Legislation
Packaging is regulated by the EC Directive on Packaging and Packaging Waste 94/62/EC (the Packaging Directive). This sets targets for the recycling and recovery of packaging materials, including plastics, and also requires that specified minimum standards of design are met. It requires member states to set up packaging recovery systems based on annual recycle rates, which increase yearly.Directive 2004/12/EC
Directive 2004/12/EC amending the original Directive 94/62/EC set new targets for packaging waste to be achieved by 2011. These include increased recovery and recycling rates as well as material-specific recycling targets.
The Waste Management (Packaging) Regulations, 2007
These Regulations replace the Waste Management (Packaging) Regulations 2003 as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 and the Waste Management (Packaging) (Amendment) Regulations 2006 and are designed to promote the recovery and recycling of packaging waste. They are intended, in particular, to facilitate the achievement of the targets for the recovery of packaging waste established by Directive 94/62/EC on packaging and packaging waste as amended by European Parliament and Council Directive 2004/12/EC of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste, so that by 31st December 2008:
1. a minimum of 60% of packaging waste by weight is recovered; and
2. a minimum of 55% of packaging waste by weight is recycled in total, including material specific recycling targets as follows:
3. 60% by weight for glass,
4. 60% by weight for paper and board,
5. 50% by weight for metals,
6. 22.5% by weight for plastics, and
7. 15% by weight for wood.
The Regulations impose obligations on producers who supply packaging (i.e. packaging material, packaging or packaged products) to the Irish market. An exemption from certain obligations is available to major producers who participate in a packaging waste recovery scheme operated by an approved body.
The Regulations provide that a producer may not supply packaging or packaged products to the Irish market unless the packaging concerned complies with specified essential requirements as to its nature and composition.
The Regulations also provide for limits on the concentration levels of certain heavy metals in packaging.
Directive 94/62/EC
Directive 94/62/EC on packaging and packaging waste requires Ireland to achieve recovery rates of 25% or more for packaging by 30 June 2001 and 50% or more by 31 December 2005.
All producers, including retailers, participating in the placing of packaging on the Irish market, must :
• segregate the packaging waste arising on their own premises into specified waste streams (i.e. waste aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood) and
• have it collected by authorised operators for recycling.
This effectively prohibits the landfill of such materials from commercial sources.
In addition, major producers i.e. those who have an annual turnover in excess of €1 million and who place more than 25 tonnes of packaging on the Irish market, have additional responsibilities with regard to the recovery of packaging waste from their customers.
Under the 2003 Packaging Regulations, major producers have the option of either:
• complying directly with their producer responsibility obligations (i.e. self-compliance), or
• getting an exemption from those requirements by becoming a member of a packaging waste compliance scheme.
Repak Limited – established by Irish industry in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste with a view to achieving Ireland’s packaging waste recovery and recycling targets under Directive 94/62/EC – is the sole approved compliance scheme for the recovery of packaging waste in Ireland.
Regulations
Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No 308 of 2006)
These regulations give effect in Ireland to Directive 2004/12/EC amending the original Directive 94/62/EC on packaging and packaging waste. The Regulations introduce new higher EU packaging waste recovery targets of 60% (with 55% by way of recycling) and includes material-specific recycling targets, to be achieved in Ireland by end 2011.
Waste Management (Packaging) Regulations, 2004 (S.I. No 871 of 2004)
These regulations amend the existing 2003 Packaging Regulations and came into effect on 30 December 2004. The new 2004 Regulations aim to further assist in promoting the recovery of packaging waste and in facilitating the achievement of Ireland's end 2005 packaging waste recovery targets established under Directive 94/62/EC on packaging and packaging waste.
Waste Management (Packaging) Regulations, 2003 (S.I. No. 61 of 2003)
These regulations came into effect on 1 March 2003 and revised and replaced the previous regulations made in 1997, and subsequent amending regulations made in 1998. The new Packaging Regulations strengthen and build upon the previous regulations and are intended to facilitate the achievement by Ireland of the 50% packaging waste recovery target by end 2005 as set out in Directive 94/62/EC on packaging and packaging waste.
Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007)
The regulations consolidate the current suite of regulations - the existing regulations of 2003 as well as the amending regulations of 2004 and 2006 respectively - to bring improved clarity, transparency and accessibility to the packaging waste regulatory regime. They also introduce a range of integrated measures aimed at optimising the recovery and recycling of packaging waste in Ireland, including a reduction from 25 tonnes to 10 tonnes in the de minimis (i.e. one of the thresholds to determine ‘major producer’ status) to spread the burden of compliance more equitably across all obligated producers in light of the higher targets that have to be achieved under Directive 2004/12/EC. The principal articles of the regulations come into effect on 31 March 2008.