b) For the purpose of determining whether or not a producer is a
    major producer—
    (i) the aggregate weight of packaging material and packaging concerned
    shall, subject to paragraph (c), be the aggregate weight
    arising from all relevant activities of the producer within the
    State, and
    [282] 11
    (ii) the turnover of the producer concerned shall be the turnover
    derived from the producer’s activities within the State (including
    the export of goods and services);
    (c) For the purpose of determining whether or not a producer is a major
    producer—
    (i) account shall be taken of packaging (not being packaging destined
    for reuse)—
    (I) supplied to consumers in association with products sold and
    consumed, or intended for consumption, on a producer’s
    premises, and
    (II) in the form of multi-unit containers which are used to facilitate
    the sale and consumption of products on a producer’s premises,
    and
    (ii) account shall not be taken of—
    (I) 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
    (II) packaging material and packaging where such material or
    packaging is supplied by, or used in the supply of products
    by, that producer to persons outside of the State, and
    (III) packaging waste supplied by a recovery operator (who is not
    the producer if the producer is a major producer) to the producer
    for the purposes of treatment, recovery or disposal.
    PART II
    PRIMARY OBLIGATIONS ON ALL PRODUCERS
    Packaging waste arising on a producer’s premises
    5. (1) A producer shall ensure that packaging waste arising on the producer’s
    premises, (including back-door waste) is—
    (a) (i) in the case of specified packaging waste—
    (I) transferred, for the purposes of recovery, to a producer of
    packaging material, packaging or packaged products of a type
    or brand, to which the packaging waste in question relates, or
    (II) separated at source by material type and collected by, or on
    behalf of, the producer, or by a recovery operator, for the
    purposes of recovery, and
    (ii) in the case of all other packaging waste—
    12 [282]
    (I) transferred, for the purposes of treatment, recovery or disposal,
    to a producer of packaging material, packaging or
    packaged products of a type or brand, to which the packaging
    waste in question relates, or
    (II) collected by, or on behalf of, the producer, or by a recovery
    operator, for the purposes of treatment, recovery or disposal,
    or
    (b) separated at source by material type for the purpose of facilitating the
    recovery of said waste on-site, principally as a fuel or other means, to
    generate energy effectively in accordance with a licence or permit
    required under the Act.
    (2) Waste collected by a recovery operator, or transferred to a producer, for
    the purposes of recovery in accordance with sub-regulation (1)(a)(i) shall not
    be disposed of by that recovery operator, or as appropriate by that producer, or
    as appropriate by any other person.
    (3) Sub-regulation (2) shall not prejudice the disposal of residual waste arising
    out of any recovery operation.
    (4) The requirements of sub-regulation (1)(a)(i) shall not apply to specified
    packaging waste which is contaminated so as to pose a risk to the health of
    any person.
    (5) A person shall not contaminate specified packaging waste.
    (6) For the purposes of this regulation a local authority may give a direction
    in writing to a producer in relation to the separation at source of packaging
    waste, for the purpose of avoiding contamination or to facilitate the recovery or
    disposal of that waste, and a producer shall comply with such a direction.
    Information on packaging destined for reuse
    6. A producer shall, where 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, compile and maintain
    records for each trip or rotation of the packaging destined for reuse which will
    at least provide for—
    (a) a description of the packaging destined for reuse;
    (b) the material type of the packaging destined for reuse;
    (c) the aggregate weight of the packaging destined for reuse;
    (d) the number of units of the packaging destined for reuse;
    (e) the date on which the packaging destined for reuse, or products in
    packaging destined for reuse, was sold or otherwise supplied to the
    customer;
    [282] 13
    (f) the date on which the packaging destined for reuse was returned by
    the customer to the producer for the purpose of it being refilled or
    used for the same purpose for which it was conceived;
    (g) the date on which the packaging destined for reuse was refilled or used
    for the same purpose for which it was conceived by the producer; and
    (h) all supporting information used for, or in conjunction with, the preparation,
    compilation and maintenance of such records.
    Information on the weight of packaging
    7. A producer who supplies to another producer packaging material, packaging
    or packaged products shall comply with any reasonable request from the
    latter producer for data on the weight of the material or packaging concerned
    sufficient to enable the latter producer to comply with these Regulations.
    Obligation regarding recovery operators
    8. (1) For the purposes of regulations 5 and 10, a producer shall ensure that
    a person purporting to be a recovery operator holds all necessary licences or
    permits required under the Act, or is otherwise exempt from the requirement
    to hold a permit or licence.
    (2) In a prosecution for a contravention of sub-regulation (1), it shall be a
    good defence to prove that the producer took all reasonable steps, including the
    making of reasonable enquiries, to establish that a person held all necessary
    licences or permits required under the Act, or was otherwise exempt from the
    requirement to hold a permit or licence.
    PART III
    ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS
    Application of Part III and Regulation 25
    9. The provisions of regulations 10 to 16 and regulation 25 shall apply to all
    major producers unless such producers are exempt in accordance with regulation
    17.
    Requirements on major producers to recover and recycle packaging waste
    10. (1) A major producer shall—
    (a) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises at or from which such major producer supplies
    packaging material, packaging or packaged products, a notice
    complying with the requirements specified in Part 1 of Schedule 2;
    (b) provide facilities at each premises specified in paragraph (a) for the
    acceptance, segregation and storage of packaging waste in accordance
    with these Regulations;
    14 [282]
    (c) provide facilities at each premises specified in paragraph (a) whereby
    customers may remove, segregate and deposit packaging from products
    or substances purchased at that premises;
    (d) accept from any person, free of charge between the hours of 9.30 a.m.
    to 5.30 p.m., each Monday to Friday, at any premises specified in
    paragraph (a), any packaging waste relating to packaging material,
    packaging or packaged products of a type or brand supplied by that
    major producer; and
    (e) within a week of being requested so to do, collect, or arrange for the
    collection of, from any producer to whom the major producer supplies
    packaging material, packaging or packaged products, any packaging
    waste relating to packaging material, packaging or packaged products
    of a type or brand supplied by the major producer.
    (2) The purpose, location and availability of facilities to be provided for the
    purpose of sub-regulations (1)(b) and (1)(c) shall be notified or advertised 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.
    (3) A major producer who supplies packaging material, packaging or packaged
    products otherwise than from a premises shall, in order to fulfil the obligations
    set out in sub-regulation (1), acquire or otherwise obtain the use of a
    premises located in the functional area of each local authority in which such
    major producer carries on business, which premises shall, in relation to the functional
    area of a local authority, be deemed for the purposes of these Regulations
    (save where the context otherwise requires) to be premises specified in subregulation
    (1)(a) at which the major producer carries on business in that functional
    area.
    (4) During the months of March and September in each calendar year, a
    major producer shall—
    (a) publish in one or more newspapers circulating in the functional area
    of the local authority in which its premises is situate a notice complying
    with the requirements of Part 5 of Schedule 2; and
    (b) provide copies of all notices published to the local authority within
    ten days of the date of publication of such notices.
    Recovery and recycling targets for major producers
    11. (1) Without prejudice to sub-regulation (2), on and from the date of commencement
    of these Regulations, a major producer who is an importer of packaged
    products or is a packer/filler shall take such steps as are necessary to ensure
    that in any quarterly period, the aggregate weight of packaging waste which is
    accepted or, as appropriate, collected by that major producer for the purposes
    of recovery—
    [282] 15
    (a) is not less than 55% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period, and
    (b) that a minimum 50% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period is recovered by way of
    recycling,
    until the 30th day of December 2008.
    (2) On and from the 31st day of December 2008, a major producer who is an
    importer of packaged products or is a packer/filler shall take such steps as are
    necessary to ensure that in any quarterly period, the aggregate weight of packaging
    waste which is accepted or, as appropriate, collected by that major producer
    for the purposes of recovery—
    (a) is not less than 60% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period, and
    (b) that a minimum 55% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period is recovered by way of
    recycling, and, where appropriate,
    (c) that a minimum—
    (i) 60% by weight for glass, and as appropriate,
    (ii) 60% by weight for paper and board, and as appropriate,
    (iii) 50% by weight for metals, and as appropriate,
    (iv) 22.5% by weight for plastics, and as appropriate,
    (v) 15% by weight for wood,
    supplied by that major producer in the preceding quarterly period is
    recovered by way of recycling.
    (3) Without prejudice to the generality of sub-regulations (1) and (2), such
    steps as are necessary to ensure compliance with the recovery and recycling
    targets may include—
    (a) accepting or collecting packaging waste from customers of the major
    producer, or from any other person,
    (b) placing a notice in one or more newspapers circulating in the functional
    area of the local authority in which the premises of the major
    producer is situate stating that the major producer will accept or collect
    packaging waste,
    16 [282]
    (c) giving the notice referred to in paragraph (b) or drawing the attention
    of the public, or of business, to the notice, through other forms of
    broadcast or electronic media.
    Purchase of packaging waste
    12. (1) A major producer shall not purchase packaging waste, either directly
    or indirectly, from any other major producer, whether that major producer is a
    member of an approved body or otherwise for the purposes of fulfilling its
    obligations under regulation 11.
    (2) Where a major producer purchases packaging waste for the purpose of
    fulfilling its obligations under regulation 11, that major producer shall—
    (a) keep a record of the type, amount and source of such packaging
    waste, and
    (b) provide a declaration, signed by a competent person, 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, and
    shall include the aforementioned information in the quarterly report to each
    relevant local authority required under the provisions of regulation 15.
    (3) Notwithstanding sub-regulation (2), where a major producer purchases
    packaging waste for the purpose of fulfilling its obligations under regulation 11,
    that major producer shall—
    (a) purchase an amount of packaging waste in respect of each material
    type, in direct proportion to the aggregate weight of each material
    type of packaging material and packaging imported or packed/filled
    and supplied by that major producer in the preceding quarterly
    period, and
    (b) source a minimum 20% of the aggregate weight of any packaging
    waste purchased from household packaging waste.
    Registration and certification of major producers
    13. (1) Subject to regulation 17, a major producer shall, in respect of each
    premises specified in regulation 10(1)(a)—
    (a) apply for registration to the local authority in whose functional area
    the premises is situate not later than the 31st day of March 2008 or
    the date of commencement of business, whichever is the later, and
    (b) apply for renewal of such registration to the relevant local authority,
    not later than the 31st day of January in each year following initial
    registration, subject only that a major producer shall not be required
    to make such application within four months of initial registration.
    [282] 17
    (2) A major producer who makes an application to a local authority under
    sub-regulation (1) shall be registered by that authority provided that the requirements
    of regulation 14 are complied with.
    (3) A major producer shall not be deemed to be registered until a Certificate
    of Registration has issued by the local authority to which the application for
    registration was submitted.
    (4) A major producer shall not be deemed to have renewed his or her registration
    until a Certificate of Renewal of Registration has issued by the local
    authority to which the application for renewal of registration was submitted.
    (5) A local authority shall issue a Certificate of Registration or a Certificate of
    Renewal of Registration as expeditiously as possible and, in any event, within—
    (a) six weeks of the date of receipt of an application for registration or
    renewal of registration, or
    (b) two weeks after the date of receipt of further information or particulars
    requested by a local authority in connection with such an
    application,
    whichever is the later.
    (6) Notwithstanding sub-regulation (5), a local authority may refuse an application
    for renewal of registration under this regulation where it considers that a
    major producer has, in the preceding twelve month period, failed to satisfactorily
    implement the three-year implementation plan submitted for the purposes of
    regulation 15 or, as the case may be, failed to comply, in whole or in part, with
    the provisions of regulations 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 25.
    (7) A major producer who supplies packaging material, packaging or packaged
    products from premises in the functional area of more than one local authority
    shall designate its main branch or another nominated branch as having
    responsibility for the purposes of sub-regulation (1).
    (8) The branch designated by a major producer for the purposes of sub-regulation
    (1) shall be obliged to apply for registration or renewal of such registration
    to all local authorities in whose functional areas such major producer
    operates premises involved in the supply of packaging material, packaging or
    packaged products.
    Application for registration or renewal of registration
    14. (1) An application for registration under regulation 13 shall be made in
    writing, shall contain at least the information set out in Part 1 of Schedule 3 and
    shall be accompanied by a copy of the three-year implementation plan required
    to be prepared under regulation 15(1)(a).
    (2) An application for renewal of registration under regulation 13 shall be
    made in writing, shall contain at least the information set out in Part 2 of Schedule
    3, and shall be accompanied by a copy of the annual report required to be
    18 [282]
    prepared under regulation 15(2)(a), and where appropriate, by a copy of a new
    three-year implementation plan prepared in accordance with regulation
    15(2)(b).
    (3) Notwithstanding sub-regulations (1) and (2), where a major producer fails
    or refuses to supply a complete application, which shall include—
    (a) the information set out in Part 1 of Schedule 3 in the case of an application
    for registration, or as appropriate,
    (b) the information set out in Part 2 of Schedule 3 in the case of an application
    for renewal of registration, or as appropriate,
    (c) any further information or particulars requested by a local authority
    in connection with such application for registration or, as appropriate,
    renewal of registration,
    within four weeks of the date of a request by the local authority for a completed
    application or, as appropriate, further information, the local authority may, if it
    thinks fit, return such incomplete application to the major producer.
    (4) A major producer shall notify, within ten days, the relevant local authority
    of any changes to the information provided in, as the case may be, an application
    for registration or, as appropriate, an application for renewal of registration.
    (5) An application for registration or for renewal of registration under regulation
    13 shall be accompanied by a fee equivalent to €15 per tonne of packaging
    material and packaging placed on the market, which—
    (a) in the case of the initial registration of a premises at which business
    has been carried on by the applicant for a period of twelve months
    or more immediately prior to application, was supplied by the applicant
    at that premises in the twelve month period prior to the date of
    application for registration,
    (b) in the case of the initial registration of a premises at which business
    has not been carried on by the applicant for a period of twelve months
    or more immediately prior to application, is likely to be supplied by
    the applicant at that premises in the twelve month period subsequent
    to the date of application for registration,
    (c) in the case of a renewal of registration in respect of a premises, was
    supplied by the applicant at that premises in the period since initial
    registration or last preceding renewal of registration as the case may
    be,
    save that the amount of fee shall be not less than €500, and not more than
    €15,000 subject to sub-regulations (6) and (7), in respect of a premises.
    [282] 19
    (6) Not later than the 30th day of November each year and having regard to
    any change in the consumer price index since the determination of the maximum
    fee in respect of a premises for the time being in force, the Minister may—
    (a) review the maximum fee in respect of a premises and may by order
    amend that maximum fee in accordance with the results of that
    review, and
    (b) notify each local authority in writing of the revised maximum fee in
    respect of a premises.
    (7) In this sub-regulation, “change in the consumer price index” means the
    difference between the All Items Consumer Price Index Number last published
    by the Central Statistics Office before the date of the determination under this
    sub-regulation and the said number last published before the date of the preceding
    review under sub-regulation (6), expressed as a percentage of the last-mentioned
    number.
    Implementation plans, annual reports and quarterly reports
    15. (1) A major producer shall not later than the date on which application
    for registration is made under regulation 13—
    (a) prepare a three-year implementation plan specifying the steps to be
    taken by the said major producer in order to comply with the requirements
    of these Regulations, including the steps which the major producer
    intends to take to prevent or minimise packaging waste, and
    (b) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises specified in regulation 10(1)(a) but separate
    and adjacent to the notice required in regulation 10(1)(a), a notice
    complying with the requirements specified in Part 2 of Schedule 2.
    (2) A major producer shall not later than the date on which application for
    renewal of registration is made under regulation 13—
    (a) prepare an annual report specifying the steps taken by the said major
    producer in order to comply with the requirements of these Regulations
    in the preceding registration period, and the results of those
    steps, and
    (b) prepare a revised three-year implementation plan, having regard to
    experience in the preceding registration period, specifying the steps to
    be taken by the said major producer to comply with the Regulations,
    including the steps which the major producer intends to take to
    prevent or minimise packaging waste, and
    (c) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises specified in regulation 10(1)(a) but separate
    and adjacent to the notice required in regulation 10(1)(a), a notice
    complying with the requirements specified in Part 3 of Schedule 2.
    20 [282]
    (3) A three-year implementation plan under sub-regulation (1)(a) or, as
    appropriate, a revised three-year implementation plan under sub-regulation
    (2)(b) shall contain at least the information set out in Part 3 of Schedule 3.
    (4) An annual report under sub-regulation (2)(a) shall contain at least the
    information set out in Part 4 of Schedule 3.
    (5) Without prejudice to commercial and industrial confidentiality, a copy of
    an implementation plan or an annual report prepared for the purpose of this
    regulation shall be made available, free of charge, by the major producer concerned
    to any person who so requests.
    (6) For the purpose of this regulation, “made available” includes sending the
    implementation plan or annual report, as the case may be, by post, fax or electronic
    mail to a person who so requests.
    (7) With effect from the date of registration in accordance with regulation 13,
    a major producer shall, within ten days of the end of each quarterly period,
    compile, maintain and submit to the relevant local authority the information
    (hereinafter referred to as the “quarterly reports”) set out in Part 5 of Schedule
    3.
    (8) It shall be the responsibility of a major producer to retain, for a period of
    three years after the end of the period in question, such records as are necessary
    to verify the accuracy of the quarterly reports compiled, maintained and submitted
    in accordance with sub-regulation (7).
    (9) The quarterly reports to be submitted by a major producer to a local
    authority under sub-regulation (7) shall, where the relevant local authority so
    requires, be in a form specified by the authority.
    (10) Without prejudice to sub-regulations (1)(a), (2)(a), (2)(b), (3), (4), (7)
    and (9), the Minister from time to time may issue guidance concerning the presentation,
    structure and content of the three-year implementation plan and, as
    appropriate, the annual report and, as appropriate, the quarterly reports.
    Application of requirements
    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.
    [282] 21
    (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.
    22 [282]
    (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,
    [282] 23
    (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
    24 [282]
    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,
    [282] 25
    (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.
    26 [282]
    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,
    [282] 27
    (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/EC8
    , 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—
    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).
    28 [282]
    (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
    [282] 29
    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 orl[]k][jk][

  • 2 [282]
    S.I. No. 282 of 2014
    EUROPEAN UNION (PACKAGING) REGULATIONS 2014
    INDEX
    PART I
    PRELIMINARY AND GENERAL
    1. Citation.
    2. Purpose of Regulations.
    3. Commencement.
    4. Interpretation generally.
    PART II
    PRIMARY OBLIGATIONS ON ALL PRODUCERS
    5. Packaging waste arising on a producer’s premises.
    6. Information on packaging destined for reuse.
    7. Information on the weight of packaging.
    8. Obligation regarding recovery operators.
    PART III
    ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS
    9. Application of Part III and regulation 25.
    10. Requirements on major producers to recover and recycle packaging waste.
    11. Recovery and recycling targets for major producers.
    12. Purchase of packaging waste.
    13. Registration and certification of major producers.
    14. Application for registration or renewal of registration.
    15. Implementation plans, annual reports and quarterly reports.
    16. Application of requirements.
    PART IV
    APPROVED BODIES
    17. Exemption from certain requirements.
    [282] 3
    18. Application to the Minister for approval.
    19. Grant or refusal of approval.
    20. Review and revocation of approval.
    21. Use of logo adopted by an approved body.
    22. Notifications to local authorities.
    23. Information to the Agency and the Central Statistics Office.
    PART V
    LOCAL AUTHORITY FUNCTIONS
    24. Enforcement by local authorities.
    25. Power of local authority to require submission of information.
    26. Entries in a local authority register.
    27. Notice and information to the Agency.
    PART VI
    ESSENTIAL REQUIREMENTS OF PACKAGING
    28. Essential Requirements of packaging.
    29. Concentration of heavy metals in packaging and packaging material.
    PART VII
    MISCELLANEOUS
    30. Onus of proof on a producer.
    31. Collection of packaging waste.
    32. Constituent materials in packaging waste.
    33. Authorised Persons.
    34. Offences.
    35. Prosecution and Penalties.
    36. Revocation.
    37. Application of Waste Management (Collection Permit) Regulations 2001.
    4 [282]
    SCHEDULE 1
    ILLUSTRATIVE EXAMPLES OF THE APPLICATION OF
    CRITERIA TO CLARIFY THE DEFINITION OF
    PACKAGING IN REGULATION 4(3)
    SCHEDULE 2
    REQUIREMENTS REGARDING NOTICES
    SCHEDULE 3
    INFORMATION TO BE COMPILED, MAINTAINED AND SUBMITTED
    SCHEDULE 4
    ESSENTIAL REQUIREMENTS ON THE COMPOSITION, AND THE
    REUSABLE AND RECOVERABLE, INCLUDING RECYCLABLE,
    NATURE OF PACKAGING
    [282] 5
    S.I. No. 282 of 2014
    EUROPEAN UNION (PACKAGING) REGULATIONS 2014
    I, PHIL HOGAN, Minister for the Environment, Community and Local
    Government, in exercise of the powers conferred on me by section 3 of the
    European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving
    effect to Directive 94/62/EC1 of the European Parliament and of the Council of
    20 December 1994 on packaging and packaging waste as amended by Directive
    2004/12/EC2 of the European Parliament and of the Council of 11 February 2004
    and Commission Directive 2013/2/EU3 of 7 February 2013, hereby make the
    following Regulations:
    PART I
    PRELIMINARY AND GENERAL
    Citation
    1. These Regulations may be cited as the European Union (Packaging) Regulations
    2014.
    Purpose of Regulations
    2. The purposes for which these Regulations are made include the purpose
    of giving effect to provisions of European Parliament and Council Directive
    94/62/EC4 of 20 December 1994 on packaging and packaging waste as amended
    by European Parliament and Council Directive 2004/12/EC5 of 11 February 2004
    and Commission Directive 2013/2/EU6 of 7 February 2013 with a view to promoting
    the recovery and recycling of packaging waste.
    Commencement
    3. These Regulations shall come into operation on the day after the date on
    which notice of their making is published in the Iris Oifigiúil.
    Interpretation generally
    4. (1) In these Regulations, save where the context otherwise requires—
    “the Act” means the Waste Management Act 1996 (No. 10 of 1996);
    “the Agency” means the Environmental Protection Agency established under
    section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
    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.
    Notice of the making of this Statutory Instrument was published in
    “Iris Oifigiúil” of 20th June, 2014.
    6 [282]
    “approved body” means a body corporate or association approved by the Minister
    in accordance with regulation 19;
    “authorised person” means a person who is appointed in writing by the Minister,
    a local authority, the Agency or such other person as may be required to be an
    authorised person for the purposes of the Act of 1996 or a Part or section
    thereof;
    “back-door waste” means waste arising from secondary and tertiary packaging
    which is received by a producer but is not thereafter used in the supply of
    products;
    “broker” means, in relation to waste, any person who on behalf of or as a service
    to any other person buys, sells or arranges for the purchase, sale or transfer
    from one person to another of waste or for the collection, recovery or disposal
    of waste;
    “Central Statistics Office” means the Office established under section 8(1) of
    the Statistics Act 1993;
    “competent person” in relation to these Regulations means—
    (a) an independent person who is qualified to be appointed, or as the case
    may be continues to be, the auditor of the producer, or
    (b) a director of the producer, designated by that producer and approved
    by the relevant local authority, where the producer is a company
    registered under the Companies Acts 1963 to 2001, or
    (c) the manager of the producer, designated by that producer and
    approved by the relevant local authority, where the producer is any
    other body corporate or unincorporated body, or
    (d) an independent person designated by the producer and approved by
    the relevant local authority;
    “dealer” means, in relation to waste, any person who buys or sells waste on his
    or her own behalf or arranges on behalf of or as a service to any other person
    for the purchase, sale or transfer from one person to another of waste or for the
    collection, recovery or disposal of waste;
    “the Directive” means European Parliament and Council Directive 94/62/EC of
    20 December 1994 on packaging and packaging waste as amended by Directive
    2004/12/EC of 11 February 2004 and Commission Directive 2013/2/EU of 7
    February 2013;
    “European standard” means a standard the reference number of which is published
    in the Official Journal of the European Communities in pursuance of
    article 9(2)(a) of European Parliament and Council Directive 94/62/EC;
    [282] 7
    “household packaging waste” means packaging waste produced within the curtilage
    of a building or self-contained part of a building used for the purposes of
    living accommodation;
    “intentionally introduced” means, in relation to regulation 29, deliberately utilised
    in the formulation of a packaging material or packaging where its continued
    presence is desired in the final packaging material or packaging to provide a
    specific characteristic, appearance or quality, save that the use of recycled
    materials as feedstock for the manufacture of new packaging material or packaging,
    where some portion of the recycled materials may contain amounts of regulated
    materials, shall not be considered as intentionally introduced;
    “organic recycling” means the aerobic (composting) or anaerobic
    (biomethanisation) treatment, under controlled conditions and using microorganisms,
    of the biodegradable parts of packaging waste, which produces stabilised
    organic residues or methane. The landfill of the biodegradable parts of
    packaging waste shall not be considered a form of organic recycling;
    “packaging” has the meaning assigned to it by section 5 of the Act and shall be
    read in accordance with the criteria set out hereunder so that—
    (i) items shall be considered to be packaging if they fulfil the definition
    set out in section 5 of the Act without prejudice to other
    functions which the packaging might also perform, unless the item
    is an integral part of a product and it is necessary to contain,
    support or preserve that product throughout its lifetime and all
    elements are intended to be used, consumed or disposed of
    together (and illustrative examples of this criterion are provided
    in Part 1 of Schedule 1), or as appropriate,
    (ii) items designed and intended to be filled at the point of sale and
    disposable items sold, filled or designed and intended to be filled
    at the point of sale shall be considered to be packaging provided
    they fulfil a packaging function (and illustrative examples of this
    criterion are provided in Part 2 of Schedule 1, or as appropriate,
    (iii) packaging components and ancillary elements integrated into
    packaging shall be considered to be part of the packaging into
    which they are integrated. Ancillary elements hung directly on,
    or attached to, a product and which perform a packaging function
    shall be considered to be packaging unless they are an integral
    part of that product and all elements are intended to be consumed
    or disposed of together (and illustrative examples of this criterion
    are provided in Part 3 of Schedule 1), and
    packaging constituted within the meaning assigned to it by section 5 of the Act
    and in accordance with the aforementioned criteria may only consist of—
    (a) sales or primary packaging, that is to say packaging conceived so as
    to constitute a sales unit to the final user or consumer at the point of
    purchase, or
    8 [282]
    (b) grouped or secondary packaging, that is to say packaging conceived
    so as to constitute at the point of purchase a grouping of a certain
    number of sales units (whether the latter are sold as such to the final
    user or consumer or whether the packaging serves only as a means to
    replenish shelves at the point of sale), and which can be removed
    from a product without affecting the product’s characteristics, or
    (c) transport or tertiary packaging, that is to say packaging conceived so
    as to facilitate handling and transport of a number of sales units or
    grouped packaging in order to prevent damage from physical handling
    and transport (but not including road, rail, ship and air containers);
    “packaging destined for reuse” means packaging which has been conceived and
    designed to accomplish within its life cycle a minimum of two trips or rotations,
    and which is subject to operations by which it is refilled or used for the same
    purpose for which it was conceived, with or without the support of auxiliary
    products present on the market enabling the packaging to be refilled;
    “packaging material” means material used in the manufacture of packaging that
    is placed on the market and includes raw materials prior to their conversion into
    packaging, excluding any kind of production residue from the production of
    packaging or packaging materials or from any other production process;
    “packaging report” means a report, compiled on behalf of a producer by a competent
    person, certifying in respect of a specified period and in respect of all
    premises involved in the supply of packaging material, packaging or packaged
    products and operated by that producer in the State, the nature and weight of—
    (a) packaging material and packaging received and supplied by the producer
    concerned, and
    (b) 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
    (c) packaging waste—
    (i) produced or received by the producer concerned,
    (ii) taken back by other producers,
    (iii) recovered by or on behalf of the producer concerned, and
    (iv) collected for recovery by recovery operators;
    “packaging waste” means any packaging or packaging material, excluding production
    residues, which is discarded or is intended to be discarded or is required
    to be discarded as waste and shall be read in accordance with the meaning of
    [282] 9
    section 4(1)(a) of the Act and article 1(a) of European Parliament and Council
    Directive 2006/12/EC7 of 5 April 2006 on waste;
    “packer/filler” means a producer who puts products into packaging for the purpose
    of supply;
    “plastic sheeting” means plastic film used in secondary and tertiary packaging
    which is received by a producer but is not thereafter used in the supply of
    products;
    “principal office” in relation to a local authority means the central office of the
    local authority, or such other office of the local authority which may be designated
    by that local authority for the purposes of dealing with matters covered
    by these Regulations;
    “product” means any naturally occurring or manufactured thing;
    “purchase” in relation to packaging waste means acquiring packaging waste in
    the course of business in exchange for any consideration including money, or in
    exchange for a prize, or otherwise in exchange for a gift;
    “quarterly period” means each period of three months beginning on the first
    day of January, April, July and October;
    “recovery” has the meaning assigned to it by section 4(4) of the Act and shall
    be read in accordance with article 1(f) of European Parliament and Council
    Directive 2006/12/EC of 5 April 2006 on waste;
    “recovery operator” means—
    (a) a local authority or other person engaged in waste recovery or waste
    collection for the purposes of recovery, subject to that person having
    obtained all necessary licences or permits required under the Act and
    any regulations made thereunder, or
    (b) a major producer when acting in accordance with the exemption from
    the requirement to hold a permit when collecting packaging waste in
    accordance with article 22(e) of the Waste Management (Collection
    Permit) Regulations 2001 (S.I. No. 402 of 2001), subject to any
    amendment that may be made to those Regulations from time to
    time, but, if those regulations should be revoked, shall be subject to
    such regulations corresponding to those regulations as may be for the
    time being in force;
    “recycling” means, in relation to packaging waste, the reprocessing in a production
    process of the waste materials for their original purpose or for other
    purposes including organic recycling but excluding energy recovery. Energy
    recovery means the use of combustible packaging waste as a means to generate
    energy through direct incineration with or without other waste but with the
    recovery of heat;
    7 O.J. No. L 114, 27.04.2006, page 9.
    10 [282]
    “specified packaging waste” means waste aluminium, fibreboard, glass, paper,
    plastic sheeting, steel and wood;
    “supply” in relation to packaging material, packaging and packaged products
    means providing packaging material, packaging or, as appropriate, packaged
    products in the course of business, or in exchange for any consideration including
    money, or giving as a prize, or otherwise making a gift, and packaging
    removed from a product by or on behalf of the producer—
    (a) at the point of sale, or as appropriate,
    (b) at the point of delivery, or as appropriate,
    (c) immediately preceding the point of sale, or as appropriate,
    (d) immediately preceding the point of delivery
    shall be deemed to be supplied accordingly;
    “turnover”, in relation to any producer, means the amounts derived from the
    provision (including the export) of goods and services falling within the producer’s
    ordinary activities, after deduction of—
    (a) trade discounts, and
    (b) value-added tax;
    (2) For the purpose of these Regulations, “producer” is hereby specified,
    under and in accordance with section 27 of the Act, to mean a person who, for
    the purpose of trade or otherwise in the course of business, sells or otherwise
    supplies to other persons packaging material, packaging or packaged products,
    and “produce” shall be construed accordingly.
    (3) (a) For the purposes of these Regulations, “major producer” means a
    producer who—
    (i) for the purpose of trade or otherwise in the course of business,
    sells or otherwise supplies to other persons packaging material,
    packaging or packaged products, where the aggregate weight of
    packaging material and packaging supplied by such major producer
    exceeds or may be expected to exceed 10 tonnes in a calendar
    year, and
    (ii) has an annual turnover of more than €1million;
    (b) For the purpose of determining whether or not a producer is a
    major producer—
    (i) the aggregate weight of packaging material and packaging concerned
    shall, subject to paragraph (c), be the aggregate weight
    arising from all relevant activities of the producer within the
    State, and
    [282] 11
    (ii) the turnover of the producer concerned shall be the turnover
    derived from the producer’s activities within the State (including
    the export of goods and services);
    (c) For the purpose of determining whether or not a producer is a major
    producer—
    (i) account shall be taken of packaging (not being packaging destined
    for reuse)—
    (I) supplied to consumers in association with products sold and
    consumed, or intended for consumption, on a producer’s
    premises, and
    (II) in the form of multi-unit containers which are used to facilitate
    the sale and consumption of products on a producer’s premises,
    and
    (ii) account shall not be taken of—
    (I) 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
    (II) packaging material and packaging where such material or
    packaging is supplied by, or used in the supply of products
    by, that producer to persons outside of the State, and
    (III) packaging waste supplied by a recovery operator (who is not
    the producer if the producer is a major producer) to the producer
    for the purposes of treatment, recovery or disposal.
    PART II
    PRIMARY OBLIGATIONS ON ALL PRODUCERS
    Packaging waste arising on a producer’s premises
    5. (1) A producer shall ensure that packaging waste arising on the producer’s
    premises, (including back-door waste) is—
    (a) (i) in the case of specified packaging waste—
    (I) transferred, for the purposes of recovery, to a producer of
    packaging material, packaging or packaged products of a type
    or brand, to which the packaging waste in question relates, or
    (II) separated at source by material type and collected by, or on
    behalf of, the producer, or by a recovery operator, for the
    purposes of recovery, and
    (ii) in the case of all other packaging waste—
    12 [282]
    (I) transferred, for the purposes of treatment, recovery or disposal,
    to a producer of packaging material, packaging or
    packaged products of a type or brand, to which the packaging
    waste in question relates, or
    (II) collected by, or on behalf of, the producer, or by a recovery
    operator, for the purposes of treatment, recovery or disposal,
    or
    (b) separated at source by material type for the purpose of facilitating the
    recovery of said waste on-site, principally as a fuel or other means, to
    generate energy effectively in accordance with a licence or permit
    required under the Act.
    (2) Waste collected by a recovery operator, or transferred to a producer, for
    the purposes of recovery in accordance with sub-regulation (1)(a)(i) shall not
    be disposed of by that recovery operator, or as appropriate by that producer, or
    as appropriate by any other person.
    (3) Sub-regulation (2) shall not prejudice the disposal of residual waste arising
    out of any recovery operation.
    (4) The requirements of sub-regulation (1)(a)(i) shall not apply to specified
    packaging waste which is contaminated so as to pose a risk to the health of
    any person.
    (5) A person shall not contaminate specified packaging waste.
    (6) For the purposes of this regulation a local authority may give a direction
    in writing to a producer in relation to the separation at source of packaging
    waste, for the purpose of avoiding contamination or to facilitate the recovery or
    disposal of that waste, and a producer shall comply with such a direction.
    Information on packaging destined for reuse
    6. A producer shall, where 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, compile and maintain
    records for each trip or rotation of the packaging destined for reuse which will
    at least provide for—
    (a) a description of the packaging destined for reuse;
    (b) the material type of the packaging destined for reuse;
    (c) the aggregate weight of the packaging destined for reuse;
    (d) the number of units of the packaging destined for reuse;
    (e) the date on which the packaging destined for reuse, or products in
    packaging destined for reuse, was sold or otherwise supplied to the
    customer;
    [282] 13
    (f) the date on which the packaging destined for reuse was returned by
    the customer to the producer for the purpose of it being refilled or
    used for the same purpose for which it was conceived;
    (g) the date on which the packaging destined for reuse was refilled or used
    for the same purpose for which it was conceived by the producer; and
    (h) all supporting information used for, or in conjunction with, the preparation,
    compilation and maintenance of such records.
    Information on the weight of packaging
    7. A producer who supplies to another producer packaging material, packaging
    or packaged products shall comply with any reasonable request from the
    latter producer for data on the weight of the material or packaging concerned
    sufficient to enable the latter producer to comply with these Regulations.
    Obligation regarding recovery operators
    8. (1) For the purposes of regulations 5 and 10, a producer shall ensure that
    a person purporting to be a recovery operator holds all necessary licences or
    permits required under the Act, or is otherwise exempt from the requirement
    to hold a permit or licence.
    (2) In a prosecution for a contravention of sub-regulation (1), it shall be a
    good defence to prove that the producer took all reasonable steps, including the
    making of reasonable enquiries, to establish that a person held all necessary
    licences or permits required under the Act, or was otherwise exempt from the
    requirement to hold a permit or licence.
    PART III
    ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS
    Application of Part III and Regulation 25
    9. The provisions of regulations 10 to 16 and regulation 25 shall apply to all
    major producers unless such producers are exempt in accordance with regulation
    17.
    Requirements on major producers to recover and recycle packaging waste
    10. (1) A major producer shall—
    (a) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises at or from which such major producer supplies
    packaging material, packaging or packaged products, a notice
    complying with the requirements specified in Part 1 of Schedule 2;
    (b) provide facilities at each premises specified in paragraph (a) for the
    acceptance, segregation and storage of packaging waste in accordance
    with these Regulations;
    14 [282]
    (c) provide facilities at each premises specified in paragraph (a) whereby
    customers may remove, segregate and deposit packaging from products
    or substances purchased at that premises;
    (d) accept from any person, free of charge between the hours of 9.30 a.m.
    to 5.30 p.m., each Monday to Friday, at any premises specified in
    paragraph (a), any packaging waste relating to packaging material,
    packaging or packaged products of a type or brand supplied by that
    major producer; and
    (e) within a week of being requested so to do, collect, or arrange for the
    collection of, from any producer to whom the major producer supplies
    packaging material, packaging or packaged products, any packaging
    waste relating to packaging material, packaging or packaged products
    of a type or brand supplied by the major producer.
    (2) The purpose, location and availability of facilities to be provided for the
    purpose of sub-regulations (1)(b) and (1)(c) shall be notified or advertised 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.
    (3) A major producer who supplies packaging material, packaging or packaged
    products otherwise than from a premises shall, in order to fulfil the obligations
    set out in sub-regulation (1), acquire or otherwise obtain the use of a
    premises located in the functional area of each local authority in which such
    major producer carries on business, which premises shall, in relation to the functional
    area of a local authority, be deemed for the purposes of these Regulations
    (save where the context otherwise requires) to be premises specified in subregulation
    (1)(a) at which the major producer carries on business in that functional
    area.
    (4) During the months of March and September in each calendar year, a
    major producer shall—
    (a) publish in one or more newspapers circulating in the functional area
    of the local authority in which its premises is situate a notice complying
    with the requirements of Part 5 of Schedule 2; and
    (b) provide copies of all notices published to the local authority within
    ten days of the date of publication of such notices.
    Recovery and recycling targets for major producers
    11. (1) Without prejudice to sub-regulation (2), on and from the date of commencement
    of these Regulations, a major producer who is an importer of packaged
    products or is a packer/filler shall take such steps as are necessary to ensure
    that in any quarterly period, the aggregate weight of packaging waste which is
    accepted or, as appropriate, collected by that major producer for the purposes
    of recovery—
    [282] 15
    (a) is not less than 55% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period, and
    (b) that a minimum 50% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period is recovered by way of
    recycling,
    until the 30th day of December 2008.
    (2) On and from the 31st day of December 2008, a major producer who is an
    importer of packaged products or is a packer/filler shall take such steps as are
    necessary to ensure that in any quarterly period, the aggregate weight of packaging
    waste which is accepted or, as appropriate, collected by that major producer
    for the purposes of recovery—
    (a) is not less than 60% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period, and
    (b) that a minimum 55% of the aggregate weight of packaging material
    and packaging imported or packed/filled and supplied by that major
    producer in the preceding quarterly period is recovered by way of
    recycling, and, where appropriate,
    (c) that a minimum—
    (i) 60% by weight for glass, and as appropriate,
    (ii) 60% by weight for paper and board, and as appropriate,
    (iii) 50% by weight for metals, and as appropriate,
    (iv) 22.5% by weight for plastics, and as appropriate,
    (v) 15% by weight for wood,
    supplied by that major producer in the preceding quarterly period is
    recovered by way of recycling.
    (3) Without prejudice to the generality of sub-regulations (1) and (2), such
    steps as are necessary to ensure compliance with the recovery and recycling
    targets may include—
    (a) accepting or collecting packaging waste from customers of the major
    producer, or from any other person,
    (b) placing a notice in one or more newspapers circulating in the functional
    area of the local authority in which the premises of the major
    producer is situate stating that the major producer will accept or collect
    packaging waste,
    16 [282]
    (c) giving the notice referred to in paragraph (b) or drawing the attention
    of the public, or of business, to the notice, through other forms of
    broadcast or electronic media.
    Purchase of packaging waste
    12. (1) A major producer shall not purchase packaging waste, either directly
    or indirectly, from any other major producer, whether that major producer is a
    member of an approved body or otherwise for the purposes of fulfilling its
    obligations under regulation 11.
    (2) Where a major producer purchases packaging waste for the purpose of
    fulfilling its obligations under regulation 11, that major producer shall—
    (a) keep a record of the type, amount and source of such packaging
    waste, and
    (b) provide a declaration, signed by a competent person, 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, and
    shall include the aforementioned information in the quarterly report to each
    relevant local authority required under the provisions of regulation 15.
    (3) Notwithstanding sub-regulation (2), where a major producer purchases
    packaging waste for the purpose of fulfilling its obligations under regulation 11,
    that major producer shall—
    (a) purchase an amount of packaging waste in respect of each material
    type, in direct proportion to the aggregate weight of each material
    type of packaging material and packaging imported or packed/filled
    and supplied by that major producer in the preceding quarterly
    period, and
    (b) source a minimum 20% of the aggregate weight of any packaging
    waste purchased from household packaging waste.
    Registration and certification of major producers
    13. (1) Subject to regulation 17, a major producer shall, in respect of each
    premises specified in regulation 10(1)(a)—
    (a) apply for registration to the local authority in whose functional area
    the premises is situate not later than the 31st day of March 2008 or
    the date of commencement of business, whichever is the later, and
    (b) apply for renewal of such registration to the relevant local authority,
    not later than the 31st day of January in each year following initial
    registration, subject only that a major producer shall not be required
    to make such application within four months of initial registration.
    [282] 17
    (2) A major producer who makes an application to a local authority under
    sub-regulation (1) shall be registered by that authority provided that the requirements
    of regulation 14 are complied with.
    (3) A major producer shall not be deemed to be registered until a Certificate
    of Registration has issued by the local authority to which the application for
    registration was submitted.
    (4) A major producer shall not be deemed to have renewed his or her registration
    until a Certificate of Renewal of Registration has issued by the local
    authority to which the application for renewal of registration was submitted.
    (5) A local authority shall issue a Certificate of Registration or a Certificate of
    Renewal of Registration as expeditiously as possible and, in any event, within—
    (a) six weeks of the date of receipt of an application for registration or
    renewal of registration, or
    (b) two weeks after the date of receipt of further information or particulars
    requested by a local authority in connection with such an
    application,
    whichever is the later.
    (6) Notwithstanding sub-regulation (5), a local authority may refuse an application
    for renewal of registration under this regulation where it considers that a
    major producer has, in the preceding twelve month period, failed to satisfactorily
    implement the three-year implementation plan submitted for the purposes of
    regulation 15 or, as the case may be, failed to comply, in whole or in part, with
    the provisions of regulations 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 25.
    (7) A major producer who supplies packaging material, packaging or packaged
    products from premises in the functional area of more than one local authority
    shall designate its main branch or another nominated branch as having
    responsibility for the purposes of sub-regulation (1).
    (8) The branch designated by a major producer for the purposes of sub-regulation
    (1) shall be obliged to apply for registration or renewal of such registration
    to all local authorities in whose functional areas such major producer
    operates premises involved in the supply of packaging material, packaging or
    packaged products.
    Application for registration or renewal of registration
    14. (1) An application for registration under regulation 13 shall be made in
    writing, shall contain at least the information set out in Part 1 of Schedule 3 and
    shall be accompanied by a copy of the three-year implementation plan required
    to be prepared under regulation 15(1)(a).
    (2) An application for renewal of registration under regulation 13 shall be
    made in writing, shall contain at least the information set out in Part 2 of Schedule
    3, and shall be accompanied by a copy of the annual report required to be
    18 [282]
    prepared under regulation 15(2)(a), and where appropriate, by a copy of a new
    three-year implementation plan prepared in accordance with regulation
    15(2)(b).
    (3) Notwithstanding sub-regulations (1) and (2), where a major producer fails
    or refuses to supply a complete application, which shall include—
    (a) the information set out in Part 1 of Schedule 3 in the case of an application
    for registration, or as appropriate,
    (b) the information set out in Part 2 of Schedule 3 in the case of an application
    for renewal of registration, or as appropriate,
    (c) any further information or particulars requested by a local authority
    in connection with such application for registration or, as appropriate,
    renewal of registration,
    within four weeks of the date of a request by the local authority for a completed
    application or, as appropriate, further information, the local authority may, if it
    thinks fit, return such incomplete application to the major producer.
    (4) A major producer shall notify, within ten days, the relevant local authority
    of any changes to the information provided in, as the case may be, an application
    for registration or, as appropriate, an application for renewal of registration.
    (5) An application for registration or for renewal of registration under regulation
    13 shall be accompanied by a fee equivalent to €15 per tonne of packaging
    material and packaging placed on the market, which—
    (a) in the case of the initial registration of a premises at which business
    has been carried on by the applicant for a period of twelve months
    or more immediately prior to application, was supplied by the applicant
    at that premises in the twelve month period prior to the date of
    application for registration,
    (b) in the case of the initial registration of a premises at which business
    has not been carried on by the applicant for a period of twelve months
    or more immediately prior to application, is likely to be supplied by
    the applicant at that premises in the twelve month period subsequent
    to the date of application for registration,
    (c) in the case of a renewal of registration in respect of a premises, was
    supplied by the applicant at that premises in the period since initial
    registration or last preceding renewal of registration as the case may
    be,
    save that the amount of fee shall be not less than €500, and not more than
    €15,000 subject to sub-regulations (6) and (7), in respect of a premises.
    [282] 19
    (6) Not later than the 30th day of November each year and having regard to
    any change in the consumer price index since the determination of the maximum
    fee in respect of a premises for the time being in force, the Minister may—
    (a) review the maximum fee in respect of a premises and may by order
    amend that maximum fee in accordance with the results of that
    review, and
    (b) notify each local authority in writing of the revised maximum fee in
    respect of a premises.
    (7) In this sub-regulation, “change in the consumer price index” means the
    difference between the All Items Consumer Price Index Number last published
    by the Central Statistics Office before the date of the determination under this
    sub-regulation and the said number last published before the date of the preceding
    review under sub-regulation (6), expressed as a percentage of the last-mentioned
    number.
    Implementation plans, annual reports and quarterly reports
    15. (1) A major producer shall not later than the date on which application
    for registration is made under regulation 13—
    (a) prepare a three-year implementation plan specifying the steps to be
    taken by the said major producer in order to comply with the requirements
    of these Regulations, including the steps which the major producer
    intends to take to prevent or minimise packaging waste, and
    (b) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises specified in regulation 10(1)(a) but separate
    and adjacent to the notice required in regulation 10(1)(a), a notice
    complying with the requirements specified in Part 2 of Schedule 2.
    (2) A major producer shall not later than the date on which application for
    renewal of registration is made under regulation 13—
    (a) prepare an annual report specifying the steps taken by the said major
    producer in order to comply with the requirements of these Regulations
    in the preceding registration period, and the results of those
    steps, and
    (b) prepare a revised three-year implementation plan, having regard to
    experience in the preceding registration period, specifying the steps to
    be taken by the said major producer to comply with the Regulations,
    including the steps which the major producer intends to take to
    prevent or minimise packaging waste, and
    (c) fix and maintain in a conspicuous position, and in such manner as to
    be clearly visible to members of the public, within one metre of each
    entrance to each premises specified in regulation 10(1)(a) but separate
    and adjacent to the notice required in regulation 10(1)(a), a notice
    complying with the requirements specified in Part 3 of Schedule 2.
    20 [282]
    (3) A three-year implementation plan under sub-regulation (1)(a) or, as
    appropriate, a revised three-year implementation plan under sub-regulation
    (2)(b) shall contain at least the information set out in Part 3 of Schedule 3.
    (4) An annual report under sub-regulation (2)(a) shall contain at least the
    information set out in Part 4 of Schedule 3.
    (5) Without prejudice to commercial and industrial confidentiality, a copy of
    an implementation plan or an annual report prepared for the purpose of this
    regulation shall be made available, free of charge, by the major producer concerned
    to any person who so requests.
    (6) For the purpose of this regulation, “made available” includes sending the
    implementation plan or annual report, as the case may be, by post, fax or electronic
    mail to a person who so requests.
    (7) With effect from the date of registration in accordance with regulation 13,
    a major producer shall, within ten days of the end of each quarterly period,
    compile, maintain and submit to the relevant local authority the information
    (hereinafter referred to as the “quarterly reports”) set out in Part 5 of Schedule
    3.
    (8) It shall be the responsibility of a major producer to retain, for a period of
    three years after the end of the period in question, such records as are necessary
    to verify the accuracy of the quarterly reports compiled, maintained and submitted
    in accordance with sub-regulation (7).
    (9) The quarterly reports to be submitted by a major producer to a local
    authority under sub-regulation (7) shall, where the relevant local authority so
    requires, be in a form specified by the authority.
    (10) Without prejudice to sub-regulations (1)(a), (2)(a), (2)(b), (3), (4), (7)
    and (9), the Minister from time to time may issue guidance concerning the presentation,
    structure and content of the three-year implementation plan and, as
    appropriate, the annual report and, as appropriate, the quarterly reports.
    Application of requirements
    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.
    [282] 21
    (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.
    22 [282]
    (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,
    [282] 23
    (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
    24 [282]
    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,
    [282] 25
    (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.
    26 [282]
    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,
    [282] 27
    (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/EC8
    , 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—
    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).
    28 [282]
    (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
    [282] 29
    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 ormopjopjophobb

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