Packaging Regulations 2014

A brief guide to the European Union (Packaging) Regulations 2014

 

The European Union (Packaging) Regulations 2014 promote the recovery of specified packaging waste and the reduction in packaging supplied. These regulations replace all the preceding packaging Regulations.

 

FREQUENTLY ASKED QUESTIONS

 

How do the Regulations affect my Business?

The European Union (Packaging) Regulations 2014 impose obligations on all producers including manufacturers, importers, distributors, wholesalers and retailers, who in the course of their business supply packaging to the Irish market. All producers of packaging are obliged to separate it at source into specific waste streams (aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood) and to arrange for its recovery, or return the used packaging to the supplier, if applicable. What is meant by the term "supply" in relation to packaging material, packaging and packaged products? "Supply" 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 either at the point of sale or immediately preceding the point of sale or at the point of delivery or immediately preceding the point of delivery shall be deemed to be supplied accordingly.

The Regulations place obligations on "producers" and "major producers" of packaging.

What is meant by the term "Producer” of Packaging? A producer is a person who in the course of business supplies packaging material to the Irish market. A producer is required to segregate waste on-site for recycling / recovery purposes. What is meant by the term "Major Producer" of Packaging Waste? I do not produce or make anything therefore I am not "producer" of packaging. Your company is a "major producer" of packaging if you had a turnover of more than €1m in the preceding calendar year, based on audited accounts, and you supply more than 10 tonnes of packaging on the Irish market per annum. Additional obligations are placed on major producers who must either register with Cork County Council or with the compliance scheme Repak. I am a Major Producer. What are my options?

 

You can become a "Self-Complier" by registering with Cork County Council, if your premise is within its administrative area.

or

You can join the compliance scheme Repak.

 

Self-Compliance option

The requirements placed on Self-Compliers are listed as follows; 

submit specified forms for registration/re registration, including quarterly reports, 3 year implementation plan and annual report Cork County Council,

take back packaging waste and provide facilities of same, erect specified notices for take back,

publish in newspapers specified notice for take back and

pay an annual levy of €15 per tonne of packaging supplied, no less than €500 and no more than €15,000.              

Importers, pack-fillers are obliged to accept / collect specified weights of packaging each quarter.

 

Repak option

Repak is an approved body under the Regulations. If you choose to become a Repak member, you will be required to pay an annual fee. In return, you will be discharged from the obligations placed on self-compliers, including the requirement to take back packaging waste. Contact details for Repak are shown below: Address: Repak Ltd., Redcow Interchange Estate, 1 Ballymount Road, Dublin 22. Telephone: 01/ 4670190: Fax: 01/4670197 Website:www.repak.iee-mail:info@repak.ie

Essential requirements for all producers of packaging

All producers must not supply packaging unless the packaging complies with the requirements of the "Essential Requirements". The "Essential Requirements" have been designed specifically to reduce the environmental impact of packaging and to avoid over-packaging. Packaging weight and volume should be minimised to the amount needed for safety, hygiene and acceptance of the packed product. Packaging must be recoverable and be suitable for recycling, energy recovery, composting, or reuse if designed for reuse.

Levels of specified noxious materials must not exceed 100 parts per million and should have minimum impact on the environment at end of life after recycling or energy recovery.

See the Fourth Schedule of the regulations for more information on the essential requirements.

What happens if I do not comply with the Regulations? Failure to comply is an offence and can result in a fine and / or prosecution.

What is the role of Cork County Council? Cork County Council is responsible for enforcing the legislation within its functional area and must ensure that every business is in full compliance. It has general powers to inspect all business premises and to request any relevant documentation or a Packaging Report.

Where can I get further information? Further information may also be had from the Waste Enforcement Section, Cork County Council, Inniscarra, Co. Cork

Telephone 021 4532763,

email antilitterunit@corkcoco.ie

or the following link to Cork County Council’s website www.corkcoco.iehttp://www.corkcoco.ie/co/web/Cork%20County%20Council/Departments/Environment%20%26%20Waste/Waste/Packaging%20Regulations

A copy of the European Union (Packaging) Regulations 2014 can be obtained from

http://www.irishstatutebook.ie/2014/en/si/0282.html

Further information on the background to these regulations may be had from the following link below;

http://www.environ.ie/en/Environment/Waste/ProducerResponsibilityObligations/PackagingWaste/#Regulations