Review Of The Producer Responsibility Initiative Model In ... - Repak
Review Of The Producer Responsibility Initiative Model In ... - Repak
Review Of The Producer Responsibility Initiative Model In ... - Repak
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Request for Tender<br />
For<br />
Consultancy Project<br />
REVIEW OF THE PRODUCER RESPONSIBILITY<br />
INITIATIVE MODEL IN IRELAND.<br />
Department of the Environment, Community<br />
and Local Government,<br />
Newtown Road,<br />
Wexford,<br />
Co.Wexford,<br />
Ireland.<br />
4th April, 2012.
TABLE OF CONTENTS<br />
1. INTRODUCTION.<br />
1.1 Purpose<br />
1.2 Background<br />
1.3 EU Policy Dimension<br />
1.4 Domestic Waste Policy<br />
1.5 Challenges<br />
1.6 Steering Group<br />
1.7 Further <strong>In</strong>formation and Query Handling<br />
1.8 Timetable<br />
1.9 Financial Arrangements<br />
2. OBJECTIVES AND SPECIFICATION OF REQUIREMENTS.<br />
2.1 Waste Streams<br />
2.2 WEEE<br />
2.3 Batteries<br />
2.4 Packaging<br />
2.5 Farm Plastics<br />
2.6 End of Life Vehicles<br />
2.7 Tyres<br />
2.8 Construction and Demolition Waste<br />
2.9 Emerging Alternative Technologies and New Technologies<br />
2.10 Compliance Schemes<br />
2.10.1 <strong>In</strong>troduction<br />
2.10.2 Competition<br />
2.10.3 Corporate Governance<br />
2.10.4 <strong>In</strong>terrelationship between compliance schemes<br />
2.10.5 <strong>In</strong>formation and awareness<br />
2.10.6 Approval conditions<br />
2.10.7 Contingency funding<br />
2.10.8 Easing administrative burdens<br />
2.10.9 Self-compliance<br />
2.10.10 Possible new areas for PRI schemes<br />
2.11 WEEE Register Society<br />
2.12 Possibility for enhanced co-operation with Northern Ireland<br />
2.13 Enforcement<br />
2.14 Public and Stakeholder Consultation<br />
3. Format of Tender.<br />
3.1 Written Proposals<br />
4 EXAMINATION AND EVALUATION OF TENDERS.<br />
4.1 Examination<br />
4.2 Award Criteria<br />
4.3 Requirement for a successful Applicant<br />
4.4 Contractual Arrangements<br />
5 GENERAL CONDITIONS OF TENDER.<br />
6 ALLOCATION OF RESOURCES.<br />
2
7 PROJECT REVIEWS.<br />
8 PROJECT OUTPUTS.<br />
9 EXCLUSION CRITERIA.<br />
10 FREEDOM OF INFORMATION ACTS 1997 AND 2003.<br />
11 DISPUTES.<br />
12 DEADLINE FOR RECEIPT OF APPLICATIONS.<br />
13 ENQUIRIES.<br />
Schedules<br />
Appendices<br />
3
1. INTRODUCTION.<br />
1.1 Purpose.<br />
<strong>The</strong> Department of the Environment, Community and Local Government (DECLG)<br />
intends to conduct a wide ranging review of the existing producer responsibility (PR)<br />
agreements which are currently in operation in Ireland and the potential for the<br />
introduction of additional producer responsibility initiatives to help Ireland to meet its<br />
environmental obligations.<br />
This review will examine:<br />
<br />
<br />
<br />
<strong>The</strong> operation of the existing producer responsibility agreements;<br />
the scope for additional measures to improve the effectiveness of the existing<br />
producer responsibility agreements; and<br />
the potential to introduce further producer responsibility initiatives for the<br />
management of additional waste streams.<br />
<strong>The</strong> overall purpose of this review is to assess the nature and level of the challenges<br />
which are currently facing the existing <strong>Producer</strong> <strong>Responsibility</strong> Agreements as well as the<br />
forthcoming challenges that are expected to arise in the management of various waste<br />
streams. It is anticipated that the findings and recommendations from the review will form<br />
the basis for the development of robust producer responsibility initiatives that will enable<br />
Ireland to operate successfully in meeting our domestic and EU environmental obligations<br />
in the medium to long term.<br />
1.2 Background.<br />
<strong>The</strong> polluter pays principle is a fundamental principle of environmental protection. It<br />
suggests that waste generators should pay the full costs of waste management<br />
services provided including collection, treatment and disposal. <strong>Responsibility</strong> for the<br />
costs of waste management focuses attention on the implications of waste generation<br />
and also provides a direct economic incentive for waste prevention. Application of the<br />
principle also ensures that the waste management costs arising during the life of a<br />
product are internalised in the price charged to consumers. Such costs can be<br />
minimised where materials and products are managed in an environmentally effective<br />
manner throughout their life cycle. <strong>The</strong> Waste Management Act, 1996 established a<br />
legislative basis for producer responsibility initiatives (PRIs).<br />
<strong>The</strong> principal PRIs are in the areas of Waste Electrical and Electronic Equipment (WEEE),<br />
batteries, packaging, end-of-life vehicles (ELVs), tyres and farm plastics. <strong>The</strong> majority of<br />
these PRI schemes have operated very successfully and have enabled Ireland to reach<br />
our domestic and EU recycling targets. <strong>The</strong>y have also successfully contributed to Ireland<br />
meeting our overall environmental goals and have diverted substantial amounts of waste<br />
from landfill.<br />
PRIs allow producers to devise schemes that have the capacity to fulfill the basic<br />
objectives of waste management legislation without resort to a ”command and control”<br />
approach. For some waste streams, producers in Ireland have developed a<br />
Compliance Scheme approach to meet general objectives which would otherwise be<br />
imposed by detailed regulatory requirements. <strong>The</strong>se Compliance Schemes enable<br />
business to use its expertise to devise workable, effective and least cost arrangements<br />
that are sensitive both to commercial and environmental requirements. <strong>The</strong>y also have<br />
the advantage of promoting a pro-active attitude by business and facilitating an<br />
accelerated and smoother achievement of objectives. <strong>The</strong> most wide-ranging<br />
compliance schemes in Ireland are for packaging waste, WEEE and batteries – in<br />
these cases, the compliance scheme operates under an approval granted by the<br />
4
Minister. <strong>The</strong>se producer responsibility agreements are underpinned by legal<br />
obligations so that individual businesses which may opt out of a compliance scheme<br />
must then self-comply, as they cannot opt out of their obligations, or the costs<br />
associated with those obligations.<br />
1.3. EU Policy Dimension.<br />
<strong>The</strong> Revised Waste Framework Directive 2008/98/EC also contains a number of<br />
important new and enhanced obligations for the management of waste by Member<br />
States. <strong>The</strong> need for compliance with these requirements is likely to have considerable<br />
implications for producer responsibility schemes. Some of the more significant changes in<br />
binding waste management obligations arising from Directive 2008/98/EC include:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Article 4 provides that with certain limited exceptions, Member States shall<br />
ensure that the following waste hierarchy is applied as a priority order in waste<br />
prevention and management legislation and policy:<br />
(a) prevention;<br />
(b) preparing for re-use;<br />
(c) recycling;<br />
(d) other recovery, e.g. energy recovery; and<br />
(e) disposal.<br />
Article 6 on “end-of-waste status” creates a legal framework to govern “end-ofwaste<br />
status” for specific waste types. It establishes broad technical criteria under<br />
which certain specified wastes can cease to be waste. <strong>The</strong> existing Regulation<br />
(EU) No. 333/2011 on end-of waste scrap metal is expected to set the template for<br />
“end-of-waste” requirements for the individual waste types and confirms that the<br />
fulfillment of “end-of-waste criteria” will be very onerous, presenting corresponding<br />
challenges to ensure that high quality recycling is carried out.<br />
Article 8 on Extended <strong>Producer</strong> <strong>Responsibility</strong> is designed to allow Member States<br />
to develop measures to encourage producers to take responsibility for their<br />
products, including eco-design and the provision of publicly available information<br />
on the reusability and recyclability of products.<br />
Article 11 introduces an obligation for the establishment of separate collection of<br />
waste where it is "technically, environmentally and economically practicable”, as<br />
well as where it is appropriate to meet the necessary quality standards for the<br />
relevant recycling sectors.<br />
Article 14 provides that Member States may decide that the costs of waste<br />
management are to be borne partly or wholly by the producer of the product from<br />
which the waste came and that the distributors of such product may share these<br />
costs.<br />
Article 15 provides that the responsibility for arranging waste management is to<br />
be borne partly or wholly by the producer of the product from which the waste<br />
came and that distributors of such product may share this responsibility.<br />
Article 28 provides that Waste Management Plans (WMPs) shall be developed to<br />
cover the geographical extent of Member States in accordance with the principles<br />
of effective protection of the environment and human health, optimised and<br />
efficient use of resources, the waste hierarchy, self-sufficiency and proximity. <strong>The</strong><br />
WMPs should also contain, inter alia, an assessment for the need for new<br />
collection schemes and additional waste installation infrastructure, as well as<br />
supporting the implementation of the National Strategy on Biodegradable Waste.<br />
Article 29 provides that Waste Prevention Programmes (WPPs) shall be<br />
established in accordance with the principles of effective protection of the<br />
environment and human health, optimised and efficient use of resources and the<br />
waste hierarchy. It is a requirement of the WPPs, following the evaluation of a<br />
wide range of potential waste prevention measures, to set out waste prevention<br />
objectives that are designed to break the link between economic growth and the<br />
environmental impacts associated with the generation of waste. <strong>In</strong> this regard, EUwide<br />
indicators for waste prevention measures may be adopted.<br />
5
<strong>The</strong> European Commission has issued a Communication on “A resource-efficient<br />
Europe - Flagship <strong><strong>In</strong>itiative</strong> under the Europe 2020 Strategy”, which provides a longterm<br />
framework for coordinated actions across many policy areas and agendas,<br />
including climate change, energy, transport, industry and raw materials. <strong>The</strong> European<br />
Commission has also issued a complementary Communication on a “Roadmap to a<br />
Resource-Efficient Europe”, which sets out medium and long term objectives as well as<br />
the means needed to achieve these objectives. <strong>The</strong> Flagship <strong><strong>In</strong>itiative</strong> and the<br />
Roadmap are designed to lead the EU into economic transformation towards a more<br />
sustainable and competitive economy, and to contribute to world-wide efforts to ensure<br />
a transition towards a green economy. Some of the key milestones for the year 2020<br />
on the Resource Efficiency Roadmap will be of fundamental importance to producers<br />
and, accordingly, will have profound implications for producer responsibility schemes.<br />
<strong>The</strong>se milestones are to be facilitated by the implementation of a wide range of<br />
measures by the Commission and Member States.<br />
Relevant milestones identified for 2020 include:<br />
<br />
<br />
<br />
<br />
Citizens and public authorities should have the right incentives to choose the<br />
most resource efficient products and services, through the provision of<br />
appropriate price signals and clear environmental information. <strong>The</strong> desire of<br />
consumers for more sustainable purchases should stimulate eco-innovation in<br />
companies and to supply more resource efficient goods and services. Minimum<br />
environmental performance standards should be established to remove the<br />
least resource efficient and most polluting products from the market.<br />
Market and policy incentives that reward business investments in efficiency<br />
should be in place, stimulating new innovations in resource efficient production<br />
methods that are widely used. All companies and their investors should be able<br />
to measure and benchmark their lifecycle resource efficiency. Economic growth<br />
and wellbeing shall have been decoupled from resource inputs and shall derive<br />
primarily from increases in the value of products and associated services.<br />
Waste generated per capita shall be in absolute decline and waste will be<br />
managed as a resource with recycling and re-use of waste being economically<br />
attractive options for public and private actors due to the widespread availability<br />
of separate collection and the development of functional markets for secondary<br />
raw materials. More materials, including materials having a significant impact on<br />
the environment and critical raw materials, should be recycled.<br />
Waste legislation should be fully implemented and illegal shipments of waste<br />
shall have been eradicated. High quality recycling should be ensured, energy<br />
recovery should be limited to non recyclable materials and land filling should be<br />
virtually eliminated.<br />
Scientific breakthroughs and sustained eco-innovation efforts should<br />
dramatically improve the understanding, management, reduction of the use,<br />
reuse, recycling, substitution, safeguarding and valuation of resources. <strong>The</strong>se<br />
achievements should be facilitated through increases in investment, along with<br />
greater coherence in addressing the societal challenges of resource efficiency<br />
through gains from smart specialisation and cooperation within EU Research.<br />
<br />
<br />
<br />
A major shift from taxation of labour towards environmental taxation should lead<br />
to a substantial increase in the share of environmental taxes in public revenues.<br />
Stakeholders at all levels should be mobilised to ensure that policy, financing,<br />
investment, research and innovation are coherent and mutually reinforcing.<br />
Public and private decision-makers will be guided by ambitious resource<br />
efficiency targets and robust indicators in the drive for transformation of the<br />
economy towards greater resource efficiency.<br />
Resource efficiency should be recognised as a global priority and progress on it<br />
should be secured on the basis of agreed approaches.<br />
6
A Communication from the European Commission on a Revised Sustainable Production<br />
and Consumption (SCP) Action Plan is expected in late 2012. Green Public Procurement<br />
will be a key theme of the SCP Action Plan and it is also anticipated that actions<br />
addressing life cycle analysis methodologies, green criteria, the ecological footprint,<br />
reporting by companies and possible mandatory measures are being considered for<br />
inclusion in the Plan. Again, actions of this nature have a significant potential to impact on<br />
the current mode of operation of producer responsibility schemes.<br />
<strong>The</strong> “<strong>In</strong>novation Union” is another Flagship <strong><strong>In</strong>itiative</strong> in the “Europe 2020 Strategy”.<br />
<strong>In</strong>novation is seen as the key to building sustainable growth, as well as nondiscriminatory<br />
and greener societies. <strong>The</strong> new Eco-<strong>In</strong>novation Action Plan (EcoAP) is<br />
one of the commitments of the <strong>In</strong>novation Union Flagship <strong><strong>In</strong>itiative</strong>. Eco-<strong>In</strong>novation is<br />
any form of innovation resulting in or aiming at significant and demonstrable progress<br />
towards the goal of sustainable development, through reducing impacts on the<br />
environment, enhancing resilience to environmental pressures, or achieving a more<br />
efficient and responsible use of natural resources. Eco-innovation is crucial to<br />
delivering the Europe 2020 strategy for smart, sustainable and inclusive growth.<br />
<strong>The</strong> EcoAP should boost innovation that reduces pressure on the environment and<br />
should bridge the gap between innovation and the market. It should expand the focus<br />
from green technologies to the broader concept of eco-innovation, targeting specific<br />
bottlenecks, challenges and opportunities for achieving environmental objectives<br />
through innovation. Key aspects of the new Action Plan that will have consequences<br />
for producer responsibility schemes include:<br />
1. Using environmental policy and legislation to promote eco-innovation;<br />
2. Supporting demonstration projects and partnering to bring promising, smart and<br />
ambitious operational technologies to market;<br />
3. Developing new standards to boost eco-innovation;<br />
4. Mobilising financial instruments and support services for small and medium<br />
sized enterprises;<br />
5. Promoting international co-operation;<br />
6. Supporting the development of emerging skills and jobs and related training<br />
programmes to match labour market needs; and<br />
7. Promoting eco-innovation through European <strong>In</strong>novation Partnerships.<br />
Wastes containing POPs (persistent organic pollutants) are required to be managed in<br />
such a way as to ensure that the POP content is destroyed or irreversibly transformed so<br />
that the remaining waste and releases do not exhibit the characteristics of POPs in<br />
accordance with Regulation (EC) No. 850/2004.<br />
It is expected that there will be a Proposal in 2012 to amend the POPs Regulation to<br />
establish minimum concentration levels for certain types of waste (e.g. polybrominated<br />
diphenylethers) under which waste materials containing levels of these POPs above such<br />
thresholds would be regarded as "POPs-waste". <strong>The</strong>refore, any recycling of certain waste<br />
streams such as specific fractions of WEEE & ELVs containing POPs would only be<br />
permitted if such wastes were below these minimum concentration levels.<br />
<strong>The</strong>se developments for new POPs wastes may affect the manner in which producer<br />
responsibility schemes manage the wastes they collect.<br />
<strong>In</strong>adequate implementation and enforcement of EU environmental legislation has been<br />
highlighted as a major challenge by the European Environment Agency, European<br />
Parliament and the European Commission and under-performance is seen as a<br />
significant limiting factor in the anticipated benefits and achievements. A<br />
Communication from the Commission on a Proposal for a Seventh Environmental<br />
Action Programme (7EAP) is scheduled for publication in late 2012. As part of the<br />
wider resource efficiency agenda, itt is anticipated that the 7EAP will be more strategic<br />
in nature than the 6EAP, focusing on a limited number of important priorities such as<br />
7
further integrating environmental thinking into economic policy, identifying and<br />
agreeing ambitious targets for environmental outcomes and focusing on how the EAP<br />
can contribute to better and more consistent practical implementation of environmental<br />
legislation as distinct from the circa 150 actions contained in the 6EAP. <strong>In</strong> this regard,<br />
the Final Assessment of the 6EAP highlighted:<br />
"Poor implementation of environmental legislation undermines the achievement of<br />
objectives and the credibility of environment policy, and does not help to secure<br />
the commitment of other sectors to better performance. Commission experience<br />
points to weaknesses in the EU-wide environmental governance structure, and<br />
inadequacies in the information-related provisions of environmental legislation and<br />
other EU legislation, in monitoring and in inspections."<br />
"Obstacles to proper implementation of existing legislation need to be addressed,<br />
in particular governance issues at all levels in Member States, in order to protect<br />
the environment and limit negative consequences on public health."<br />
It is therefore anticipated that the focus on implementation will be shifted towards the<br />
development of knowledge bases and capturing of data through decentralised systems,<br />
involving a delegation of enforcement to Member States, together with a reporting of<br />
complaint types and numbers back to the Commission. <strong>The</strong> Commission has recently<br />
published a proposal on implementation , which is designed to enhance the effectiveness<br />
of all stakeholders by sharing information and adopting a co-ordinated approach to the<br />
delivery of satisfactory environmental performance. <strong>The</strong> wide body of existing<br />
environmental data also suggests the need to develop common methodologies for its<br />
compilation and analysis, as well as the identification of gaps where further data and<br />
information is required so that it can be used effectively as an evidence base both in<br />
implementation and policy formulation.<br />
This new regime is likely to have implications for the producer responsibility schemes.<br />
1.4. Domestic Waste Policy.<br />
Ireland has had a well developed waste policy which in many respects has served us well<br />
in the past decade. However, following an extensive public consultation, Ireland is now<br />
poised to further refine the waste management policy framework to take account of<br />
experience to date and to embrace new thinking and legislation emerging at EU level and<br />
internationally. <strong>The</strong> policy will be governed by the following principles:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<strong>The</strong> policy will be designed to minimise the volumes of waste generated and to<br />
extract the maximum value from that waste which arises.<br />
<strong>The</strong> policy will be aimed at delivering a positive environmental outcome and<br />
maximising the collective wellbeing through ensuring efficient, effective and<br />
progressive waste services for consumers and businesses.<br />
<strong>The</strong> policy will be calibrated both to the immediate demands Ireland faces and<br />
to the long-term challenges.<br />
<strong>The</strong> policy will be founded on a firm, evidence-based understanding of the<br />
many scientific, economic and social issues which are inherent elements of the<br />
waste policy discourse.<br />
<strong>The</strong> policy will be consistent with the cornerstones of National and European<br />
policy, including the waste hierarchy, the principle that the polluter pays,<br />
sustainable materials management and the urgent imperative to reduce<br />
greenhouse gas emissions.<br />
<strong>The</strong> policy will be in keeping with the complementary roles which the private<br />
and public sectors can play.<br />
<strong>The</strong> policy will be designed to facilitate necessary investment in infrastructure,<br />
within an appropriately regulated waste market framework.<br />
8
<strong>The</strong> policy will be sufficiently flexible to respond to emerging developments in<br />
relation to technology, operational practice and wider thinking in the waste<br />
management policy realm.<br />
Importantly, the Waste Policy Discussion Document put out to public consultation in<br />
August 2011 proposed that the use of economic instruments in a progressive manner to<br />
drive resource efficiency would be examined with a view to introducing levies at the<br />
appropriate time, and at the appropriate level, as Ireland continues to move further away<br />
from disposal as our main method for dealing with residual waste, with the initial focus<br />
being placed on packaging as set out in the Programme for Government.<br />
Green Tenders, an Action Plan on Green Public Procurement, is the first such Action<br />
Plan to be introduced in Ireland. Its overall objective is to assist public authorities to<br />
successfully plan and implement green public procurement (GPP) by highlighting<br />
existing best-practice and outlining further actions to boost green public procurement.<br />
Public procurement has the capacity to shape production and consumption trends and<br />
generates significant demand for greener goods, in that way enlarging markets for<br />
environmentally friendly products and services. <strong>The</strong> Action Plan, by adopting the EU<br />
indicative target of 50% of GPP (i.e. 50% of procurement contract incorporating green<br />
criteria), is considered an intrinsic element of the National Recovery Plan whereby<br />
greening the economy is linked with growth and sustainability; the target applies in<br />
respect of both the number and the value of public procurement contracts concluded.<br />
<strong>The</strong> Action Plan nominates eight product groups as priority groups for GPP, namely,<br />
Construction;<br />
Energy;<br />
Food and catering services;<br />
Transport;<br />
Cleaning products and services;<br />
Paper;<br />
ICT; and<br />
Uniforms and other textiles.<br />
Clearly there are significant synergies between Green Public Procurement and the<br />
expected role of extended producer responsibility.<br />
Rx3 has been engaged since October 2008 in the implementation of the Market<br />
Development Programme for Waste Resources, a resource efficiency programme whose<br />
aim is to develop markets for recyclable materials. <strong>The</strong> Programme contains 35 wideranging<br />
projects to be implemented over five years and the key objectives are to:<br />
<br />
<br />
<br />
Provide a framework to harness the full potential of existing markets for recyclable<br />
materials,<br />
Identify new applications and markets for recyclable material and secondary<br />
recycled products, and<br />
Identify and address barriers to the use and marketing of recyclable material in<br />
Ireland.<br />
<strong>The</strong> project is considered to be of key strategic importance in promoting the greening of<br />
the Irish economy and to the development of green enterprises in Ireland. <strong>The</strong> Rx3<br />
Programme is helping to support key national policy priorities including Environmental<br />
<strong>In</strong>novation, Research & Development and the benefits of North South co-operation.<br />
Given the passage of time since the establishment of the concept of producer<br />
responsibility in Ireland and the commencement of the operation of the compliance<br />
schemes, and given the environmental and economic challenges which we are now<br />
facing, this Department considers it necessary to review all aspects of the <strong>Producer</strong><br />
<strong>Responsibility</strong> <strong><strong>In</strong>itiative</strong> to ensure that Ireland is well placed to meet our domestic and EU<br />
9
ecycling targets over the next ten years. <strong>The</strong> challenges we are now facing, which are<br />
set out in Section 1.5 necessitate a re-examination of the existing concept, structure,<br />
organisation and rules of both the PRI model and compliance schemes which are<br />
currently in operation in Ireland.<br />
1.5. Challenges.<br />
<strong>The</strong>se prevailing challenges are set out at (a) to (d) below:<br />
(a).<br />
Economic situation.<br />
Given the current economic situation, firms are examining all aspects of expenditure and<br />
seeking to lower their costs. Environmental compliance cost is no different to any other<br />
cost in the financial management of a business and lower environmental compliance<br />
costs are actively being sought from the compliance schemes. It is therefore of crucial<br />
importance that the recycling compliance sector is competitive.<br />
<strong>The</strong> increasing value of metal and commodity prices is creating difficulties in terms of<br />
encouraging illegal operators to enter the market, competing with and, in certain cases,<br />
depriving the compliance schemes of WEEE. <strong>In</strong> tandem with the existing efforts of both<br />
local authorities and the <strong>Of</strong>fice of Environmental Enforcement to tackle illegal operators,<br />
we will need to examine our existing waste regulations and systems to ensure that illegal<br />
operators are effectively tackled and that the compliance schemes continue to get access<br />
to feedstock. It is also important that we examine our communications with the general<br />
public to ensure they continue to understand messages regarding appropriate end–of-life<br />
recycling from the perspective of legitimate business and the protection of the<br />
environment and the environmental and other consequences associated with illegal<br />
operators.<br />
(b)<br />
Programme for Government.<br />
<strong>The</strong> current Programme for Government (PfG) makes a commitment to drive a waste<br />
reduction programme through the extension of producer responsibility initiatives.<br />
<strong>In</strong> meeting this objective one of the aims of this review will be to identify what current<br />
waste streams would benefit from having their existing PRI either further developed or<br />
amended to ensure that Ireland meets the relevant EU targets. This review should also<br />
help identify, with the necessary consultation with all stakeholders, what other waste<br />
streams might be suitable for the development of further PRIs or voluntary agreements<br />
with producers regarding eco-design and the management of end-of-life waste products.<br />
One of the central themes of the PfG is to increase competitiveness and create jobs. This<br />
Department expects that this review will enable the PRIs to meet future increased<br />
domestic and EU recovery and recycling targets, make the PRIs more efficient and<br />
effective and produce the dual benefits of lowering costs of compliance for business while<br />
increasing compliance levels. <strong>The</strong> lower compliance costs should also assist in the<br />
broader PfG aims of securing existing jobs and growing new employment opportunities.<br />
(c)<br />
Regulatory Environment.<br />
<strong>In</strong> the regulatory environment, both at a domestic and EU level, it is expected that there<br />
will be new waste stream recycling targets. It is necessary to examine the current<br />
structure of some of the existing PRIs to ensure that they will be able to deliver upon new<br />
and increased recovery and recycling targets. <strong>The</strong> review is expected to identify if there<br />
are areas where we must make urgent and immediate changes to meet our targets,<br />
achieve the crucially important environmental objectives involved, and avoid possible<br />
infringement action by the European Commission.<br />
10
We must both anticipate and respond to the needs of existing and future compliance<br />
scheme companies. Some existing compliance schemes have indicated a wish to expand<br />
their operations into other waste streams in order that they might reflect the wishes of their<br />
members to provide a ‘one-stop-shop’ scheme that can meet their recycling needs across<br />
different waste streams. <strong>In</strong> addition, new operators may also wish to enter the recycling<br />
market to operate as compliance schemes. If there is a developing trend whereby multiple<br />
compliance schemes operate in a waste stream, then we need to examine the need to<br />
alter the existing regulatory framework in terms of the present operation, structure and<br />
rules underpinning the PRI system, including the procedures for the approval of<br />
compliance schemes. Any new regulatory system would need to ensure that competition<br />
is facilitated, works effectively, reduces costs to producers whilst maintaining a high level<br />
of environmental compliance.<br />
<strong>The</strong> area of self-compliance by producers in various waste streams will also need to be<br />
fundamentally examined. We need to ensure that self-compliance is being monitored and<br />
to also ensure that the relevant recycling activities are being undertaken and are being<br />
properly accounted for in domestic and EU targets. <strong>In</strong> addition, it is crucial that selfcompliers<br />
do not enjoy an unwarranted competitive advantage in comparison to members<br />
of compliance schemes.<br />
(d).<br />
Reengineering of the compliance schemes.<br />
As indicated in the preceding section, a primary focus of this review will be to examine the<br />
operation, structure and rules of the PRI schemes particularly where it is a possibility that<br />
certain waste streams will have to plan for multiple compliance schemes and where these<br />
individual schemes potentially manage more than one type of waste.<br />
<strong>In</strong> this scenario, it will be necessary to examine how such a system would operate from a<br />
number of perspectives, including the geographic market breakup, if any, of the<br />
compliance schemes, the operation of the black box (secure, confidential collection of<br />
data, ensuring its integrity), the information and awareness regime and the ability of firms<br />
and producers to switch between individual schemes. Also, we also require an<br />
examination on the feasibility to assign the responsibility for the achievement of targets to<br />
compliance schemes.<br />
<strong>The</strong> primary activities of the compliance schemes since their inception have been in the<br />
areas of waste collection, recovery and recycling. It will be necessary, while continuing<br />
these activities, to increase the focus of the compliance schemes on the prevention of<br />
waste and, in regard to WEEE and packaging waste streams, to develop a policy to<br />
further develop the implementation of reuse in Ireland, in accordance with the priority<br />
order of the waste hierarchy in Article 4 of Directive 2008/98/EC.<br />
Another issue is the co-operation between the schemes on a broad range of issues; what<br />
structure or processes would ensure the most efficient, competitive delivery of<br />
requirements in a co-ordinated manner. <strong>The</strong> appropriate contribution of self-compliers to<br />
key cross-cutting issues, such as information and awareness raising, also need to be<br />
examined.<br />
We are aware that Irish people wish to recycle so we should ensure that they have clear<br />
information and awareness messages which will provide maximum return and negate any<br />
possible confusion for consumers by exposure to multiple awareness messages from<br />
different compliance schemes. We also need to examine from what sources consumers<br />
receive their decisive recycling messages and ascertain the impact on consumer<br />
behaviour from the messages that are provided both from the compliance schemes and<br />
other sources.<br />
1.6. Steering Group.<br />
11
<strong>The</strong> Department of the Environment, Community and Local Government has established<br />
a steering group to oversee and monitor the delivery and completion of the contract.<br />
1.7. Further <strong>In</strong>formation and Query Handling.<br />
Every effort has been made to ensure that this documentation contains all the necessary<br />
information for completion of tenders. However, in the interests of equity, requests for<br />
additional information, clarification on the content of this document and all other queries of<br />
substance (other than in relation to purely factual or procedural matters) must be made in<br />
writing or by email. Any additional information elicited will be made available to all<br />
potential tenderers who have obtained a copy of this document either via the etenders or<br />
<strong>Of</strong>ficial Journal of the European Union websites.<br />
Any queries should be submitted by email or in writing only, not later than 17.00 on<br />
Tuesday 8 th May, 2012 addressed to: Mr Roger Harrington, Environment Policy,<br />
Department of the Environment, Community and Local Government, Newtown Road,<br />
Wexford, Ireland, Fax: +353 53911 7603 or e-mail: roger.harrington@environ.ie<br />
1.8. Timetable.<br />
<strong>The</strong> timetable in relation to this tender process is as follows:-<br />
Latest time and date for receipt of tenders: Tuesday 15 th May, 2012 at 17:00 hours<br />
Meeting with consultants shortlisted for Monday 21 st May, 2012<br />
interview (Section 4.2.5 refers):<br />
Award of contract: By end May, 2012.<br />
Commencement of Contract: June,1 st 2012<br />
<strong>The</strong> timescale for completion will be discussed in more detail with the successful<br />
contractor. However, in the interests of ensuring maximum utility to the policy process,<br />
any elements of the study, which are capable of being treated as discrete pieces of<br />
work, should be progressed faster and delivered once completed. <strong>In</strong> particular, this<br />
applies to the areas of ELVs, packaging and corporate governance, where the<br />
Department will require completed assessment and recommendations within three<br />
months from the commencement date.<br />
1.9. Financial Arrangements.<br />
Payment for services covered by this invitation to tender will be on foot of appropriate<br />
invoices, which will be based on the completion of deliverables in accordance with the<br />
schedule submitted by the tenderer. <strong>In</strong>voicing arrangements will be agreed with the<br />
successful service provider, following the award of contract. A contract entered into on<br />
foot of this Request for Tenders is subject to the Prompt Payments of Accounts Act, 1997.<br />
Twenty percent of the tender amount shall be retained until satisfactory completion and<br />
delivery of the completed final project report and electronic data. Withholding tax at the<br />
current rate shall be deducted from the amounts due for payment.<br />
2. OBJECTIVES AND SPECIFICATION OF REQUIREMENTS<br />
2.1. Waste streams.<br />
As outlined in Section 1 above, DECLG proposes to appoint consultants to conduct a<br />
review of the <strong>Producer</strong> <strong>Responsibility</strong> model as identified in the Programme for<br />
Government.<br />
12
<strong>The</strong> study should examine and report on, in relation to the specific waste streams that<br />
are subject to PRI: –<br />
<br />
<br />
<br />
<br />
<br />
the suitability and effectiveness of the current statutory and regulatory<br />
arrangements particularly when compared against best practice in other Member<br />
States,<br />
the effectiveness of the current competitive dynamic in the waste streams where<br />
PRI operates and how it can be maximised (i.e. existing schemes enhanced and/<br />
or additional schemes made subject to PRI) to increase competition, lower costs<br />
for producers & lower the potential for free-riders, and also bearing in mind the<br />
potential increase in costs which might arise due to the increases in the number of<br />
compliance schemes,<br />
the costs of recycling for Irish producers, including both the actual costs of<br />
recycling and the administrative costs of the compliance scheme,<br />
the effectiveness of the current use of information and awareness within the PRI<br />
and recommendations for its enhancement,<br />
the suitability, availability and quality of waste recycling infrastructure and services,<br />
which are present in Ireland and relevant to PRIs including the practical potential<br />
for the use of emerging technologies.<br />
We have set out below an outline of each of the different waste streams and the issues<br />
which require to be examined in the review by the successful tenderer.<br />
2.2. WEEE.<br />
2.2.1. <strong>In</strong>troduction.<br />
Ireland's European Communities (Waste Electrical and Electronic Equipment) Regulations<br />
2011, S.I. No. 355 of 2011 transpose the EU WEEE Directive 2002/96/EC into national<br />
legislation. <strong>The</strong>re are two compliance schemes, WEEE Ireland and ERP Ireland who are<br />
licensed to handle business to consumer waste while business to business producers<br />
self-comply. <strong>Producer</strong>s must register with the WEEE Register Society, which is the<br />
national independent registration body, and report to the black box, on the amount of EEE<br />
they place onto the Irish market.<br />
<strong>The</strong> WEEE Directive requires producers to be responsible for the financing of the<br />
collection, treatment, recovery and environmentally sound disposal of WEEE from 13<br />
August 2005. It means that final users of such household WEEE are entitled to leave that<br />
waste back free of charge, either to retail outlets in instances where a replacement item is<br />
purchased, or other authorised collection points, including local authority civic amenity<br />
sites. Ireland has been very successful in implementing the WEEE Directive and our latest<br />
figures (2010) show that we have collected more than 8kg of WEEE per person which is<br />
almost double the EU target of 4kg.<br />
2.2.2. Requirements<br />
<strong>In</strong> our transposition of the WEEE Directive, Ireland introduced a regime of visible<br />
environmental management charges (vEMCs) which meant that an additional amount<br />
was displayed to the cost of electrical equipment to pay for the proper environmental<br />
treatment for the goods at their end-of-life. <strong>The</strong>se costs applied solely to the end-of-life<br />
treatment of pre- August 2005 WEEE, (known as historic WEEE). <strong>The</strong> approved WEEE<br />
compliance schemes in Ireland currently hold a level of reserves which is set against the<br />
future treatment needs of historic WEEE. We require a thorough and robust examination,<br />
in conjunction with all stakeholders, of the exact amount of funding that is required to be<br />
held to discharge the responsibilities for the remaining amounts of historic WEEE.<br />
13
If this examination concludes that, after discharging the requirements for all outstanding<br />
end-of-life treatment of historic WEEE, a surplus of funds still remains, then<br />
recommendations shall be provided on how to utilise the remaining funds in a way which<br />
is in line with the legislative requirements and is reflective and supportive of this<br />
Department’s environmental policies and the Waste Framework Directive.<br />
Ireland’s two compliance schemes for WEEE (WEEE Ireland and ERP Ireland) currently<br />
operate under an approval from DECLG. Certain inter-scheme balancing arrangements<br />
also operate pursuant to a voluntary agreement. Any barriers to transfer of producers<br />
between the compliance schemes should be identified. Recommendations shall be<br />
provided for a regime whereby producers can readily switch between the two compliance<br />
schemes without losing rights or entitlements. This switching regime should be simple,<br />
straight forward and administratively easy for the producers. It should also involve an<br />
arrangement as to how producers can bring the funds that they paid for historic WEEE<br />
with them as well as analysis of the historic movements of producers between the<br />
schemes and the effect of the non-transfer of funds will be required to fund such<br />
considerations.<br />
<strong>In</strong> late 2010 and throughout 2011, as a consequence of the overall problem of metal theft<br />
across Europe, we have seen increasing misappropriation of WEEE, whereby quantities<br />
of WEEE flow outside legal channels, commonly known as “WEEE leakage”. This has<br />
become a serious problem and we need further recommendations as to how we combat<br />
this leakage and retain the flow of WEEE within the legal channels. <strong>The</strong>se<br />
recommendations would have the dual aims of (i) contributing to Ireland meeting the<br />
targets which will be contained in the newly recast EU WEEE Directive and (ii) ensuring<br />
that WEEE is diverted to channels which will ensure its proper end-of-life treatment while<br />
ensuring that legitimate operators are not put at a competitive disadvantage.<br />
Since the implementation of the WEEE Directive in Ireland, we have maintained a regime<br />
of vEMCs or visible costs. This regime of visible costs expires in early 2013 but Member<br />
States, under the recast WEEE Directive may continue to show environmental costs. We<br />
need an examination of the benefits and disadvantages of retaining such a structure in the<br />
future, e.g. what is the perception of consumers of these fees and do they play an<br />
important part in terms of awareness-raising for consumers<br />
We also require recommendations as to how to boost the collection rates for WEEE in<br />
Ireland. <strong>The</strong> study should examine examples of best practice of WEEE collection in<br />
Europe and see if there are systems which could be adopted for use here. <strong>In</strong> examining<br />
best practice models, we should also examine what specific measures can be taken to<br />
incentivise the various participants in the WEEE collection chain in order that we can<br />
maximise the collection of WEEE. We also require an analysis of the options in the recast<br />
WEEE Directive for Ireland in regard to the WEEE placed on the market approach versus<br />
the WEEE Generated approach.<br />
Advice should be provided on a reuse protocol and how an ongoing scheme of reuse and<br />
preparing for reuse can be implemented for the WEEE waste stream having regard to the<br />
legislative requirements, e.g. should reuse be led by separate dedicated compliance<br />
scheme(s) or through the existing WEEE compliance schemes Also, how can the<br />
concept of reuse be best communicated to the general public and endeavours of existing<br />
reuse organisations and commercial companies be most appropriately integrated into the<br />
reuse system. Finally, as part of this reuse system, we need to develop a methodology<br />
which allows the Environmental Protection Agency (EPA) to capture the data on WEEE<br />
prepared for reuse which is necessary for statistical returns to the European Commission.<br />
<strong>In</strong> common with certain other waste streams where the position regarding the compliance<br />
schemes and their inter-relationship has evolved through a network of producer<br />
responsibility agreements, it is now necessary to review these structures to see if there is<br />
a need for further enhancement in order to cater for the emerging regulatory regime. <strong>In</strong><br />
particular the operation of the existing producer responsibility agreements should be<br />
14
eviewed, the possible introduction of further schemes examined and recommendations<br />
should be provided (in line with Section 2.10.4) for a more robust inter-scheme<br />
framework. <strong>The</strong> geographical split that exists currently between the two schemes in this<br />
area needs to be examined in terms of its effectiveness and impact on competition<br />
between the compliance schemes.<br />
2.3. Batteries.<br />
2.3.1. <strong>In</strong>troduction.<br />
Ireland's Waste Management (Batteries and Accumulators) Regulations, S.I No. 268 of<br />
2008 fully transposes the EU Directive 2006/66/EC on waste batteries into national<br />
legislation. <strong>The</strong>se regulations provide for the free take back of all portable waste batteries<br />
and accumulators, otherwise known as rechargeable batteries, in-store and at designated<br />
locations. <strong>The</strong> Directive facilitates the effective environmental management of waste<br />
batteries and accumulators.<br />
<strong>The</strong> domestic arrangements for batteries mirror those for WEEE where two compliance<br />
schemes, WEEE Ireland and ERP Ireland are licensed to recover and recycle batteries.<br />
<strong>Producer</strong>s must register with the WEEE Register Society, which is the national<br />
independent registration body, and report to the black box, on the amount of batteries<br />
they place onto the Irish market. Ireland has recently exceeded the interim EU target of<br />
25% for battery recycling by September 2012 with a recycling rate of over 29% achieved<br />
at end 2011.<br />
2.3.2. Requirements.<br />
Ireland has met the 2012 EU battery collection recycling target of 25%. We need further<br />
advice on initiatives that might be taken to raise the battery collection recycling rate to<br />
meet future targets, as a more onerous EU battery collection target of 45% is applicable in<br />
2016. As with WEEE, recommendations are also required regarding the inter-relationship<br />
between the schemes operating in this area, i.e. what is the most competitive structure<br />
that the Department can put in place to ensure that maximum efficiencies of operation are<br />
achieved, that members can transfer easily between schemes and that self-compliers<br />
contribute effectively to achievement of targets. <strong>The</strong> geographical split that exists currently<br />
between the two schemes in this area needs to be examined in terms of its effectiveness<br />
and competitiveness.<br />
<strong>The</strong> study should examine examples of best practice of battery collection in Europe and<br />
see if there are systems which could be adopted for use here. <strong>In</strong> examining possible<br />
measures, consideration should also be given to the possible rebranding of national<br />
battery collection measures under one umbrella brand.<br />
2.4. Packaging.<br />
2.4.1. <strong>In</strong>troduction.<br />
<strong>The</strong> regulatory regime governing packaging waste has been in place in Ireland since 1<br />
July 1997 although the original regulations have been revised and replaced on two<br />
substantive occasions (primarily due to the imposition of higher recovery/recycling<br />
targets), both in 2003 and more latterly in 2007. <strong>The</strong> 2007 Regulations, S.I. No. 798 of<br />
2007 provide the necessary legal framework to facilitate the recovery and recycling of<br />
packaging waste in Ireland.<br />
Under the regulations, obligations are imposed on the suppliers of packaged goods,<br />
packaging material or packaging e.g. shops, pubs, supermarkets, wholesalers,<br />
15
manufacturers, importers, exporters and other suppliers - all such suppliers are referred<br />
to as “producers” of packaging. All producers must segregate the packaging waste<br />
arising on their own premises into specified waste streams (i.e. waste aluminium,<br />
fibreboard, glass, paper, plastic sheeting, steel and wood) and have it collected by<br />
authorised operators for recycling. <strong>In</strong> tandem with the above requirements, the landfill of<br />
such materials from commercial sources is prohibited. <strong>Producer</strong>s are also obliged to<br />
provide information, within a reasonable period of time, to other producer customers in<br />
relation to the weight of packaging they have supplied and use only authorised recovery<br />
operators for the collection and recovery of packaging waste.<br />
Additional obligations are imposed on producers who exceed specific de minimus criteria<br />
(i.e. meet both a turnover threshold and a tonnage threshold) and whom are subsequently<br />
referred to as “major producers”. A major producer is a producer whose turnover is<br />
greater than €1 million (excluding trade discounts and VAT) and who supplies 10 tonnes<br />
or more of packaging material or packaging to the Irish market. Major producers have<br />
responsibilities for the recovery of packaging waste from their customers (including the<br />
provision of segregated receptacles on their premises for the acceptance of packaging<br />
waste), meeting prescribed targets, on-site signage, public advertising, data reporting and<br />
registration with local authorities.<br />
Major producers have the option of either complying directly with their producer<br />
responsibility obligations (i.e. self-compliance), or alternatively, getting an exemption from<br />
those requirements by becoming a member of a packaging waste compliance scheme.<br />
Part IV of the regulations provides for the establishment of “approved bodies” and sets out<br />
the requirements for an application to the Minister in this regard. Subject to the provisions<br />
of Part IV of the regulations, any person or body corporate may apply for approval to<br />
operate as an “approved body” for the recovery of packaging waste. Currently <strong>Repak</strong><br />
Limited is the sole approved compliance scheme for the recovery of packaging waste in<br />
Ireland and, in 2010, it achieved a packaging waste recovery rate of 74%, which is<br />
significantly in excess of the EU Directive requirement of 60%.<br />
2.4.2. Requirements.<br />
At present, there is one approved packaging compliance scheme. Again, in common with<br />
certain other waste streams, advice is required as to how:<br />
<br />
<br />
<br />
<br />
the impact of the introduction of one or more other compliance schemes in this<br />
area, in view of the potential benefits of competition,<br />
the approval of a second or more schemes would operate in practice,<br />
changes might be necessary to the regulatory regime to optimise arrangements in<br />
this regard,<br />
the continued achievement of targets would be ensured should the analysis<br />
support the introduction of other schemes in this area, details should be provided<br />
in terms of target achievement, market breakdown and the avoidance of<br />
replication on information and awareness.<br />
This regulatory regime should also have an emphasis on co-operation between the<br />
schemes.<br />
<strong>The</strong> PfG contains a commitment to explore a packaging levy and this Department has<br />
recently completed a consultation process with stakeholders on that issue. <strong>In</strong> connection<br />
with this possible levy, the Department is now seeking the following, (i) an economic<br />
analysis of the possible affects of a packaging levy, (ii) options on how a possible<br />
packaging levy might operate, (iii) possible alternatives to a packaging levy which would<br />
yield corresponding reductions in packaging (iv) how might a packaging levy work in<br />
tandem and affect the operation of the compliance schemes and (v) an examination of<br />
16
initiatives such as deposit and refund and reverse vending both as stand alone options or<br />
in tandem with a packaging levy. .<br />
<strong>The</strong> current Packaging Regulations should be reviewed and, in particular, the issue of self<br />
-compliance and the de minimus rule shall be examined. Currently, under the Packaging<br />
Regulations, producers are allowed to fulfil their obligations by self-complying. We require<br />
a full examination of all the considerations and practical issues underpinning the principle<br />
of self-compliance. <strong>The</strong> study should assess whether the practice of self-compliance is<br />
ensuring an equivalent level of fulfilment of a producer’s environmental obligations at<br />
comparable cost to that of participation in a compliance scheme. <strong>The</strong> economic and<br />
environmental implications of altering the de minimus rule should also be assessed.<br />
2.5. Farm plastics.<br />
2.5.1. <strong>In</strong>troduction.<br />
<strong>The</strong> Waste Management (Farm Plastics) Regulations, 2001, S.I. No. 341 of 2001 are<br />
designed to promote the recovery and collection of farm plastics waste (silage wrap and<br />
sheeting). <strong>The</strong> Regulations require a producer of farm plastics (manufacturers and/or<br />
importer) to either:<br />
<br />
<br />
Become directly involved in the recovery of farm plastics waste from customers<br />
through offering a deposit and refund scheme<br />
Or<br />
Participate in a government approved recycling scheme.<br />
<strong>The</strong> Irish Farm Films <strong>Producer</strong>s Group (IFFPG) was established in 1997 and comprises<br />
membership of film manufacturers, importers and suppliers. It is a not-for-profit<br />
organisation and is at present the sole approved body in Ireland for the purposes of<br />
operating a compliance scheme for the recovery of farm plastics. Under the terms of its<br />
approval, IFFPG is required to meet specified targets for the recovery of farm plastics.<br />
<strong>The</strong> current target set for IFFPG is to recover 60% of all farm plastics placed on the<br />
market by its members in 2012 and in 2010 they have achieved this target.<br />
2.5.2. Requirements.<br />
Currently there is only one compliance scheme approved for farm plastics.<br />
Recommendations shall be provided on whether it is possible or feasible, from an<br />
economic perspective, to have multiple schemes approved for this waste stream.<br />
Recommendations are also required on how to combat illegal imports and exports of farm<br />
plastics, in particular those from Northern Ireland.<br />
<strong>In</strong> line with PfG objectives, we require an analysis of the feasibility of incorporating other<br />
types of farm plastics materials and other agri-wastes into a possible PRI. <strong>The</strong> study<br />
should analyse whether there is still a need for the levy which operates in the farm plastics<br />
PRI.<br />
2.6. End-of-Life vehicles.<br />
2.6.1. <strong>In</strong>troduction.<br />
<strong>The</strong> Waste Management (End of Life Vehicles) Regulations 2006, S.I. No. 282 of 2006,<br />
fully transpose Directive 2000/53/EC. Under these regulations, each vehicle manufacturer<br />
or importer is required to have a national collection system in place made up of at least<br />
one such treatment facility in every local authority area.<br />
17
<strong>The</strong>se facilities provide a free take-back service for vehicles of that producer's brand. An<br />
authorised treatment facility that forms part of a producer’s network is bound to accept any<br />
specified vehicle of that producer's brand. If essential parts of the vehicle (e.g. engine,<br />
gearbox, transmission and catalytic converter) are missing, or the vehicle contains waste,<br />
then a charge may apply. An operator of an authorised end-of-life vehicle treatment facility<br />
(ATF) is obliged to:<br />
<br />
<br />
<br />
<br />
<br />
<br />
Issue the registered owner with a certificate of destruction;<br />
Ensure the facility is operated under an appropriate waste licence or permit;<br />
Meet the minimum technical requirements for the storage, treatment and<br />
recovery of end-of-life vehicles and the storage of components containing<br />
fluids, spare parts, etc;<br />
Keep records of end-of-life vehicle materials for reuse, recycling, recovery and<br />
disposal and report these records to local authorities annually;<br />
Forward the details of the certificate of destruction to the National Vehicle and<br />
Driver File, maintained by the Department of Transport;<br />
<strong>The</strong> vehicle must be treated within 10 days of being deposited at the facility.<br />
<strong>The</strong> treatment of end-of-life vehicles at dedicated treatment centres, designed to<br />
dismantle vehicles in accordance with environmental best practice, allows hazardous<br />
substances to be removed and segregated from the main vehicle metal mass. Thus there<br />
is a welcome reduction in the volumes of hazardous waste that would have been<br />
previously generated by the shredding of whole vehicles without any pre-treatment. Such<br />
a practice resulted in the contamination of non-hazardous components with hazardous<br />
components, leading to greater overall volumes of hazardous waste.<br />
By virtue of the above, the end-of-life vehicles Regulations has resulted in hazardous<br />
waste prevention and minimisation. It should also be noted that the EU Directive<br />
2000/53/EC places obligations on producers of vehicles to ensure that certain hazardous<br />
substances are not used.<br />
2.6.2. Requirements.<br />
One of the principal areas of concern in this review is the area of end-of-life vehicles. This<br />
waste stream operates pursuant to EU Directive 2000/53/EC which obliges Ireland to<br />
meet certain targets for the recovery and recycling of vehicles at their end–of-life. To date,<br />
Ireland has not been able to meet the targets set out in this Directive in respect of the<br />
recovery and recycling of ELVs and immediate steps must be taken to address this<br />
serious breach of EU environmental requirements. By 2015, more stringent EU targets<br />
will come into force for the recycling/recovery of ELVs.<br />
An examination of all aspects of the end-of-life vehicle system currently in operation is<br />
necessary and recommendations are required on how to improve the structure and<br />
environmental outputs of the end-of-life vehicle system. <strong>The</strong> study should examine<br />
examples of best practice for managing the end-of-life vehicle process in other Member<br />
States. Recommendations shall be provided for systems, including funding & reporting<br />
systems, which could be adopted for use here. As part of these recommendations, we<br />
require an analysis of the most beneficial uses for auto shredder residue.<br />
A recommendation is also required as to whether a system of arrangements could be put<br />
in place that would benefit from the establishment by the producers (motor vehicle<br />
manufacturers) of a compliance scheme which would have responsibility for the oversight<br />
of the system and meeting the EU targets. Details regarding the regulatory regime, data<br />
collection, the option of self-compliance, information and awareness, and other relevant<br />
issues should also be provided.<br />
18
2.7. Tyres.<br />
2.7.1 <strong>In</strong>troduction.<br />
<strong>The</strong> Waste Management (Tyres and Waste Tyres) Regulations 2007, S.I. No. 664 of 2007<br />
were introduced to tackle the inadequacy of information on tyre flows and the<br />
management of waste tyres and put in place an improved regulatory framework. <strong>The</strong><br />
Regulations facilitate the comparison of quantities of waste tyres arising with the amounts<br />
placed on the market and tracking the movement of waste tyres from the time they are<br />
discarded until they are either reused or processed for recycling. <strong>The</strong> Regulations impose<br />
obligations on persons who supply tyres to the Irish market (producers and suppliers) and<br />
waste tyre collectors to submit quarterly reports on tyre flows to either their local authority<br />
or the compliance scheme they are participating in.<br />
<strong>The</strong>re are two approved collective compliance schemes; Tyre Recovery Activity<br />
Compliance Scheme (TRACS) and Tyre Waste Management (TWM) which were<br />
approved by the Minister for the Environment in 2007 (TRACS) and 2009 (TWM). Both<br />
are not-for-profit bodies.<br />
2.7.2 Requirements.<br />
<strong>The</strong> PRI bodies approved by this Department for waste tyres have an objective to ensure<br />
the proper management of all waste tyres by tracking tyre and waste tyre flows. <strong>The</strong>re is<br />
no commitment to meet specified targets nor do they arrange for the collection and<br />
recovery of tyres. <strong>The</strong> structural and environmental effectiveness of all aspects of the<br />
current system need to be reviewed to assess whether this system is ensuring the<br />
appropriate environmental management of waste tyres.<br />
A fundamental review is required of all aspects of the current system and<br />
recommendations should be provided which are designed to urgently improve its<br />
operation and ensure that waste tyres are managed according to best environmental<br />
practice. Recommendations on how to manage the movement of tyres and waste tyres<br />
across the border to/from Northern Ireland in order to ensure that waste is properly<br />
managed and that data is accurately recorded are also required. Recommendations for<br />
future changes in this area, including consideration of the establishment of a system of<br />
arrangements in accordance with international best practice, should be supported by<br />
details setting out the necessary regulatory regime, operational requirements, selfcompliance<br />
issues, information and awareness requirements and other relevant issues<br />
and should take account of the recently commenced North South study on Waste Tyres.<br />
2.8. Construction and Demolition.<br />
2.8.1. <strong>In</strong>troduction.<br />
A voluntary scheme operates in this sector by way of an industry led initiative. <strong>The</strong><br />
National Construction Demolition Waste Council was established in 2002 with the<br />
objective of providing a framework to meet the policy and targets set out by the<br />
Government in the policy document Changing Our Ways and other such policies as may<br />
be set from time to time. At the time five sub-committees (<strong>In</strong>frastructure and Facilities,<br />
Markets for Recycled Materials and Specifications, Project Best Practice and Waste<br />
Management, <strong>Review</strong> of Regulatory Framework, <strong>In</strong>formation, Public Awareness and<br />
Funding) were established to assist with the key objectives.<br />
<strong>The</strong> Council played a key role in raising the awareness of this waste stream and in<br />
improving the management and recycling of such waste. A website was developed and<br />
contains a number of very useful documents.<br />
19
2.8.2. Requirements.<br />
<strong>The</strong> PfG contains a commitment to examine the establishment of producer responsibility<br />
for construction and demolition projects over a certain threshold. <strong>In</strong> addition, it also<br />
requires that these arrangements would be reinforced through compliance bonds. We<br />
require recommendations regarding the categories of waste material that ought to be<br />
included and the manner in which a producer responsibility system could operate<br />
successfully within the construction and demolition waste sector. We also require an<br />
analysis of how a system of compliance bonds could operate successfully.<br />
Recommendations for future changes in this area should be supported by details setting<br />
out the necessary regulatory regime, operational requirements, self-compliance issues,<br />
information and awareness requirements and other relevant issues.<br />
2.9. Emerging Alternative Technologies and New Approaches.<br />
This review should generally consider, as part of the context for the review, the use of all<br />
new or emerging alternative technologies, which could potentially be employed: -<br />
- to support the recovery of PRI waste from the municipal waste stream,<br />
- to contribute towards the reduction of Waste within the PRI <strong><strong>In</strong>itiative</strong>,<br />
- to increase the recovery rate for PRI waste generally.<br />
- to ensure the environmentally sound treatment and management of<br />
residual waste and hazardous waste in the PRI waste streams, and<br />
<strong>The</strong> <strong>Review</strong> should also consider-<br />
further measures to enhance the prevention and minimisation of PRI waste and to<br />
encourage the preparation for reuse of recovered PRI waste resources;<br />
further measures which could be undertaken to support the development of<br />
indigenous reprocessing capacity for PRI waste;<br />
potential new PRI waste/resource management processes / business models;<br />
the desirability of further producer responsibility schemes;<br />
measures to promote potential new technologies and techniques;<br />
potential regulation and legislation, including -<br />
- <strong>Producer</strong> <strong>Responsibility</strong>/Product Stewardship,<br />
- Extended <strong>Producer</strong> <strong>Responsibility</strong> including measures required for<br />
implementation,<br />
- Green public procurement or similar measures to promote stable markets<br />
and demand for reusable and recycled products and associated services,<br />
- Mandatory annual reporting on resource use and waste production;<br />
2.10. Compliance schemes.<br />
2.10.1. <strong>In</strong>troduction.<br />
As set out in Section 1 above, there are a number of issues which are impacting on the<br />
environment in which the <strong>Producer</strong> <strong>Responsibility</strong> <strong><strong>In</strong>itiative</strong> model in Ireland operates. One<br />
of the cornerstones of this initiative in Ireland has been the introduction of compliance<br />
schemes. <strong>The</strong>se schemes, which have been established by producers to process end-of -<br />
life environmental obligations, currently operate in a number of waste streams in Ireland.<br />
<strong>The</strong> Department recognises that a fundamental review of the operation of the compliance<br />
schemes in Ireland is an integral part of this overall review. Accordingly, in addition to the<br />
specific issues identified in sections 2.1 – 2.9, we require a more general examination of<br />
these schemes across a number of headings set out below.<br />
20
2.10.2. Competition.<br />
A central focus of the current Programme for Government is to create jobs and improve<br />
the competitive environment for business in Ireland. Accordingly, there is a need to<br />
ensure that the optimal competitive environment is provided for compliances schemes.<br />
<strong>The</strong>refore, an examination across all of the waste streams is required as to whether the<br />
current arrangements are inhibiting competition and if so, recommendations should be<br />
provided as to how this situation can be improved. <strong>In</strong> terms of ensuring competition<br />
among compliance schemes, and in particular lowest compliance costs for businesses<br />
consistent with the achievement of the environmental outcomes required,<br />
recommendations are also required on the optimum numbers of compliance schemes that<br />
could maximise operational efficiencies in each waste stream.<br />
<strong>In</strong> analysing the overall nature of the competitive aspects of the market for compliance<br />
schemes, it will be necessary, as set out above, to review the existing geographic division<br />
for the collection of WEEE and batteries and to suggest possible new ways to open up the<br />
market to multiple compliance schemes operating within a given waste stream.<br />
Given the overall national imperative to improve competitiveness, a benchmarking of the<br />
costs incurred by producers in Ireland is required against those of other European<br />
Member States in respect of the individual waste streams which are subject to producer<br />
responsibility. This benchmarking exercise should also include a breakdown and analysis<br />
of the cost base of Irish compliance schemes against their European counterparts plus an<br />
analysis of the costs incurred for the actual recycling of the waste.<br />
2.10.3. Corporate Governance.<br />
It is recognised that the compliance schemes which operate in Ireland are unusual in that<br />
they operate in commercial markets but are not-for-profit organisations. While this might<br />
be a unique model within the EU, we require these compliance schemes to operate to the<br />
highest standards of corporate governance. <strong>In</strong> recommending a code of corporate<br />
governance, best national and international practice should be examined, both in terms of<br />
the organisations themselves and their relationship with DECLG e.g. should service level<br />
agreements or contracts be put in place to manage the performance of these schemes;<br />
what sanctions should be considered for under-performance <strong>In</strong> the final analysis, it is<br />
proposed that the level of responsibility resting with producers will be examined, as will<br />
mechanisms for applying appropriate financial penalties, where it has been clearly<br />
demonstrated that a scheme has breached any of the conditions of its approval, including<br />
failure to meet agreed performance targets.<br />
2.10.4. <strong>In</strong>terrelationship between compliance schemes.<br />
<strong>The</strong> Department has seen an increasing level of enquiries by companies who wish to<br />
seek to operate as compliance schemes. Given this trend, where we might have multiple<br />
compliance schemes operating in various waste streams in the future, it is essential to<br />
examine the appropriate levels of cooperation which need to exist between schemes in<br />
various areas. Should specific requirements be inserted into a compliance schemes<br />
approval, for example, which would oblige the compliance scheme, to actively<br />
communicate and co-operate with other approved bodies on issues <strong>The</strong> intention here,<br />
by using increased and enhanced co-operation, is to avoid duplication, reduce costs and<br />
explore synergies between schemes.<br />
Also, given the possibility of multiple schemes, recommendations should be provided<br />
around a dispute resolution mechanism which could be used for settling disputes between<br />
compliance schemes. <strong>The</strong> aim of the dispute resolution protocol should be to settle any<br />
disputes at the lowest possible level between the organisations.<br />
21
2.10.5. <strong>In</strong>formation and awareness.<br />
One specific area which we require analysis of is the area of information and awareness.<br />
All of the compliance schemes operate information and awareness campaigns. <strong>The</strong>se<br />
campaigns range from large-scale, national mainstream media campaigns to smaller,<br />
local or regional campaigns. We need an analysis of how much is spent by the<br />
compliance schemes on these activities and how successful they are in mobilising actual<br />
increased prevention, reuse and recycling behaviour. As we move to possibly more<br />
compliance schemes we also need an analysis and examination of whether it is more<br />
efficient and effective to remain with schemes devising and running individual information<br />
and awareness campaigns or whether another approach could produce better results and<br />
be more cost-effective, e.g. could a separate entity assume responsibility for this and levy<br />
the schemes with the costs involved<br />
<strong>The</strong> issue of the contribution of self-compliers to information provision and awarenessraising<br />
should be examined; currently self-compliers are not required to contribute to this<br />
activity.<br />
This Department wishes to get an overall view of the sources from which Irish people get<br />
their recycling messages. We need to examine which media types and campaigns have<br />
the most effect on the recycling behaviour. Also, as domestic and European waste<br />
recycling targets increase and it becomes increasingly difficult to achieve targets, we need<br />
to ensure that our recycling messages are reaching all socio economic classes and we<br />
need specific recommendations to support this.<br />
Given the huge expansion of social networking and the fact that social networking now<br />
accounts for 1 in every 6 minutes spent online, we need to have an analysis of the social<br />
networking plans of the compliance schemes. We also need further recommendations as<br />
to how we can utilise this medium to increase awareness of recycling in the future. We<br />
also require an analysis of whether new entrant compliance schemes can easily access<br />
existing information and awareness activities.<br />
2.10.6. Approval conditions.<br />
We require an examination of the terms and conditions of the approvals which are<br />
currently granted to compliance schemes. <strong>In</strong> examining the approvals, we also need to<br />
ensure that a proportionate amount of the administrative burden is carried by the<br />
compliance scheme and not solely by the Department and its agencies.<br />
Other areas where we require specific examination and recommendations involve the<br />
possibility of introducing fees for an approval to operate as a compliance scheme.<br />
2.10.7. Contingency funding.<br />
One of the current approval conditions of the compliance schemes requires that funding<br />
equivalent to approximately one year’s operational costs is held as a reserve. This<br />
contingency would then be set against recycling costs if the scheme was to cease<br />
operating. We need to examine this figure to see if it is appropriate that schemes hold this<br />
amount of contingency reserves and if a greater use of risk management techniques<br />
within the corporate governance framework could negate the need for this level of<br />
contingency reserve.<br />
2.10.8. Easing administrative burdens.<br />
This Department is conscious that we must continue to reduce the administrative burdens<br />
which we place on producers and firms generally. Also, under both EU and domestic<br />
22
initiatives, we are required to reduce administrative burdens and we require<br />
recommendations in the areas of data gathering, reporting, monitoring and enforcement<br />
that will achieve this.<br />
2.10.9. Self-compliance.<br />
<strong>In</strong> all of the PRI areas, producers must have the option of either self-complying with their<br />
environmental obligations or participating satisfactorily in an approved scheme which will<br />
fulfil their obligations for them. As already identified above, a number of issues concerned<br />
with self-compliance need to be examined: contribution to target achievement;<br />
contribution to awareness-raising; and equity between the obligations for self-compliers<br />
and scheme members. This research should also examine the general effectiveness, in<br />
terms of environmental protection, of self-compliance and the relative costs versus<br />
scheme membership costs.<br />
Depending on the particular PRI, self-compliers are required to register with their local<br />
authority or EPA and pay an appropriate fee; the local authority or EPA as appropriate is<br />
responsible for the enforcement of the self-compliance mechanism. We require an<br />
analysis of the effectiveness of this structure in terms of meeting Ireland’s environmental<br />
obligations, with recommendations for any structural improvements, cost adjustments or<br />
additional self-complier requirements.<br />
2.10.10. Possible new areas for PRI schemes.<br />
This review should also help identify, with the necessary consultation with all<br />
stakeholders, what other waste streams might be suitable for the development of further<br />
PRIs or voluntary agreement regarding the handling of end of life waste. <strong>In</strong> examining<br />
such other possible waste streams, the <strong>Review</strong> should have regard to the<br />
recommendations of the National Hazardous Waste Management Plan, which considered<br />
a number of waste streams to be suitable for further evaluation as possible producer<br />
responsibility initiatives.<br />
<strong>In</strong> particular, the position of newspapers, magazines and farm plastic chemical containers<br />
should be examined and assessed as to whether there would be environmental and<br />
economic benefits to the development of a possible PRI.<br />
2.11. WEEE Register Society.<br />
<strong>The</strong> WEEE Register Society (WRS) is the body which registers producers for WEEE and<br />
Batteries compliance in Ireland and it oversees the maintenance of the independent black<br />
box. We need to examine the costs of this operation and the fees charged to producers<br />
for registration and examine this against similar operations in other EU countries. Also,<br />
arising from the examination of the structural arrangements in other waste streams, we<br />
need to assess whether any additional black box or other responsibilities might be<br />
assigned to the WEEE Register Society. We also require an examination of the integrity of<br />
the data placed in the black box.<br />
An examination is also required of other possible responsibilities which might be assigned<br />
to the WEEE Register Society given the recast of the WEEE Directive and other possible<br />
developments in other waste streams. Given the expertise and experience of the WEEE<br />
Register Society, and in the context of the ongoing drive for public service efficiency,<br />
consideration should be given to whether there is scope and capacity to assign other<br />
responsibilities for maintaining other non-waste related national registers to the WRS.<br />
23
2.12 Possibility for enhanced co-operation with Northern Ireland.<br />
<strong>The</strong> Department has a very good working relationship with our counterparts in Northern<br />
Ireland, working constructively both through the existing structures in the North South<br />
Ministerial Council (NSMC) and on a bilateral basis on issues outside the NSMC<br />
framework. We would welcome recommendations on how to increase environmental<br />
protection across the PRI area through even greater cooperation, particularly in the area<br />
of enforcement.<br />
2.13. Enforcement.<br />
A key part of the producer responsibility regime is the issue of enforcement. We require<br />
an analysis of the effectiveness of our enforcement arrangements through an evaluation<br />
of local authority Recommendation of Minimum Criteria for Environmental <strong>In</strong>spections<br />
(RMCEI) plans and recommendations as to how enforcement measures can be simplified<br />
and improved. Full regard should be had to all aspects of the emerging national waste<br />
policy.<br />
2.14. Public and stakeholder consultation.<br />
Given the wide ranging nature of this review, DECLG intends to invite comments from the<br />
general public, local authorities, environmental non governmental agencies and from<br />
other stakeholders. <strong>The</strong> successful tenderer will be required to analyse any comments<br />
received and conduct a range of meetings with key stakeholders.<br />
3. FORMAT OF TENDER<br />
Tenders must address all the requirements and must be in the format requested below.<br />
Tenders not in this format will not be considered.<br />
3.1. Written Proposals.<br />
A written proposal should be made for the entire consultancy team proposed to carry out<br />
the work and should confirm acceptance of the terms of this brief and include a preferred<br />
maximum of 25 A4 pages of core information not including Annexes. <strong>The</strong> written proposal<br />
should also include: -<br />
<br />
the Form of Tender and Schedules 1, 2 and 3, complete with the relevant details.<br />
An overview of: –<br />
<br />
the applicant’s perception of the work and the issues involved in the study and of<br />
the methods, skills, expertise and experience necessary to carry it out successfully<br />
(in this regard, it should be noted that while the main issues relevant to the<br />
production of the report have been outlined above, other issues which the<br />
applicant considers to be relevant may be identified and included).<br />
A technical proposal, to include: -<br />
<br />
the tasks to be performed, the proposed timetable for their performance, the<br />
methodology which will be applied and the deliverables of the project, within the<br />
overall timescale involved.<br />
24
An administrative proposal, to include: -<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
a corporate biography, setting out the reasons why the applicant in question is<br />
best suited to the project;<br />
proposed arrangements for project management to ensure that effective levels of<br />
communication between the consultants and the steering group are maintained at<br />
all times, that the objectives of the project are being achieved, that the project<br />
does not run over in terms of time or cost, and that any problems which arise can<br />
be speedily resolved;<br />
the names, qualifications, work experience, fields of expertise and level of<br />
participation of all persons who will be involved in carrying out the study during<br />
each stage of the project;<br />
the nomination of a Project Manager who shall be responsible for all liaison and<br />
administration with the Department in respect of the project;<br />
those parts (if any) of the project which the consultant intends to sub-contract to<br />
third parties;<br />
details of previous similar or relevant work undertaken, with contact details for two<br />
references and where a group is involved, two such references should be<br />
provided in respect of each member;<br />
details of the legal status of the tenderer including details of the relationship with<br />
subsidiary companies and other parties where these are involved;<br />
the consultants’ assumptions of input from the Department;<br />
details of any possible conflicts of interest, in particular where a tenderer has<br />
produced, or is currently engaged in, work or a report for any stakeholder in the<br />
PRI sector in Ireland, in particular a compliance scheme;<br />
as part of the government green procurement objectives the successful tenderer<br />
should take all steps to reduce the environmental impact resulting in the<br />
performance of this contract. <strong>The</strong> response to tender should demonstrate how this<br />
will be achieved using approved approach/methodology.<br />
A cost proposal, to include: -<br />
<br />
<br />
<br />
a fixed fee quotation for the full cost of completing the study (expressed as the<br />
accumulation of per diem rates for each person involved, which should include all<br />
additional fees, withholding tax, costs and expenses incurred by the Consultant),<br />
inclusive of VAT at the appropriate rate, denominated in Euro;<br />
a schedule of deliverables, costs and timing of payments;<br />
any relevant information contained within the consultancy that relates to sections<br />
10.1 to 10.4 inclusive (Freedom of <strong>In</strong>formation Acts).<br />
Written proposals should also confirm acceptance of the terms of this brief and of the<br />
general conditions which follow at Section 6.<br />
Tenderers are asked to provide a declaration that the tenderer is not excluded from this<br />
Request for Tenders by virtue of the exclusion criteria in section 9.1 and by virtue of the<br />
requirements of article 45(1) of Directive 2004/18/EC of the European Parliament and of<br />
the Council of 31 March 2004 on the co-ordination of procedures for the award of public<br />
works contracts, public supply contracts and public service contracts. <strong>The</strong> declaration<br />
should be included as an appendix to the tender proposal.<br />
Tenderers are asked to provide an appropriate financial profile for the last three years<br />
including, in the case of corporate entities, independently audited accounts. Where a<br />
tenderer is trading for less than three years accounts for each year of trading must be<br />
provided.<br />
25
4. EXAMINATION AND EVALUATION OF TENDERS.<br />
4.1. Examination.<br />
4.1.1 Tenders will be examined initially by reference to the following: -<br />
(a) Completeness of proposals as specified in Sections 2 and 3 of this document,<br />
(b) Stated ability of the tenderer to meet all the requirements specified in Section<br />
2 of this document,<br />
(c) Statement that none of the circumstances listed in paragraphs 1 and 2 of<br />
Article 45 of EU Directive 2004/18/EC apply to the tenderer (Appendix 3),<br />
(d) Technical and financial capacity as evidenced by the information requested at<br />
3.1.1 and 3.1.4 above.<br />
4.1.2 Only those tenders who satisfy conditions in relation to the above will be eligible<br />
for inclusion in the award process.<br />
4.2. Award Criteria.<br />
4.2.1 <strong>The</strong> contract will be awarded to the most economically advantageous tender of<br />
those meeting the specifications set out in Section 2, and not otherwise validly<br />
excluded, on the basis of the following award criteria [scored from 1000 marks<br />
weighted as indicated]:<br />
(a) Quality and technical merit of proposals (300)<br />
(b) <strong>The</strong> management and service structure proposed (100)<br />
(c) Expertise and skills of assigned personnel (150)<br />
(d) Time frame for delivery of service (150)<br />
(e) Proposed cost of providing service (250)<br />
(f) Corporate environmental commitment/green procurement (50)<br />
4.2.2 Each tenderer will be required to obtain a minimum score of 50% for each of the<br />
criteria set out above in order to be considered for the appointment.<br />
4.2.3 During the evaluation period clarification may be sought in writing from tenderers.<br />
Responses to requests for clarification may not materially change any of the<br />
elements of the tenders submitted.<br />
4.2.4 No unsolicited communications from tenderers will be entertained during the<br />
evaluation period.<br />
4.2.5 <strong>In</strong> evaluating the proposals received, the steering group may, at their absolute<br />
discretion, make a shortlist of tenderers to attend for interview or to make<br />
presentations on their proposals for the purpose of elaboration, clarification and /<br />
or aiding mutual understanding. <strong>In</strong>vited tenderers must be in a position to<br />
undertake such a presentation if required. Any proposed subcontractors may be<br />
required to participate in the presentation. <strong>The</strong> interview shall be conducted in a<br />
format as may be agreed and on the date set out in Section 1.8 above. No<br />
requests for an alteration of this date will be entertained. This Department shall not<br />
be responsible for any expenses incurred by tenderers. <strong>In</strong> this regard, tenderers<br />
should note that the Environment Policy and Awareness Section are based in this<br />
Department’s office in Newtown Road, Wexford.<br />
4.3. Requirements for a successful Applicant.<br />
4.3.1 <strong>The</strong> tenderer(s) should demonstrate the capacity of the nominated consultants<br />
to carry out successfully the project as outlined in this Request for Tenders.<br />
26
Knowledge and experience in successfully carrying out work in relevant fields is<br />
essential/highly desirable. <strong>In</strong> addition, tenderer(s) should have: -<br />
A. an adequate understanding of the work and the issues involved in the study and of<br />
the methods, skills, expertise and experience necessary to carry it out<br />
successfully. [<strong>In</strong> this regard, it should be noted that while the main aspects<br />
relevant to the project have been outlined in the Requests for Tender, other<br />
aspects which the applicant considers to be relevant may be identified and<br />
included];<br />
B. relevant expertise, experience and knowledge in the field of prevention, reuse<br />
and recycling and the operation of producer responsibility systems and in<br />
particular in relation to policy, and legislation;<br />
C. familiarity with the operations of waste collection systems;<br />
D. the range of technical, analytical, statistical, advisory, marketing, financial, legal,<br />
consultative, communications, reporting and project management skills, and the<br />
resources necessary for the consultancy. <strong>In</strong> particular, the tenders should have<br />
expertise in economic analysis, competition law and an ability to interpret the<br />
effectiveness of information and awareness campaigns;<br />
E. a proven track record in carrying out environmental analyses and stakeholder<br />
consultations;<br />
F. a proven track record in managing contracts and, where appropriate, procuring<br />
sub-contracts to deliver specific objectives similar to those identified in this<br />
proposed consultancy brief;<br />
G. relevant expertise, experience and knowledge necessary for the review of<br />
technologies;<br />
H. familiarity with a wide range of methods which could be applied to such<br />
analyses;<br />
I. capacity and resources to prepare succinct, relevant and informative reports<br />
and papers with clear conclusions and an easily accessible (“reader-friendly”)<br />
presentation, meeting tight deadlines and completing the project within the<br />
stated timeframe;<br />
J. satisfactory knowledge of the Irish national and local government systems,<br />
public agencies and the Irish public service at national and local levels;<br />
K. satisfactory knowledge of all relevant local, regional, national, EU and<br />
international legislation and regulation. See appendix 1 in this regard. Other<br />
documents may be referenced at a later stage with the successful applicant.<br />
L. satisfactory knowledge of relevant public procurement and States Aid rules and<br />
procedures.<br />
4.4. Contractual Arrangements.<br />
4.4.1 A contract will be concluded with the tenderer whose tender is deemed to be the<br />
most economically advantageous in accordance with the award criteria in section<br />
4.2 subject to agreement on conditions of contract.<br />
27
4.4.2 <strong>The</strong> contract will be between the Department of the Environment, Community<br />
and Local Government and the contractor. <strong>The</strong> Department of the Environment,<br />
Community and Local Government, in the case of tender by a consortium, will<br />
not enter into a contract with individual members of the consortium; a lead<br />
contractor must be designated.<br />
4.4.3 Tenderers should note that a copy of any proposed contract or details of<br />
standard contractual arrangements, if available, should be included as an<br />
appendix to their tender proposal. Any terms and conditions in the proposed<br />
contract does not imply acceptance by the Department of the Environment,<br />
Community and Local Government.<br />
4.4.4 <strong>The</strong> Department of the Environment, Community and Local Government may<br />
cancel the tender process at any time prior to a contract being entered into and<br />
is bound neither to accept the lowest proposal/tender nor any tender offered.<br />
4.4.5 All works carried out shall be governed by the Laws of Ireland and subject to the<br />
exclusive jurisdiction of the Courts of Ireland.<br />
5. GENERAL CONDITIONS OF TENDER.<br />
5.1. Tenders should be prepared in English and are subject to the following:<br />
5.2. This Request for Tender shall form part of the contract documents.<br />
5.3. Tenderers should be aware that national legislation applies in other matters such<br />
as <strong>Of</strong>ficial Secrets, Data Protection and Health and Safety. All time references<br />
should be interpreted as referring to local time.<br />
5.4. Tenderers must have regard to statutory terms relating to minimum pay and to<br />
legally binding industrial or sectoral agreements in preparing tenders.<br />
5. 5. <strong>In</strong>formation supplied by tenderers will be treated as contractually binding.<br />
However, the Department of the Environment, Community and Local Government<br />
reserves the right to seek clarification or verification of any such information.<br />
5.6. Any conflicts of interest involving a tenderer must be fully disclosed to the<br />
Department of the Environment, Community and Local Government. Persons or<br />
companies engaged in or possessing a relationship with any service<br />
or operation which relates or may relate in any direct way to the outcome of the<br />
study may be excluded from applying or being involved in the undertaking of<br />
this study. Any decision of the Department in this regard shall be final.<br />
5.7. Any registerable interest involving the tenderer and the Department of the<br />
Environment, Community and Local Government, members of the Government,<br />
members of the Oireachtas or their relatives must be fully disclosed in the<br />
response to this RFT, or should be communicated to the Department of the<br />
Environment, Community and Local Government immediately upon such<br />
information becoming known to the tenderer, in the event of this information only<br />
coming to their notice after the submission of a bid and prior to the award of the `<br />
contract. <strong>The</strong> terms 'registerable interest' and 'relative' shall be interpreted as per<br />
section 2 of the Ethics in Public <strong>Of</strong>fice Act, 1994.<br />
5.8. Before a contract is awarded the successful tenderer (and agent, where<br />
appropriate) will be required to promptly produce a Tax Clearance Certificate, or in<br />
28
the case of a non-resident tenderer, a statement from the Revenue<br />
Commissioners confirming suitability on tax grounds. Non-residents should<br />
contact the <strong>Of</strong>fice of the Revenue Commissioners, Revenue Residence Section,<br />
Government <strong>Of</strong>fices, Nenagh, Co. Tipperary. <strong>In</strong> addition, contractors must retain<br />
records of tax reference numbers for any subcontractors where payments exceed<br />
€650 (incl. VAT).<br />
5.9. Tenderers should note that the provisions of Department of Finance Circular 22/95<br />
apply and the Department of the Environment, Community and Local Government<br />
may require sight of Tax Clearance Certificates for any subcontractor where<br />
payments exceed €2,600. Forms are attainable from the following address: <strong>Of</strong>fice<br />
of the Revenue Commissioners, Sarsfield House, Limerick. Where a Tax<br />
Clearance Certificate expires within the course of the contract, the Department of<br />
the Environment, Community and Local Government reserves the right to seek a<br />
renewed certificate. All payments under the contract will be conditional on the<br />
contractor(s) being in possession of a valid certificate at all times.<br />
5.10. Before commencement of appointment, the successful tenderer shall take out a<br />
policy or policies with an approved insurance company completely indemnifying all<br />
persons and /or organisations carrying out the study and the State from any<br />
claims by third parties for injuries to them or their property and by the consultancy<br />
team or any of their employees (Under the Social Welfare (Occupational <strong>In</strong>juries)<br />
Act, 1996, Employer’s Liability Act, or any Statute, or at Common Law) arising out<br />
of work done or in progress in accordance with this contract.<br />
5.11. <strong>In</strong> the event of a group of respondents jointly submitting an acceptable offer, the<br />
contract will be awarded by the Department of the Environment, Community and<br />
Local Government to one contractor who acts as the agreed lead contractor. <strong>The</strong><br />
lead contractor is responsible for the delivery of all services provided for under the<br />
terms of the contract and shall assume all the duties, responsibilities and costs<br />
associated with the position of lead contractor.<br />
5.12. <strong>The</strong> successful tenderer shall be responsible for the delivery of all services<br />
provided for within the contract on the basis of a fixed price agreement set at the<br />
beginning of the contract. Prices quoted in the tender cannot be increased during<br />
the currency of the tender. Similarly, terms and conditions cannot be altered.<br />
5.13. <strong>The</strong> Department of the Environment, Community and Local Government retains<br />
the right to withhold payment where a contractor has failed to meet his/her<br />
contractual obligations in relation to the delivery of services to an acceptable level<br />
of quality.<br />
5.14. <strong>The</strong> Department of the Environment, Community and Local Government will not<br />
be liable in respect of any costs incurred by tenderers in the preparation of tenders<br />
or any associated work effort.<br />
5.15. Responses to this RFT will be evaluated in their own right. No recognition will be<br />
given to information previously submitted.<br />
5.16. <strong>The</strong> Department of the Environment, Community and Local Government is not<br />
bound to accept the lowest or any tender submitted.<br />
6. ALLOCATION OF RESOURCES.<br />
6.1. Personnel responsible for the management and execution of each part of the<br />
contract shall be clearly identified and the specific duties to be completed by each<br />
nominated person shall be stated and entered in Schedule 1.<br />
29
6.2. A Project Manager shall be nominated by the Consultant and shall be<br />
responsible for all liaison and administration with the Department in respect of the<br />
project. <strong>The</strong> Project Manager shall not be changed for the duration of the contract.<br />
6.3. Literature or other resources proposed should be fully described and the extent to<br />
which they will be used should be stated in the tender submission.<br />
7. PROJECT REVIEWS.<br />
7.1. <strong>In</strong> addition to an introductory and close out meeting, two progress review meetings<br />
will be undertaken during the duration of the contract as agreed between the<br />
Consultant and the Steering Group appointed by the Department.<br />
7.2. <strong>The</strong> Consultant shall provide for attendance at meetings with the Department and<br />
other relevant stakeholders as necessary throughout the project.<br />
7.3. A brief progress report and a marked up work programme showing progress to<br />
date shall be submitted to the Department in advance of any scheduled progress<br />
review meeting. <strong>The</strong> progress report shall compare progress with the programmed<br />
work and shall include the following:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<strong>In</strong>troduction<br />
Progress relative to programme for each task and activity<br />
Summary of work in progress and work completed<br />
Outputs and Deliverables since the last report<br />
Work scheduled for next period<br />
Decisions/directions required<br />
7.4 <strong>Review</strong> meetings shall take place in the Department of the Environment,<br />
Community and Local Government’s office in Newtown Road, Wexford unless<br />
otherwise agreed by the Department.<br />
8. PROJECT OUTPUTS.<br />
8.1. Outputs from the project shall be printed on A4 size paper. Maps and other<br />
diagrams shall be standard A4, A3, A2 or A1 size and shall be bound into the text.<br />
8.2. Twelve copies of the draft final report and of the final report shall be submitted.<br />
<strong>The</strong> sources of information used in the study must be identified and documented<br />
in the final report.<br />
8.3. <strong>The</strong> project report shall include all tables, maps, figures and forms in a standard<br />
format as agreed with the Department.<br />
8.4. <strong>The</strong> master copy of all reports and data shall be forwarded on computer disc in<br />
Microsoft Word, Access, Excel or other approved format to the Department with<br />
the final report.<br />
8.5. <strong>The</strong> project report shall contain no legends, logos or other identification marks of<br />
the Consultant.<br />
30
8.6. <strong>The</strong> Department may publish the completed Report. <strong>The</strong> documents should<br />
therefore include all necessary figures, charts, diagrams, etc. required to illustrate<br />
and communicate the contents to the reader.<br />
9. EXCLUSION CRITERIA.<br />
9.1 Any tenderer may be excluded from participation in this Request for Tenders<br />
who-<br />
(a) is bankrupt or is being wound up, whose affairs are being administered by a<br />
court of law, who has entered into an arrangement with creditors or who is in<br />
any analogous situation arising from a similar procedure under national laws<br />
and regulations;<br />
(b) is the subject of proceedings for a declaration of bankruptcy, for an order for<br />
compulsory winding–up or administration by a court of law or for an<br />
arrangement with creditors or is the subject of any other similar proceedings<br />
under national laws or regulations;<br />
(c) has been convicted of an offence concerning his or her professional conduct<br />
by a judgment which has the force of res judicata;<br />
(d) has been guilty of grave professional misconduct proven by any means which<br />
the steering group can justify;<br />
(e) has not fulfilled obligations relating to the payment of social security<br />
contributions in accordance with the legal provisions of the country in which<br />
he or she is established or those of the Republic of Ireland;<br />
(f) has not fulfilled obligations relating to the payment of taxes in accordance<br />
with the legal provisions of the country in which he or she is established or<br />
those of the Republic of Ireland;<br />
(g) is guilty of serious misrepresentation in supplying the information required<br />
under this Request for Tenders.<br />
10. FREEDOM OF INFORMATION ACTS 1997 and 2003.<br />
10.1. <strong>The</strong> Department of the Environment, Community and Local Government<br />
proposes that the following information relating to this tender competition will be<br />
made available on request: -<br />
(a) award criteria<br />
(b) reasons to unsuccessful candidates as to why their application was<br />
rejected.<br />
10.2. <strong>The</strong> Department of the Environment, Community and Local Government<br />
undertakes to hold confidential any information provided by tenderers subject<br />
to: -<br />
(a) disclosure of the information specified at 7.1 (a) above as liable for release<br />
to the public<br />
(b) the Client’s obligations under law, including the Freedom of <strong>In</strong>formation Acts<br />
1997 and 2003.<br />
10.3. Tenderers are asked to consider if any of the information supplied by them in<br />
their tender should not be disclosed because of its sensitivity, other than that<br />
referred to at 11.1 (a) above. If this is the case, they should, when providing the<br />
31
information, identify it and specify the reasons for its sensitivity. <strong>The</strong> Client will<br />
consult with the tenderers about sensitive information before making a decision<br />
on any Freedom of <strong>In</strong>formation request received.<br />
10.4. If tenderers consider that none of the information supplied by them is sensitive,<br />
they are requested to make a statement to that effect. Such information may be<br />
released in response to a Freedom of <strong>In</strong>formation request.<br />
10.5. Similarly, the Department of the Environment, Community and Local<br />
Government requires that all information provided pursuant to this invitation to<br />
tender will be treated in strict confidence by tenderers.<br />
11. DISPUTES.<br />
11.1 Any irreconcilable dispute arising during the appointment as Consultant shall be<br />
referred to the arbitration of a person to be mutually agreed upon and any such<br />
reference shall be deemed to be a submission to arbitration within the meaning of<br />
the Arbitration Act, 1954 or any statutory re-enactment for the time being in force.<br />
11.2 Where, at any stage during the project, the work being undertaken by the<br />
Consultant is found to be unsatisfactory, the project may be terminated by the<br />
Department with seven days’ notice. <strong>In</strong> such circumstances, the Department’s<br />
total liability will not exceed an amount calculated as the total cost based on the<br />
number of days of the project completed as a proportion of the total number of<br />
days agreed for the project.<br />
12. DEADLINE FOR RECEIPT OF APPLICATIONS.<br />
12.1 Eight (8) copies of the applicant’s written proposal should be sent by registered<br />
post or recorded delivery by hand clearly marked “<strong>Review</strong> of the <strong>Producer</strong><br />
<strong>Responsibility</strong> <strong><strong>In</strong>itiative</strong>” and addressed to Mr. Roger Harrington, Environment<br />
Policy and Awareness Section, Department of the Environment, Community,<br />
and Local Government, Newtown Road, Co. Wexford, Ireland to arrive not later<br />
than 17.00 on Tuesday 15 th May 2012. Sole responsibility for meeting this<br />
deadline rests with the applicant. Late or incomplete or faxed proposals will not<br />
be considered. Late delivery of proposals by a third party will not be<br />
entertained.<br />
13. ENQUIRIES.<br />
13.1 Any enquiries in relation to factual or procedural matters may be addressed to<br />
Mr. Roger Harrington, Environment Policy and Awareness, Department of the<br />
Environment, Community and Local Government, Newtown Road, Co. Wexford,<br />
Ireland. Tel.: +353 53 9117438; Fax: 003531 53 911 7603 or email:<br />
roger.harrington@environ.ie. Enquiries may only be made in writing or by email.<br />
No enquiries will be accepted after 17.00 on Wednesday 8 th May, 2012.<br />
32
SCHEDULE 1 - PROJECT ORGANISATION<br />
PROJECT DETAILS<br />
Project Title ..................................................................................<br />
Tenderer ..................................................................................<br />
Contact Name ..................................................................................<br />
Address ..................................................................................<br />
Fax ..................................................................................<br />
Phone ..................................................................................<br />
PROGRAMME MANAGER<br />
Name ..................................................................................<br />
Qualifications ..................................................................................<br />
Experience ..................................................................................<br />
EXECUTIVE TEAM STAFF<br />
Name Qualifications Experience Duties Time Allocated<br />
....................................................................................................................................<br />
....................................................................................................................................<br />
....................................................................................................................................<br />
....................................................................................................................................<br />
....................................................................................................................................<br />
....................................................................................................................................<br />
....................................................................................................................................<br />
....................................................................................................................................<br />
33
SCHEDULE 2 – DRAFT PROJECT MANAGEMENT PLAN<br />
ACTIVITY NO.<br />
DESCRIPTION<br />
KEY<br />
ACTIVITIES<br />
DELIVERABLES<br />
COST<br />
DURATION<br />
(WEEKS)<br />
COMMENCEMENT<br />
WEEK NO.<br />
COMPLETION<br />
WEEK NO.<br />
1<br />
2<br />
3<br />
4<br />
5<br />
6<br />
7<br />
8<br />
9<br />
10<br />
11<br />
12<br />
13<br />
14<br />
15<br />
16<br />
17<br />
18<br />
19<br />
20<br />
21<br />
22<br />
23<br />
34
24<br />
25<br />
26<br />
27<br />
28<br />
29<br />
30<br />
31<br />
32<br />
33<br />
34<br />
35<br />
PROPOSED PROJECT COMMENCEMENT DATE<br />
.......................................................................................<br />
PROPOSED PROJECT COMPLETION DATE<br />
.......................................................................................<br />
PROJECT DURATION<br />
...................................................................................….<br />
35
SCHEDULE 3 - SCHEDULE OF RATES<br />
TEAM LEADER .................... per hour/per day<br />
PROJECT STAFF<br />
Name<br />
............................................................ ...................... per hour/per day<br />
.............................................................. ..................... per hour/per day<br />
............................................................ ........................ per hour/per day<br />
........................................................... ........................ per hour/per day<br />
OTHER RATES<br />
........................................................... .........................per hour/per day<br />
........................................................... .........................per hour/per day<br />
.......................................................... .........................per hour/per day<br />
.......................................................... .........................per hour/per day<br />
Notes: All rates entered should include VAT at the appropriate rate.
FORM OF TENDER<br />
TO:<br />
………………………………………………………………………………<br />
CONTRACT TITLE:<br />
………………………………………………………<br />
Having examined the specification for this contract as set out in your communication of<br />
....................................<br />
we offer to complete the works in compliance with the specifications<br />
for the fixed sum of ..............................................……....... (inclusive of VAT @ ….%).<br />
We understand that you are not bound to accept the lowest or any tender that you may receive.<br />
Signed: ...............................................<br />
Company: ................................................<br />
Address: ................................................<br />
................................................<br />
................................................<br />
Date: ................................................<br />
Company Seal:<br />
37
Appendix 1<br />
Relevant documents and legislation.<br />
1. National Policy Documents.<br />
Programme for Government – 2011.<br />
EU/IMF Programme of Support 2010.<br />
2. Irish Waste Management Policy Documents.<br />
Waste Management - Changing Our Ways (1998)<br />
Delivering Change – Preventing and Recycling Waste (2002)<br />
Waste Management – Taking Stock and Moving Forward (2004)<br />
National Overview of Waste Management (2004)<br />
National Strategy on Biodegradable Waste (2006)<br />
Market Development Programme for Waste Resources 2007 – 2011 (2007)<br />
Draft National waste policy<br />
National Action Plan on Green Procurement.<br />
3. PRI legislation in Ireland.<br />
Waste Management (Packaging) Regulations, 2003 (S.1. No. 61 of 2003).<br />
Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I.<br />
No. 290 of 2005).<br />
Waste Management (Batteries and Accumulators) Regulations (S.I No. 268 of 2008).<br />
Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006).<br />
Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007).<br />
<strong>The</strong> Waste Management (Farm Plastic) Regulations, 2001.<br />
4. Waste Management Legislation.<br />
Waste Management Act 1996 and Waste Management (Amendment) Act 2001.<br />
5. Other Reports.<br />
National Waste Report– Environmental Protection Agency (yearly)<br />
National Hazardous Waste Management Plan Report - Environmental Protection Agency<br />
(2008)<br />
<strong>Review</strong> of the EPA 2011<br />
38
Appendix 2<br />
ARTICLE 45 OF EU DIRECTIVE 2004/18/EC<br />
Personal situation of the candidate or tenderer<br />
1. Any candidate or tenderer who has been the subject of a conviction by definitive judgment of<br />
which the contracting authority is aware for one or more of the reasons listed below shall be<br />
excluded from participation in a public contract:<br />
(a) participation in a criminal organisation, as defined in Article 2(1) of Council Joint<br />
Action 98/733/JHA 1 ;<br />
(b) corruption, as defined in Article 3 of the Council Act of 26 May 1997 2 and Article 3(1) of Council<br />
Joint Action 98/742/JHA 3 respectively;<br />
(c) fraud within the meaning of Article 1 of the Convention relating to the protection of the financial<br />
interests of the European Communities 4 ;<br />
(d) money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on<br />
prevention of the use of the financial system for the purpose of money laundering 5 .<br />
Member States shall specify, in accordance with their national law and having regard for<br />
Community law, the implementing conditions for this paragraph.<br />
<strong>The</strong>y may provide for a derogation from the requirement referred to in the first subparagraph for<br />
overriding requirements in the general interest.<br />
For the purposes of this paragraph, the contracting authorities shall, where appropriate, ask<br />
candidates or tenderers to supply the documents referred to in paragraph 3 and may, where they<br />
have doubts concerning the personal situation of such candidates or tenderers, also apply to the<br />
competent authorities to obtain any information they consider necessary on the personal situation<br />
of the candidates or tenderers concerned. Where the information concerns a candidate or tenderer<br />
established in a State other than that of the contracting authority, the contracting authority may<br />
seek the cooperation of the competent authorities. Having regard for the national laws of the<br />
Member State where the candidates or tenderers are established, such requests shall relate to<br />
legal and/or natural persons, including, if appropriate, company directors and any person having<br />
powers of representation, decision or control in respect of the candidate or tenderer.<br />
2. Any economic operator may be excluded from participation in a contract who:<br />
1<br />
OJ L 351, 29.12.1998, p. 1.<br />
2<br />
OJ C 195, 25.6.1997, p. 1.<br />
3<br />
OJ L 358, 31.12.1998, p.2.<br />
4<br />
OJ C 316, 27.11.1995, p. 48.<br />
5<br />
OJ L 166, 28.6.1991, p. 77. Directive as amended by Directive 2001/97/EC of the European<br />
Parliament and of the Council of 4 December 2001 (OJ L 344, 28.12.2001, p. 76).<br />
39
(a) is bankrupt or is being wound up, whose affairs are being administered by the court, who has<br />
entered into an arrangement with creditors, who has suspended business activities or who is in any<br />
analogous situation arising from a similar procedure under national laws and regulations;<br />
(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory<br />
winding up or administration by the court or of an arrangement with creditors or of any other similar<br />
proceedings under national laws and regulations;<br />
(c) has been convicted by a judgment which has the force of res judicata in accordance with the<br />
legal provisions of the country of any offence concerning his professional conduct;<br />
(d) has been guilty of grave professional misconduct proven by any means which the contracting<br />
authorities can demonstrate;<br />
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance<br />
with the legal provisions of the country in which he is established or with those of the country of the<br />
contracting authority;<br />
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal<br />
provisions of the country in which he is established or with those of the country of the contracting<br />
authority;<br />
(g) is guilty of serious misrepresentation in supplying the information required under this Section or<br />
has not supplied such information.<br />
Member States shall specify, in accordance with their national law and having regard for<br />
Community law, the implementing conditions for this paragraph.<br />
3. Contracting authorities shall accept the following as sufficient evidence that none of the cases<br />
specified in paragraphs 1 or 2(a), (b), (c), (e) or (f) applies to the economic operator:<br />
(a) as regards paragraphs 1 and 2(a), (b) and (c), the production of an extract from the "judicial<br />
record" or, failing that, of an equivalent document issued by a competent judicial or administrative<br />
authority in the country of origin or the country whence that person comes showing that these<br />
requirements have been met;<br />
(b) as regards paragraph 2(e) and (f), a certificate issued by the competent authority in the Member<br />
State concerned.<br />
Where the country in question does not issue such documents or certificates, or where these do<br />
not cover all the cases specified in paragraphs 1 and 2(a), (b) and (c), they may be replaced by a<br />
declaration on oath or, in Member States where there is no provision for declarations on oath, by a<br />
solemn declaration made by the person concerned before a competent judicial or administrative<br />
authority, a notary or a competent professional or trade body, in the country of origin or in the<br />
country whence that person comes.<br />
4. Member States shall designate the authorities and bodies competent to issue the documents,<br />
certificates or declarations referred to in paragraph 3 and shall inform the Commission thereof.<br />
Such notification shall be without prejudice to data protection law.<br />
40