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Packaging Regulations
Legislative background
The European Packaging Waste Directive (94/62/EC) places responsibility for the recovery and recycling of packaging waste onto those who handle packaging waste at any stage of the supply chain. The Directive was transposed into national legislation via the Waste Management (Packaging) Regulations, 1997. The 1997 Regulations were replaced by the Waste Management (Packaging) Regulations, 2003 (S.I. No. 61 of 2003) which came into effect on 1 March 2003. The 2003 Regulations have since been amended by the Waste Management (Packaging) (Amendment) Regulations, 2004 and 2006 (S.I. No. 871 of 2004 and S.I. No. 308 of 2006). The 2003 Regulations and its associated Amendment Regulations have since been replaced by the Waste Management (Packaging) Regulations, 2007 (S.I. No. 798 of 2007). The 2007 Regulations are in force since 31 March 2008.
Galway City Council is responsible for enforcing these regulations within its functional area. Failure to comply with the regulations may lead to prosecution.
Obligations on ALL Producers
The Regulations apply to all businesses that handle packaging in whatever form it arises in the course of their business.
Whether you manufacture, import, buy or sell packaged goods, whether you operate a factory, corner shop, hotel, take-away, pub or restaurant, these regulations apply to you.
All producers must ensure that all “specified packaging waste” does not go to landfill and is either separated/ segregated at source by material type and collected for the purpose of recovery/ recycling, or transferred back to the supplier of the packaging. It is the producers responsibility to ensure that the waste contractor handling the packaging holds all the necessary licences and permits required under the Waste Management Act, 1996 (as amended) to deal with each respective waste.
Additional obligations are placed on “major producers”. See below for more details.
How to Determine if you are a Major Producer
A major producer is a producer who, for the purposes of trade or otherwise in the course of business, sells or otherwise supplies to other persons packaging material, packaging or packaging products, where the aggregate weight of packaging material and packaging supplied within the State by such major producer exceeds or may be expected to exceed 10 tonnes in a calendar year, and has annual turnover of more than €1 million.
It is important to note that the onus is on the producer (and not the local authority) to prove they are not a major producer.
Turnover
Turnover may be declared by way of an accountant’s letter stating whether or not your turnover is above or below the specified €1m threshold. If turnover is below €1m, your business is not a major producer of packaging. You need to declare this to Galway City Council.
Amount of packaging supplied
If your premises supplies less than 10 tonnes of packaging per annum, you are not a major producer. An audit carried out by an external consultant is usually necessary to accurately determine the total weight of packaging supplied.
Packaging Report
All producer, including those who are not major producers are obliged to submit a packaging report, compiled by a ‘competent person’ if served with a legal notice. A timeframe of 6 weeks usually applies for submission of the report. The producer may nominate a “competent person” provided they fall within the scope of the definition in the Regulations and are subsequently approved by the relevant local authority.
Summary of Compliance Options for Major Producers
In addition to meeting the obligations placed on all producers (Part II of the Regulations), a major producer has two options to comply with the Regulations:
1. Become a Self-Complier by registering with Galway City Council and paying a registration fee. Self-compliers must re-register and pay registration fees on an annual basis. Self-compliance requires compliance with all relevant requirements of the Packaging Regulations including specified reporting requirements, the provision of certain facilities, the display of certain notices, the acceptance/take-back of packaging and specified advertising requirements.
2. Join Repak Ltd. Repak is the only Body approved under Article 17 of the Regulations. As a Repak member, an annual fee must be paid which is based on the type and quantity of packaging placed on the Irish Market. In return for this fee, Repak will discharge the major producer of their obligation to take back packaging and any other obligation to be met under self-compliance. Contact Repak Limited for more details. Tel: (01) 467 0190 or check out their website at www.repak.ie.
Contact the Environment Section, Galway City Council on (091) 536400 for more information or email: package@galwaycity.ie.