Review Of The Producer Responsibility Initiative Model In ... - Repak

Request for Tender 

For 

Consultancy Project 

REVIEW OF THE PRODUCER RESPONSIBILITY 

INITIATIVE MODEL IN IRELAND. 

Department of the Environment, Community 

and Local Government, 

Newtown Road, 

Wexford, 

Co.Wexford, 

Ireland. 

4th April, 2012.

TABLE OF CONTENTS 

1. INTRODUCTION. 

1.1 Purpose 

1.2 Background 

1.3 EU Policy Dimension 

1.4 Domestic Waste Policy 

1.5 Challenges 

1.6 Steering Group 

1.7 Further Information and Query Handling 

1.8 Timetable 

1.9 Financial Arrangements 

2. OBJECTIVES AND SPECIFICATION OF REQUIREMENTS. 

2.1 Waste Streams 

2.2 WEEE 

2.3 Batteries 

2.4 Packaging 

2.5 Farm Plastics 

2.6 End of Life Vehicles 

2.7 Tyres 

2.8 Construction and Demolition Waste 

2.9 Emerging Alternative Technologies and New Technologies 

2.10 Compliance Schemes 

2.10.1 Introduction 

2.10.2 Competition 

2.10.3 Corporate Governance 

2.10.4 Interrelationship between compliance schemes 

2.10.5 Information and awareness 

2.10.6 Approval conditions 

2.10.7 Contingency funding 

2.10.8 Easing administrative burdens 

2.10.9 Self-compliance 

2.10.10 Possible new areas for PRI schemes 

2.11 WEEE Register Society 

2.12 Possibility for enhanced co-operation with Northern Ireland 

2.13 Enforcement 

2.14 Public and Stakeholder Consultation 

3. Format of Tender. 

3.1 Written Proposals 

4 EXAMINATION AND EVALUATION OF TENDERS. 

4.1 Examination 

4.2 Award Criteria 

4.3 Requirement for a successful Applicant 

4.4 Contractual Arrangements 

5 GENERAL CONDITIONS OF TENDER. 

6 ALLOCATION OF RESOURCES. 

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7 PROJECT REVIEWS. 

8 PROJECT OUTPUTS. 

9 EXCLUSION CRITERIA. 

10 FREEDOM OF INFORMATION ACTS 1997 AND 2003. 

11 DISPUTES. 

12 DEADLINE FOR RECEIPT OF APPLICATIONS. 

13 ENQUIRIES. 

Schedules 

Appendices 

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1. INTRODUCTION. 

1.1 Purpose. 

The Department of the Environment, Community and Local Government (DECLG) 

intends to conduct a wide ranging review of the existing producer responsibility (PR) 

agreements which are currently in operation in Ireland and the potential for the 

introduction of additional producer responsibility initiatives to help Ireland to meet its 

environmental obligations. 

This review will examine: 

 

 

 

The operation of the existing producer responsibility agreements; 

the scope for additional measures to improve the effectiveness of the existing 

producer responsibility agreements; and 

the potential to introduce further producer responsibility initiatives for the 

management of additional waste streams. 

The overall purpose of this review is to assess the nature and level of the challenges 

which are currently facing the existing Producer Responsibility Agreements as well as the 

forthcoming challenges that are expected to arise in the management of various waste 

streams. It is anticipated that the findings and recommendations from the review will form 

the basis for the development of robust producer responsibility initiatives that will enable 

Ireland to operate successfully in meeting our domestic and EU environmental obligations 

in the medium to long term. 

1.2 Background. 

The polluter pays principle is a fundamental principle of environmental protection. It 

suggests that waste generators should pay the full costs of waste management 

services provided including collection, treatment and disposal. Responsibility for the 

costs of waste management focuses attention on the implications of waste generation 

and also provides a direct economic incentive for waste prevention. Application of the 

principle also ensures that the waste management costs arising during the life of a 

product are internalised in the price charged to consumers. Such costs can be 

minimised where materials and products are managed in an environmentally effective 

manner throughout their life cycle. The Waste Management Act, 1996 established a 

legislative basis for producer responsibility initiatives (PRIs). 

The principal PRIs are in the areas of Waste Electrical and Electronic Equipment (WEEE), 

batteries, packaging, end-of-life vehicles (ELVs), tyres and farm plastics. The majority of 

these PRI schemes have operated very successfully and have enabled Ireland to reach 

our domestic and EU recycling targets. They have also successfully contributed to Ireland 

meeting our overall environmental goals and have diverted substantial amounts of waste 

from landfill. 

PRIs allow producers to devise schemes that have the capacity to fulfill the basic 

objectives of waste management legislation without resort to a ”command and control” 

approach. For some waste streams, producers in Ireland have developed a 

Compliance Scheme approach to meet general objectives which would otherwise be 

imposed by detailed regulatory requirements. These Compliance Schemes enable 

business to use its expertise to devise workable, effective and least cost arrangements 

that are sensitive both to commercial and environmental requirements. They also have 

the advantage of promoting a pro-active attitude by business and facilitating an 

accelerated and smoother achievement of objectives. The most wide-ranging 

compliance schemes in Ireland are for packaging waste, WEEE and batteries – in 

these cases, the compliance scheme operates under an approval granted by the 

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Minister. These producer responsibility agreements are underpinned by legal 

obligations so that individual businesses which may opt out of a compliance scheme 

must then self-comply, as they cannot opt out of their obligations, or the costs 

associated with those obligations. 

1.3. EU Policy Dimension. 

The Revised Waste Framework Directive 2008/98/EC also contains a number of 

important new and enhanced obligations for the management of waste by Member 

States. The need for compliance with these requirements is likely to have considerable 

implications for producer responsibility schemes. Some of the more significant changes in 

binding waste management obligations arising from Directive 2008/98/EC include: 

 

 

 

 

 

 

 

 

Article 4 provides that with certain limited exceptions, Member States shall 

ensure that the following waste hierarchy is applied as a priority order in waste 

prevention and management legislation and policy: 

(a) prevention; 

(b) preparing for re-use; 

(c) recycling; 

(d) other recovery, e.g. energy recovery; and 

(e) disposal. 

Article 6 on “end-of-waste status” creates a legal framework to govern “end-ofwaste 

status” for specific waste types. It establishes broad technical criteria under 

which certain specified wastes can cease to be waste. The existing Regulation 

(EU) No. 333/2011 on end-of waste scrap metal is expected to set the template for 

“end-of-waste” requirements for the individual waste types and confirms that the 

fulfillment of “end-of-waste criteria” will be very onerous, presenting corresponding 

challenges to ensure that high quality recycling is carried out. 

Article 8 on Extended Producer Responsibility is designed to allow Member States 

to develop measures to encourage producers to take responsibility for their 

products, including eco-design and the provision of publicly available information 

on the reusability and recyclability of products. 

Article 11 introduces an obligation for the establishment of separate collection of 

waste where it is "technically, environmentally and economically practicable”, as 

well as where it is appropriate to meet the necessary quality standards for the 

relevant recycling sectors. 

Article 14 provides that Member States may decide that the costs of waste 

management are to be borne partly or wholly by the producer of the product from 

which the waste came and that the distributors of such product may share these 

costs. 

Article 15 provides that the responsibility for arranging waste management is to 

be borne partly or wholly by the producer of the product from which the waste 

came and that distributors of such product may share this responsibility. 

Article 28 provides that Waste Management Plans (WMPs) shall be developed to 

cover the geographical extent of Member States in accordance with the principles 

of effective protection of the environment and human health, optimised and 

efficient use of resources, the waste hierarchy, self-sufficiency and proximity. The 

WMPs should also contain, inter alia, an assessment for the need for new 

collection schemes and additional waste installation infrastructure, as well as 

supporting the implementation of the National Strategy on Biodegradable Waste. 

Article 29 provides that Waste Prevention Programmes (WPPs) shall be 

established in accordance with the principles of effective protection of the 

environment and human health, optimised and efficient use of resources and the 

waste hierarchy. It is a requirement of the WPPs, following the evaluation of a 

wide range of potential waste prevention measures, to set out waste prevention 

objectives that are designed to break the link between economic growth and the 

environmental impacts associated with the generation of waste. In this regard, EUwide 

indicators for waste prevention measures may be adopted. 

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The European Commission has issued a Communication on “A resource-efficient 

Europe - Flagship Initiative under the Europe 2020 Strategy”, which provides a longterm 

framework for coordinated actions across many policy areas and agendas, 

including climate change, energy, transport, industry and raw materials. The European 

Commission has also issued a complementary Communication on a “Roadmap to a 

Resource-Efficient Europe”, which sets out medium and long term objectives as well as 

the means needed to achieve these objectives. The Flagship Initiative and the 

Roadmap are designed to lead the EU into economic transformation towards a more 

sustainable and competitive economy, and to contribute to world-wide efforts to ensure 

a transition towards a green economy. Some of the key milestones for the year 2020 

on the Resource Efficiency Roadmap will be of fundamental importance to producers 

and, accordingly, will have profound implications for producer responsibility schemes. 

These milestones are to be facilitated by the implementation of a wide range of 

measures by the Commission and Member States. 

Relevant milestones identified for 2020 include: 

 

 

 

 

Citizens and public authorities should have the right incentives to choose the 

most resource efficient products and services, through the provision of 

appropriate price signals and clear environmental information. The desire of 

consumers for more sustainable purchases should stimulate eco-innovation in 

companies and to supply more resource efficient goods and services. Minimum 

environmental performance standards should be established to remove the 

least resource efficient and most polluting products from the market. 

Market and policy incentives that reward business investments in efficiency 

should be in place, stimulating new innovations in resource efficient production 

methods that are widely used. All companies and their investors should be able 

to measure and benchmark their lifecycle resource efficiency. Economic growth 

and wellbeing shall have been decoupled from resource inputs and shall derive 

primarily from increases in the value of products and associated services. 

Waste generated per capita shall be in absolute decline and waste will be 

managed as a resource with recycling and re-use of waste being economically 

attractive options for public and private actors due to the widespread availability 

of separate collection and the development of functional markets for secondary 

raw materials. More materials, including materials having a significant impact on 

the environment and critical raw materials, should be recycled. 

Waste legislation should be fully implemented and illegal shipments of waste 

shall have been eradicated. High quality recycling should be ensured, energy 

recovery should be limited to non recyclable materials and land filling should be 

virtually eliminated. 

Scientific breakthroughs and sustained eco-innovation efforts should 

dramatically improve the understanding, management, reduction of the use, 

reuse, recycling, substitution, safeguarding and valuation of resources. These 

achievements should be facilitated through increases in investment, along with 

greater coherence in addressing the societal challenges of resource efficiency 

through gains from smart specialisation and cooperation within EU Research. 

 

 

 

A major shift from taxation of labour towards environmental taxation should lead 

to a substantial increase in the share of environmental taxes in public revenues. 

Stakeholders at all levels should be mobilised to ensure that policy, financing, 

investment, research and innovation are coherent and mutually reinforcing. 

Public and private decision-makers will be guided by ambitious resource 

efficiency targets and robust indicators in the drive for transformation of the 

economy towards greater resource efficiency. 

Resource efficiency should be recognised as a global priority and progress on it 

should be secured on the basis of agreed approaches. 

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A Communication from the European Commission on a Revised Sustainable Production 

and Consumption (SCP) Action Plan is expected in late 2012. Green Public Procurement 

will be a key theme of the SCP Action Plan and it is also anticipated that actions 

addressing life cycle analysis methodologies, green criteria, the ecological footprint, 

reporting by companies and possible mandatory measures are being considered for 

inclusion in the Plan. Again, actions of this nature have a significant potential to impact on 

the current mode of operation of producer responsibility schemes. 

The “Innovation Union” is another Flagship Initiative in the “Europe 2020 Strategy”. 

Innovation is seen as the key to building sustainable growth, as well as nondiscriminatory 

and greener societies. The new Eco-Innovation Action Plan (EcoAP) is 

one of the commitments of the Innovation Union Flagship Initiative. Eco-Innovation is 

any form of innovation resulting in or aiming at significant and demonstrable progress 

towards the goal of sustainable development, through reducing impacts on the 

environment, enhancing resilience to environmental pressures, or achieving a more 

efficient and responsible use of natural resources. Eco-innovation is crucial to 

delivering the Europe 2020 strategy for smart, sustainable and inclusive growth. 

The EcoAP should boost innovation that reduces pressure on the environment and 

should bridge the gap between innovation and the market. It should expand the focus 

from green technologies to the broader concept of eco-innovation, targeting specific 

bottlenecks, challenges and opportunities for achieving environmental objectives 

through innovation. Key aspects of the new Action Plan that will have consequences 

for producer responsibility schemes include: 

1. Using environmental policy and legislation to promote eco-innovation; 

2. Supporting demonstration projects and partnering to bring promising, smart and 

ambitious operational technologies to market; 

3. Developing new standards to boost eco-innovation; 

4. Mobilising financial instruments and support services for small and medium 

sized enterprises; 

5. Promoting international co-operation; 

6. Supporting the development of emerging skills and jobs and related training 

programmes to match labour market needs; and 

7. Promoting eco-innovation through European Innovation Partnerships. 

Wastes containing POPs (persistent organic pollutants) are required to be managed in 

such a way as to ensure that the POP content is destroyed or irreversibly transformed so 

that the remaining waste and releases do not exhibit the characteristics of POPs in 

accordance with Regulation (EC) No. 850/2004. 

It is expected that there will be a Proposal in 2012 to amend the POPs Regulation to 

establish minimum concentration levels for certain types of waste (e.g. polybrominated 

diphenylethers) under which waste materials containing levels of these POPs above such 

thresholds would be regarded as "POPs-waste". Therefore, any recycling of certain waste 

streams such as specific fractions of WEEE & ELVs containing POPs would only be 

permitted if such wastes were below these minimum concentration levels. 

These developments for new POPs wastes may affect the manner in which producer 

responsibility schemes manage the wastes they collect. 

Inadequate implementation and enforcement of EU environmental legislation has been 

highlighted as a major challenge by the European Environment Agency, European 

Parliament and the European Commission and under-performance is seen as a 

significant limiting factor in the anticipated benefits and achievements. A 

Communication from the Commission on a Proposal for a Seventh Environmental 

Action Programme (7EAP) is scheduled for publication in late 2012. As part of the 

wider resource efficiency agenda, itt is anticipated that the 7EAP will be more strategic 

in nature than the 6EAP, focusing on a limited number of important priorities such as 

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further integrating environmental thinking into economic policy, identifying and 

agreeing ambitious targets for environmental outcomes and focusing on how the EAP 

can contribute to better and more consistent practical implementation of environmental 

legislation as distinct from the circa 150 actions contained in the 6EAP. In this regard, 

the Final Assessment of the 6EAP highlighted: 

"Poor implementation of environmental legislation undermines the achievement of 

objectives and the credibility of environment policy, and does not help to secure 

the commitment of other sectors to better performance. Commission experience 

points to weaknesses in the EU-wide environmental governance structure, and 

inadequacies in the information-related provisions of environmental legislation and 

other EU legislation, in monitoring and in inspections." 

"Obstacles to proper implementation of existing legislation need to be addressed, 

in particular governance issues at all levels in Member States, in order to protect 

the environment and limit negative consequences on public health." 

It is therefore anticipated that the focus on implementation will be shifted towards the 

development of knowledge bases and capturing of data through decentralised systems, 

involving a delegation of enforcement to Member States, together with a reporting of 

complaint types and numbers back to the Commission. The Commission has recently 

published a proposal on implementation , which is designed to enhance the effectiveness 

of all stakeholders by sharing information and adopting a co-ordinated approach to the 

delivery of satisfactory environmental performance. The wide body of existing 

environmental data also suggests the need to develop common methodologies for its 

compilation and analysis, as well as the identification of gaps where further data and 

information is required so that it can be used effectively as an evidence base both in 

implementation and policy formulation. 

This new regime is likely to have implications for the producer responsibility schemes. 

1.4. Domestic Waste Policy. 

Ireland has had a well developed waste policy which in many respects has served us well 

in the past decade. However, following an extensive public consultation, Ireland is now 

poised to further refine the waste management policy framework to take account of 

experience to date and to embrace new thinking and legislation emerging at EU level and 

internationally. The policy will be governed by the following principles: 

 

 

 

 

 

 

 

The policy will be designed to minimise the volumes of waste generated and to 

extract the maximum value from that waste which arises. 

The policy will be aimed at delivering a positive environmental outcome and 

maximising the collective wellbeing through ensuring efficient, effective and 

progressive waste services for consumers and businesses. 

The policy will be calibrated both to the immediate demands Ireland faces and 

to the long-term challenges. 

The policy will be founded on a firm, evidence-based understanding of the 

many scientific, economic and social issues which are inherent elements of the 

waste policy discourse. 

The policy will be consistent with the cornerstones of National and European 

policy, including the waste hierarchy, the principle that the polluter pays, 

sustainable materials management and the urgent imperative to reduce 

greenhouse gas emissions. 

The policy will be in keeping with the complementary roles which the private 

and public sectors can play. 

The policy will be designed to facilitate necessary investment in infrastructure, 

within an appropriately regulated waste market framework. 

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The policy will be sufficiently flexible to respond to emerging developments in 

relation to technology, operational practice and wider thinking in the waste 

management policy realm. 

Importantly, the Waste Policy Discussion Document put out to public consultation in 

August 2011 proposed that the use of economic instruments in a progressive manner to 

drive resource efficiency would be examined with a view to introducing levies at the 

appropriate time, and at the appropriate level, as Ireland continues to move further away 

from disposal as our main method for dealing with residual waste, with the initial focus 

being placed on packaging as set out in the Programme for Government. 

Green Tenders, an Action Plan on Green Public Procurement, is the first such Action 

Plan to be introduced in Ireland. Its overall objective is to assist public authorities to 

successfully plan and implement green public procurement (GPP) by highlighting 

existing best-practice and outlining further actions to boost green public procurement. 

Public procurement has the capacity to shape production and consumption trends and 

generates significant demand for greener goods, in that way enlarging markets for 

environmentally friendly products and services. The Action Plan, by adopting the EU 

indicative target of 50% of GPP (i.e. 50% of procurement contract incorporating green 

criteria), is considered an intrinsic element of the National Recovery Plan whereby 

greening the economy is linked with growth and sustainability; the target applies in 

respect of both the number and the value of public procurement contracts concluded. 

The Action Plan nominates eight product groups as priority groups for GPP, namely, 

Construction; 

Energy; 

Food and catering services; 

Transport; 

Cleaning products and services; 

Paper; 

ICT; and 

Uniforms and other textiles. 

Clearly there are significant synergies between Green Public Procurement and the 

expected role of extended producer responsibility. 

Rx3 has been engaged since October 2008 in the implementation of the Market 

Development Programme for Waste Resources, a resource efficiency programme whose 

aim is to develop markets for recyclable materials. The Programme contains 35 wideranging 

projects to be implemented over five years and the key objectives are to: 

 

 

 

Provide a framework to harness the full potential of existing markets for recyclable 

materials, 

Identify new applications and markets for recyclable material and secondary 

recycled products, and 

Identify and address barriers to the use and marketing of recyclable material in 

Ireland. 

The project is considered to be of key strategic importance in promoting the greening of 

the Irish economy and to the development of green enterprises in Ireland. The Rx3 

Programme is helping to support key national policy priorities including Environmental 

Innovation, Research & Development and the benefits of North South co-operation. 

Given the passage of time since the establishment of the concept of producer 

responsibility in Ireland and the commencement of the operation of the compliance 

schemes, and given the environmental and economic challenges which we are now 

facing, this Department considers it necessary to review all aspects of the Producer 

Responsibility Initiative to ensure that Ireland is well placed to meet our domestic and EU 

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ecycling targets over the next ten years. The challenges we are now facing, which are 

set out in Section 1.5 necessitate a re-examination of the existing concept, structure, 

organisation and rules of both the PRI model and compliance schemes which are 

currently in operation in Ireland. 

1.5. Challenges. 

These prevailing challenges are set out at (a) to (d) below: 

(a). 

Economic situation. 

Given the current economic situation, firms are examining all aspects of expenditure and 

seeking to lower their costs. Environmental compliance cost is no different to any other 

cost in the financial management of a business and lower environmental compliance 

costs are actively being sought from the compliance schemes. It is therefore of crucial 

importance that the recycling compliance sector is competitive. 

The increasing value of metal and commodity prices is creating difficulties in terms of 

encouraging illegal operators to enter the market, competing with and, in certain cases, 

depriving the compliance schemes of WEEE. In tandem with the existing efforts of both 

local authorities and the Office of Environmental Enforcement to tackle illegal operators, 

we will need to examine our existing waste regulations and systems to ensure that illegal 

operators are effectively tackled and that the compliance schemes continue to get access 

to feedstock. It is also important that we examine our communications with the general 

public to ensure they continue to understand messages regarding appropriate end–of-life 

recycling from the perspective of legitimate business and the protection of the 

environment and the environmental and other consequences associated with illegal 

operators. 

(b) 

Programme for Government. 

The current Programme for Government (PfG) makes a commitment to drive a waste 

reduction programme through the extension of producer responsibility initiatives. 

In meeting this objective one of the aims of this review will be to identify what current 

waste streams would benefit from having their existing PRI either further developed or 

amended to ensure that Ireland meets the relevant EU targets. This review should also 

help identify, with the necessary consultation with all stakeholders, what other waste 

streams might be suitable for the development of further PRIs or voluntary agreements 

with producers regarding eco-design and the management of end-of-life waste products. 

One of the central themes of the PfG is to increase competitiveness and create jobs. This 

Department expects that this review will enable the PRIs to meet future increased 

domestic and EU recovery and recycling targets, make the PRIs more efficient and 

effective and produce the dual benefits of lowering costs of compliance for business while 

increasing compliance levels. The lower compliance costs should also assist in the 

broader PfG aims of securing existing jobs and growing new employment opportunities. 

(c) 

Regulatory Environment. 

In the regulatory environment, both at a domestic and EU level, it is expected that there 

will be new waste stream recycling targets. It is necessary to examine the current 

structure of some of the existing PRIs to ensure that they will be able to deliver upon new 

and increased recovery and recycling targets. The review is expected to identify if there 

are areas where we must make urgent and immediate changes to meet our targets, 

achieve the crucially important environmental objectives involved, and avoid possible 

infringement action by the European Commission. 

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We must both anticipate and respond to the needs of existing and future compliance 

scheme companies. Some existing compliance schemes have indicated a wish to expand 

their operations into other waste streams in order that they might reflect the wishes of their 

members to provide a ‘one-stop-shop’ scheme that can meet their recycling needs across 

different waste streams. In addition, new operators may also wish to enter the recycling 

market to operate as compliance schemes. If there is a developing trend whereby multiple 

compliance schemes operate in a waste stream, then we need to examine the need to 

alter the existing regulatory framework in terms of the present operation, structure and 

rules underpinning the PRI system, including the procedures for the approval of 

compliance schemes. Any new regulatory system would need to ensure that competition 

is facilitated, works effectively, reduces costs to producers whilst maintaining a high level 

of environmental compliance. 

The area of self-compliance by producers in various waste streams will also need to be 

fundamentally examined. We need to ensure that self-compliance is being monitored and 

to also ensure that the relevant recycling activities are being undertaken and are being 

properly accounted for in domestic and EU targets. In addition, it is crucial that selfcompliers 

do not enjoy an unwarranted competitive advantage in comparison to members 

of compliance schemes. 

(d). 

Reengineering of the compliance schemes. 

As indicated in the preceding section, a primary focus of this review will be to examine the 

operation, structure and rules of the PRI schemes particularly where it is a possibility that 

certain waste streams will have to plan for multiple compliance schemes and where these 

individual schemes potentially manage more than one type of waste. 

In this scenario, it will be necessary to examine how such a system would operate from a 

number of perspectives, including the geographic market breakup, if any, of the 

compliance schemes, the operation of the black box (secure, confidential collection of 

data, ensuring its integrity), the information and awareness regime and the ability of firms 

and producers to switch between individual schemes. Also, we also require an 

examination on the feasibility to assign the responsibility for the achievement of targets to 

compliance schemes. 

The primary activities of the compliance schemes since their inception have been in the 

areas of waste collection, recovery and recycling. It will be necessary, while continuing 

these activities, to increase the focus of the compliance schemes on the prevention of 

waste and, in regard to WEEE and packaging waste streams, to develop a policy to 

further develop the implementation of reuse in Ireland, in accordance with the priority 

order of the waste hierarchy in Article 4 of Directive 2008/98/EC. 

Another issue is the co-operation between the schemes on a broad range of issues; what 

structure or processes would ensure the most efficient, competitive delivery of 

requirements in a co-ordinated manner. The appropriate contribution of self-compliers to 

key cross-cutting issues, such as information and awareness raising, also need to be 

examined. 

We are aware that Irish people wish to recycle so we should ensure that they have clear 

information and awareness messages which will provide maximum return and negate any 

possible confusion for consumers by exposure to multiple awareness messages from 

different compliance schemes. We also need to examine from what sources consumers 

receive their decisive recycling messages and ascertain the impact on consumer 

behaviour from the messages that are provided both from the compliance schemes and 

other sources. 

1.6. Steering Group. 

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The Department of the Environment, Community and Local Government has established 

a steering group to oversee and monitor the delivery and completion of the contract. 

1.7. Further Information and Query Handling. 

Every effort has been made to ensure that this documentation contains all the necessary 

information for completion of tenders. However, in the interests of equity, requests for 

additional information, clarification on the content of this document and all other queries of 

substance (other than in relation to purely factual or procedural matters) must be made in 

writing or by email. Any additional information elicited will be made available to all 

potential tenderers who have obtained a copy of this document either via the etenders or 

Official Journal of the European Union websites. 

Any queries should be submitted by email or in writing only, not later than 17.00 on 

Tuesday 8 th May, 2012 addressed to: Mr Roger Harrington, Environment Policy, 

Department of the Environment, Community and Local Government, Newtown Road, 

Wexford, Ireland, Fax: +353 53911 7603 or e-mail: roger.harrington@environ.ie 

1.8. Timetable. 

The timetable in relation to this tender process is as follows:- 

Latest time and date for receipt of tenders: Tuesday 15 th May, 2012 at 17:00 hours 

Meeting with consultants shortlisted for Monday 21 st May, 2012 

interview (Section 4.2.5 refers): 

Award of contract: By end May, 2012. 

Commencement of Contract: June,1 st 2012 

The timescale for completion will be discussed in more detail with the successful 

contractor. However, in the interests of ensuring maximum utility to the policy process, 

any elements of the study, which are capable of being treated as discrete pieces of 

work, should be progressed faster and delivered once completed. In particular, this 

applies to the areas of ELVs, packaging and corporate governance, where the 

Department will require completed assessment and recommendations within three 

months from the commencement date. 

1.9. Financial Arrangements. 

Payment for services covered by this invitation to tender will be on foot of appropriate 

invoices, which will be based on the completion of deliverables in accordance with the 

schedule submitted by the tenderer. Invoicing arrangements will be agreed with the 

successful service provider, following the award of contract. A contract entered into on 

foot of this Request for Tenders is subject to the Prompt Payments of Accounts Act, 1997. 

Twenty percent of the tender amount shall be retained until satisfactory completion and 

delivery of the completed final project report and electronic data. Withholding tax at the 

current rate shall be deducted from the amounts due for payment. 

2. OBJECTIVES AND SPECIFICATION OF REQUIREMENTS 

2.1. Waste streams. 

As outlined in Section 1 above, DECLG proposes to appoint consultants to conduct a 

review of the Producer Responsibility model as identified in the Programme for 

Government. 

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The study should examine and report on, in relation to the specific waste streams that 

are subject to PRI: – 

 

 

 

 

 

the suitability and effectiveness of the current statutory and regulatory 

arrangements particularly when compared against best practice in other Member 

States, 

the effectiveness of the current competitive dynamic in the waste streams where 

PRI operates and how it can be maximised (i.e. existing schemes enhanced and/ 

or additional schemes made subject to PRI) to increase competition, lower costs 

for producers & lower the potential for free-riders, and also bearing in mind the 

potential increase in costs which might arise due to the increases in the number of 

compliance schemes, 

the costs of recycling for Irish producers, including both the actual costs of 

recycling and the administrative costs of the compliance scheme, 

the effectiveness of the current use of information and awareness within the PRI 

and recommendations for its enhancement, 

the suitability, availability and quality of waste recycling infrastructure and services, 

which are present in Ireland and relevant to PRIs including the practical potential 

for the use of emerging technologies. 

We have set out below an outline of each of the different waste streams and the issues 

which require to be examined in the review by the successful tenderer. 

2.2. WEEE. 

2.2.1. Introduction. 

Ireland's European Communities (Waste Electrical and Electronic Equipment) Regulations 

2011, S.I. No. 355 of 2011 transpose the EU WEEE Directive 2002/96/EC into national 

legislation. There are two compliance schemes, WEEE Ireland and ERP Ireland who are 

licensed to handle business to consumer waste while business to business producers 

self-comply. Producers must register with the WEEE Register Society, which is the 

national independent registration body, and report to the black box, on the amount of EEE 

they place onto the Irish market. 

The WEEE Directive requires producers to be responsible for the financing of the 

collection, treatment, recovery and environmentally sound disposal of WEEE from 13 

August 2005. It means that final users of such household WEEE are entitled to leave that 

waste back free of charge, either to retail outlets in instances where a replacement item is 

purchased, or other authorised collection points, including local authority civic amenity 

sites. Ireland has been very successful in implementing the WEEE Directive and our latest 

figures (2010) show that we have collected more than 8kg of WEEE per person which is 

almost double the EU target of 4kg. 

2.2.2. Requirements 

In our transposition of the WEEE Directive, Ireland introduced a regime of visible 

environmental management charges (vEMCs) which meant that an additional amount 

was displayed to the cost of electrical equipment to pay for the proper environmental 

treatment for the goods at their end-of-life. These costs applied solely to the end-of-life 

treatment of pre- August 2005 WEEE, (known as historic WEEE). The approved WEEE 

compliance schemes in Ireland currently hold a level of reserves which is set against the 

future treatment needs of historic WEEE. We require a thorough and robust examination, 

in conjunction with all stakeholders, of the exact amount of funding that is required to be 

held to discharge the responsibilities for the remaining amounts of historic WEEE. 

13

If this examination concludes that, after discharging the requirements for all outstanding 

end-of-life treatment of historic WEEE, a surplus of funds still remains, then 

recommendations shall be provided on how to utilise the remaining funds in a way which 

is in line with the legislative requirements and is reflective and supportive of this 

Department’s environmental policies and the Waste Framework Directive. 

Ireland’s two compliance schemes for WEEE (WEEE Ireland and ERP Ireland) currently 

operate under an approval from DECLG. Certain inter-scheme balancing arrangements 

also operate pursuant to a voluntary agreement. Any barriers to transfer of producers 

between the compliance schemes should be identified. Recommendations shall be 

provided for a regime whereby producers can readily switch between the two compliance 

schemes without losing rights or entitlements. This switching regime should be simple, 

straight forward and administratively easy for the producers. It should also involve an 

arrangement as to how producers can bring the funds that they paid for historic WEEE 

with them as well as analysis of the historic movements of producers between the 

schemes and the effect of the non-transfer of funds will be required to fund such 

considerations. 

In late 2010 and throughout 2011, as a consequence of the overall problem of metal theft 

across Europe, we have seen increasing misappropriation of WEEE, whereby quantities 

of WEEE flow outside legal channels, commonly known as “WEEE leakage”. This has 

become a serious problem and we need further recommendations as to how we combat 

this leakage and retain the flow of WEEE within the legal channels. These 

recommendations would have the dual aims of (i) contributing to Ireland meeting the 

targets which will be contained in the newly recast EU WEEE Directive and (ii) ensuring 

that WEEE is diverted to channels which will ensure its proper end-of-life treatment while 

ensuring that legitimate operators are not put at a competitive disadvantage. 

Since the implementation of the WEEE Directive in Ireland, we have maintained a regime 

of vEMCs or visible costs. This regime of visible costs expires in early 2013 but Member 

States, under the recast WEEE Directive may continue to show environmental costs. We 

need an examination of the benefits and disadvantages of retaining such a structure in the 

future, e.g. what is the perception of consumers of these fees and do they play an 

important part in terms of awareness-raising for consumers 

We also require recommendations as to how to boost the collection rates for WEEE in 

Ireland. The study should examine examples of best practice of WEEE collection in 

Europe and see if there are systems which could be adopted for use here. In examining 

best practice models, we should also examine what specific measures can be taken to 

incentivise the various participants in the WEEE collection chain in order that we can 

maximise the collection of WEEE. We also require an analysis of the options in the recast 

WEEE Directive for Ireland in regard to the WEEE placed on the market approach versus 

the WEEE Generated approach. 

Advice should be provided on a reuse protocol and how an ongoing scheme of reuse and 

preparing for reuse can be implemented for the WEEE waste stream having regard to the 

legislative requirements, e.g. should reuse be led by separate dedicated compliance 

scheme(s) or through the existing WEEE compliance schemes Also, how can the 

concept of reuse be best communicated to the general public and endeavours of existing 

reuse organisations and commercial companies be most appropriately integrated into the 

reuse system. Finally, as part of this reuse system, we need to develop a methodology 

which allows the Environmental Protection Agency (EPA) to capture the data on WEEE 

prepared for reuse which is necessary for statistical returns to the European Commission. 

In common with certain other waste streams where the position regarding the compliance 

schemes and their inter-relationship has evolved through a network of producer 

responsibility agreements, it is now necessary to review these structures to see if there is 

a need for further enhancement in order to cater for the emerging regulatory regime. In 

particular the operation of the existing producer responsibility agreements should be 

14

eviewed, the possible introduction of further schemes examined and recommendations 

should be provided (in line with Section 2.10.4) for a more robust inter-scheme 

framework. The geographical split that exists currently between the two schemes in this 

area needs to be examined in terms of its effectiveness and impact on competition 

between the compliance schemes. 

2.3. Batteries. 


Ireland's Waste Management (Batteries and Accumulators) Regulations, S.I No. 268 of 

2008 fully transposes the EU Directive 2006/66/EC on waste batteries into national 

legislation. These regulations provide for the free take back of all portable waste batteries 

and accumulators, otherwise known as rechargeable batteries, in-store and at designated 

locations. The Directive facilitates the effective environmental management of waste 

batteries and accumulators. 

The domestic arrangements for batteries mirror those for WEEE where two compliance 

schemes, WEEE Ireland and ERP Ireland are licensed to recover and recycle batteries. 

Producers must register with the WEEE Register Society, which is the national 

independent registration body, and report to the black box, on the amount of batteries 

they place onto the Irish market. Ireland has recently exceeded the interim EU target of 

25% for battery recycling by September 2012 with a recycling rate of over 29% achieved 

at end 2011. 

2.3.2. Requirements. 

Ireland has met the 2012 EU battery collection recycling target of 25%. We need further 

advice on initiatives that might be taken to raise the battery collection recycling rate to 

meet future targets, as a more onerous EU battery collection target of 45% is applicable in 

2016. As with WEEE, recommendations are also required regarding the inter-relationship 

between the schemes operating in this area, i.e. what is the most competitive structure 

that the Department can put in place to ensure that maximum efficiencies of operation are 

achieved, that members can transfer easily between schemes and that self-compliers 

contribute effectively to achievement of targets. The geographical split that exists currently 

between the two schemes in this area needs to be examined in terms of its effectiveness 

and competitiveness. 

The study should examine examples of best practice of battery collection in Europe and 

see if there are systems which could be adopted for use here. In examining possible 

measures, consideration should also be given to the possible rebranding of national 

battery collection measures under one umbrella brand. 

2.4. Packaging. 


The regulatory regime governing packaging waste has been in place in Ireland since 1 

July 1997 although the original regulations have been revised and replaced on two 

substantive occasions (primarily due to the imposition of higher recovery/recycling 

targets), both in 2003 and more latterly in 2007. The 2007 Regulations, S.I. No. 798 of 

2007 provide the necessary legal framework to facilitate the recovery and recycling of 

packaging waste in Ireland. 

Under the regulations, obligations are imposed on the suppliers of packaged goods, 

packaging material or packaging e.g. shops, pubs, supermarkets, wholesalers, 

15

manufacturers, importers, exporters and other suppliers - all such suppliers are referred 

to as “producers” of packaging. All producers must segregate the packaging waste 

arising on their own premises into specified waste streams (i.e. waste aluminium, 

fibreboard, glass, paper, plastic sheeting, steel and wood) and have it collected by 

authorised operators for recycling. In tandem with the above requirements, the landfill of 

such materials from commercial sources is prohibited. Producers are also obliged to 

provide information, within a reasonable period of time, to other producer customers in 

relation to the weight of packaging they have supplied and use only authorised recovery 

operators for the collection and recovery of packaging waste. 

Additional obligations are imposed on producers who exceed specific de minimus criteria 

(i.e. meet both a turnover threshold and a tonnage threshold) and whom are subsequently 

referred to as “major producers”. A major producer is a producer whose turnover is 

greater than €1 million (excluding trade discounts and VAT) and who supplies 10 tonnes 

or more of packaging material or packaging to the Irish market. Major producers have 

responsibilities for the recovery of packaging waste from their customers (including the 

provision of segregated receptacles on their premises for the acceptance of packaging 

waste), meeting prescribed targets, on-site signage, public advertising, data reporting and 

registration with local authorities. 

Major producers have the option of either complying directly with their producer 

responsibility obligations (i.e. self-compliance), or alternatively, getting an exemption from 

those requirements by becoming a member of a packaging waste compliance scheme. 

Part IV of the regulations provides for the establishment of “approved bodies” and sets out 

the requirements for an application to the Minister in this regard. Subject to the provisions 

of Part IV of the regulations, any person or body corporate may apply for approval to 

operate as an “approved body” for the recovery of packaging waste. Currently Repak 

Limited is the sole approved compliance scheme for the recovery of packaging waste in 

Ireland and, in 2010, it achieved a packaging waste recovery rate of 74%, which is 

significantly in excess of the EU Directive requirement of 60%. 


At present, there is one approved packaging compliance scheme. Again, in common with 

certain other waste streams, advice is required as to how: 

 

 

 

 

the impact of the introduction of one or more other compliance schemes in this 

area, in view of the potential benefits of competition, 

the approval of a second or more schemes would operate in practice, 

changes might be necessary to the regulatory regime to optimise arrangements in 

this regard, 

the continued achievement of targets would be ensured should the analysis 

support the introduction of other schemes in this area, details should be provided 

in terms of target achievement, market breakdown and the avoidance of 

replication on information and awareness. 

This regulatory regime should also have an emphasis on co-operation between the 

schemes. 

The PfG contains a commitment to explore a packaging levy and this Department has 

recently completed a consultation process with stakeholders on that issue. In connection 

with this possible levy, the Department is now seeking the following, (i) an economic 

analysis of the possible affects of a packaging levy, (ii) options on how a possible 

packaging levy might operate, (iii) possible alternatives to a packaging levy which would 

yield corresponding reductions in packaging (iv) how might a packaging levy work in 

tandem and affect the operation of the compliance schemes and (v) an examination of 

16

initiatives such as deposit and refund and reverse vending both as stand alone options or 

in tandem with a packaging levy. . 

The current Packaging Regulations should be reviewed and, in particular, the issue of self 

-compliance and the de minimus rule shall be examined. Currently, under the Packaging 

Regulations, producers are allowed to fulfil their obligations by self-complying. We require 

a full examination of all the considerations and practical issues underpinning the principle 

of self-compliance. The study should assess whether the practice of self-compliance is 

ensuring an equivalent level of fulfilment of a producer’s environmental obligations at 

comparable cost to that of participation in a compliance scheme. The economic and 

environmental implications of altering the de minimus rule should also be assessed. 

2.5. Farm plastics. 


The Waste Management (Farm Plastics) Regulations, 2001, S.I. No. 341 of 2001 are 

designed to promote the recovery and collection of farm plastics waste (silage wrap and 

sheeting). The Regulations require a producer of farm plastics (manufacturers and/or 

importer) to either: 

 

 

Become directly involved in the recovery of farm plastics waste from customers 

through offering a deposit and refund scheme 

Or 

Participate in a government approved recycling scheme. 

The Irish Farm Films Producers Group (IFFPG) was established in 1997 and comprises 

membership of film manufacturers, importers and suppliers. It is a not-for-profit 

organisation and is at present the sole approved body in Ireland for the purposes of 

operating a compliance scheme for the recovery of farm plastics. Under the terms of its 

approval, IFFPG is required to meet specified targets for the recovery of farm plastics. 

The current target set for IFFPG is to recover 60% of all farm plastics placed on the 

market by its members in 2012 and in 2010 they have achieved this target. 


Currently there is only one compliance scheme approved for farm plastics. 

Recommendations shall be provided on whether it is possible or feasible, from an 

economic perspective, to have multiple schemes approved for this waste stream. 

Recommendations are also required on how to combat illegal imports and exports of farm 

plastics, in particular those from Northern Ireland. 

In line with PfG objectives, we require an analysis of the feasibility of incorporating other 

types of farm plastics materials and other agri-wastes into a possible PRI. The study 

should analyse whether there is still a need for the levy which operates in the farm plastics 

PRI. 

2.6. End-of-Life vehicles. 


The Waste Management (End of Life Vehicles) Regulations 2006, S.I. No. 282 of 2006, 

fully transpose Directive 2000/53/EC. Under these regulations, each vehicle manufacturer 

or importer is required to have a national collection system in place made up of at least 

one such treatment facility in every local authority area. 

17

These facilities provide a free take-back service for vehicles of that producer's brand. An 

authorised treatment facility that forms part of a producer’s network is bound to accept any 

specified vehicle of that producer's brand. If essential parts of the vehicle (e.g. engine, 

gearbox, transmission and catalytic converter) are missing, or the vehicle contains waste, 

then a charge may apply. An operator of an authorised end-of-life vehicle treatment facility 

(ATF) is obliged to: 

 

 

 

 

 

 

Issue the registered owner with a certificate of destruction; 

Ensure the facility is operated under an appropriate waste licence or permit; 

Meet the minimum technical requirements for the storage, treatment and 

recovery of end-of-life vehicles and the storage of components containing 

fluids, spare parts, etc; 

Keep records of end-of-life vehicle materials for reuse, recycling, recovery and 

disposal and report these records to local authorities annually; 

Forward the details of the certificate of destruction to the National Vehicle and 

Driver File, maintained by the Department of Transport; 

The vehicle must be treated within 10 days of being deposited at the facility. 

The treatment of end-of-life vehicles at dedicated treatment centres, designed to 

dismantle vehicles in accordance with environmental best practice, allows hazardous 

substances to be removed and segregated from the main vehicle metal mass. Thus there 

is a welcome reduction in the volumes of hazardous waste that would have been 

previously generated by the shredding of whole vehicles without any pre-treatment. Such 

a practice resulted in the contamination of non-hazardous components with hazardous 

components, leading to greater overall volumes of hazardous waste. 

By virtue of the above, the end-of-life vehicles Regulations has resulted in hazardous 

waste prevention and minimisation. It should also be noted that the EU Directive 

2000/53/EC places obligations on producers of vehicles to ensure that certain hazardous 

substances are not used. 


One of the principal areas of concern in this review is the area of end-of-life vehicles. This 

waste stream operates pursuant to EU Directive 2000/53/EC which obliges Ireland to 

meet certain targets for the recovery and recycling of vehicles at their end–of-life. To date, 

Ireland has not been able to meet the targets set out in this Directive in respect of the 

recovery and recycling of ELVs and immediate steps must be taken to address this 

serious breach of EU environmental requirements. By 2015, more stringent EU targets 

will come into force for the recycling/recovery of ELVs. 

An examination of all aspects of the end-of-life vehicle system currently in operation is 

necessary and recommendations are required on how to improve the structure and 

environmental outputs of the end-of-life vehicle system. The study should examine 

examples of best practice for managing the end-of-life vehicle process in other Member 

States. Recommendations shall be provided for systems, including funding & reporting 

systems, which could be adopted for use here. As part of these recommendations, we 

require an analysis of the most beneficial uses for auto shredder residue. 

A recommendation is also required as to whether a system of arrangements could be put 

in place that would benefit from the establishment by the producers (motor vehicle 

manufacturers) of a compliance scheme which would have responsibility for the oversight 

of the system and meeting the EU targets. Details regarding the regulatory regime, data 

collection, the option of self-compliance, information and awareness, and other relevant 

issues should also be provided. 

18

2.7. Tyres. 

2.7.1 Introduction. 

The Waste Management (Tyres and Waste Tyres) Regulations 2007, S.I. No. 664 of 2007 

were introduced to tackle the inadequacy of information on tyre flows and the 

management of waste tyres and put in place an improved regulatory framework. The 

Regulations facilitate the comparison of quantities of waste tyres arising with the amounts 

placed on the market and tracking the movement of waste tyres from the time they are 

discarded until they are either reused or processed for recycling. The Regulations impose 

obligations on persons who supply tyres to the Irish market (producers and suppliers) and 

waste tyre collectors to submit quarterly reports on tyre flows to either their local authority 

or the compliance scheme they are participating in. 

There are two approved collective compliance schemes; Tyre Recovery Activity 

Compliance Scheme (TRACS) and Tyre Waste Management (TWM) which were 

approved by the Minister for the Environment in 2007 (TRACS) and 2009 (TWM). Both 

are not-for-profit bodies. 

2.7.2 Requirements. 

The PRI bodies approved by this Department for waste tyres have an objective to ensure 

the proper management of all waste tyres by tracking tyre and waste tyre flows. There is 

no commitment to meet specified targets nor do they arrange for the collection and 

recovery of tyres. The structural and environmental effectiveness of all aspects of the 

current system need to be reviewed to assess whether this system is ensuring the 

appropriate environmental management of waste tyres. 

A fundamental review is required of all aspects of the current system and 

recommendations should be provided which are designed to urgently improve its 

operation and ensure that waste tyres are managed according to best environmental 

practice. Recommendations on how to manage the movement of tyres and waste tyres 

across the border to/from Northern Ireland in order to ensure that waste is properly 

managed and that data is accurately recorded are also required. Recommendations for 

future changes in this area, including consideration of the establishment of a system of 

arrangements in accordance with international best practice, should be supported by 

details setting out the necessary regulatory regime, operational requirements, selfcompliance 

issues, information and awareness requirements and other relevant issues 

and should take account of the recently commenced North South study on Waste Tyres. 

2.8. Construction and Demolition. 


A voluntary scheme operates in this sector by way of an industry led initiative. The 

National Construction Demolition Waste Council was established in 2002 with the 

objective of providing a framework to meet the policy and targets set out by the 

Government in the policy document Changing Our Ways and other such policies as may 

be set from time to time. At the time five sub-committees (Infrastructure and Facilities, 

Markets for Recycled Materials and Specifications, Project Best Practice and Waste 

Management, Review of Regulatory Framework, Information, Public Awareness and 

Funding) were established to assist with the key objectives. 

The Council played a key role in raising the awareness of this waste stream and in 

improving the management and recycling of such waste. A website was developed and 

contains a number of very useful documents. 

19


The PfG contains a commitment to examine the establishment of producer responsibility 

for construction and demolition projects over a certain threshold. In addition, it also 

requires that these arrangements would be reinforced through compliance bonds. We 

require recommendations regarding the categories of waste material that ought to be 

included and the manner in which a producer responsibility system could operate 

successfully within the construction and demolition waste sector. We also require an 

analysis of how a system of compliance bonds could operate successfully. 

Recommendations for future changes in this area should be supported by details setting 

out the necessary regulatory regime, operational requirements, self-compliance issues, 

information and awareness requirements and other relevant issues. 

2.9. Emerging Alternative Technologies and New Approaches. 

This review should generally consider, as part of the context for the review, the use of all 

new or emerging alternative technologies, which could potentially be employed: - 

- to support the recovery of PRI waste from the municipal waste stream, 

- to contribute towards the reduction of Waste within the PRI Initiative, 

- to increase the recovery rate for PRI waste generally. 

- to ensure the environmentally sound treatment and management of 

residual waste and hazardous waste in the PRI waste streams, and 

The Review should also consider- 

further measures to enhance the prevention and minimisation of PRI waste and to 

encourage the preparation for reuse of recovered PRI waste resources; 

further measures which could be undertaken to support the development of 

indigenous reprocessing capacity for PRI waste; 

potential new PRI waste/resource management processes / business models; 

the desirability of further producer responsibility schemes; 

measures to promote potential new technologies and techniques; 

potential regulation and legislation, including - 

- Producer Responsibility/Product Stewardship, 

- Extended Producer Responsibility including measures required for 

implementation, 

- Green public procurement or similar measures to promote stable markets 

and demand for reusable and recycled products and associated services, 

- Mandatory annual reporting on resource use and waste production; 

2.10. Compliance schemes. 


As set out in Section 1 above, there are a number of issues which are impacting on the 

environment in which the Producer Responsibility Initiative model in Ireland operates. One 

of the cornerstones of this initiative in Ireland has been the introduction of compliance 

schemes. These schemes, which have been established by producers to process end-of - 

life environmental obligations, currently operate in a number of waste streams in Ireland. 

The Department recognises that a fundamental review of the operation of the compliance 

schemes in Ireland is an integral part of this overall review. Accordingly, in addition to the 

specific issues identified in sections 2.1 – 2.9, we require a more general examination of 

these schemes across a number of headings set out below. 

20

2.10.2. Competition. 

A central focus of the current Programme for Government is to create jobs and improve 

the competitive environment for business in Ireland. Accordingly, there is a need to 

ensure that the optimal competitive environment is provided for compliances schemes. 

Therefore, an examination across all of the waste streams is required as to whether the 

current arrangements are inhibiting competition and if so, recommendations should be 

provided as to how this situation can be improved. In terms of ensuring competition 

among compliance schemes, and in particular lowest compliance costs for businesses 

consistent with the achievement of the environmental outcomes required, 

recommendations are also required on the optimum numbers of compliance schemes that 

could maximise operational efficiencies in each waste stream. 

In analysing the overall nature of the competitive aspects of the market for compliance 

schemes, it will be necessary, as set out above, to review the existing geographic division 

for the collection of WEEE and batteries and to suggest possible new ways to open up the 

market to multiple compliance schemes operating within a given waste stream. 

Given the overall national imperative to improve competitiveness, a benchmarking of the 

costs incurred by producers in Ireland is required against those of other European 

Member States in respect of the individual waste streams which are subject to producer 

responsibility. This benchmarking exercise should also include a breakdown and analysis 

of the cost base of Irish compliance schemes against their European counterparts plus an 

analysis of the costs incurred for the actual recycling of the waste. 

2.10.3. Corporate Governance. 

It is recognised that the compliance schemes which operate in Ireland are unusual in that 

they operate in commercial markets but are not-for-profit organisations. While this might 

be a unique model within the EU, we require these compliance schemes to operate to the 

highest standards of corporate governance. In recommending a code of corporate 

governance, best national and international practice should be examined, both in terms of 

the organisations themselves and their relationship with DECLG e.g. should service level 

agreements or contracts be put in place to manage the performance of these schemes; 

what sanctions should be considered for under-performance In the final analysis, it is 

proposed that the level of responsibility resting with producers will be examined, as will 

mechanisms for applying appropriate financial penalties, where it has been clearly 

demonstrated that a scheme has breached any of the conditions of its approval, including 

failure to meet agreed performance targets. 

2.10.4. Interrelationship between compliance schemes. 

The Department has seen an increasing level of enquiries by companies who wish to 

seek to operate as compliance schemes. Given this trend, where we might have multiple 

compliance schemes operating in various waste streams in the future, it is essential to 

examine the appropriate levels of cooperation which need to exist between schemes in 

various areas. Should specific requirements be inserted into a compliance schemes 

approval, for example, which would oblige the compliance scheme, to actively 

communicate and co-operate with other approved bodies on issues The intention here, 

by using increased and enhanced co-operation, is to avoid duplication, reduce costs and 

explore synergies between schemes. 

Also, given the possibility of multiple schemes, recommendations should be provided 

around a dispute resolution mechanism which could be used for settling disputes between 

compliance schemes. The aim of the dispute resolution protocol should be to settle any 

disputes at the lowest possible level between the organisations. 

21

2.10.5. Information and awareness. 

One specific area which we require analysis of is the area of information and awareness. 

All of the compliance schemes operate information and awareness campaigns. These 

campaigns range from large-scale, national mainstream media campaigns to smaller, 

local or regional campaigns. We need an analysis of how much is spent by the 

compliance schemes on these activities and how successful they are in mobilising actual 

increased prevention, reuse and recycling behaviour. As we move to possibly more 

compliance schemes we also need an analysis and examination of whether it is more 

efficient and effective to remain with schemes devising and running individual information 

and awareness campaigns or whether another approach could produce better results and 

be more cost-effective, e.g. could a separate entity assume responsibility for this and levy 

the schemes with the costs involved 

The issue of the contribution of self-compliers to information provision and awarenessraising 

should be examined; currently self-compliers are not required to contribute to this 

activity. 

This Department wishes to get an overall view of the sources from which Irish people get 

their recycling messages. We need to examine which media types and campaigns have 

the most effect on the recycling behaviour. Also, as domestic and European waste 

recycling targets increase and it becomes increasingly difficult to achieve targets, we need 

to ensure that our recycling messages are reaching all socio economic classes and we 

need specific recommendations to support this. 

Given the huge expansion of social networking and the fact that social networking now 

accounts for 1 in every 6 minutes spent online, we need to have an analysis of the social 

networking plans of the compliance schemes. We also need further recommendations as 

to how we can utilise this medium to increase awareness of recycling in the future. We 

also require an analysis of whether new entrant compliance schemes can easily access 

existing information and awareness activities. 

2.10.6. Approval conditions. 

We require an examination of the terms and conditions of the approvals which are 

currently granted to compliance schemes. In examining the approvals, we also need to 

ensure that a proportionate amount of the administrative burden is carried by the 

compliance scheme and not solely by the Department and its agencies. 

Other areas where we require specific examination and recommendations involve the 

possibility of introducing fees for an approval to operate as a compliance scheme. 

2.10.7. Contingency funding. 

One of the current approval conditions of the compliance schemes requires that funding 

equivalent to approximately one year’s operational costs is held as a reserve. This 

contingency would then be set against recycling costs if the scheme was to cease 

operating. We need to examine this figure to see if it is appropriate that schemes hold this 

amount of contingency reserves and if a greater use of risk management techniques 

within the corporate governance framework could negate the need for this level of 

contingency reserve. 

2.10.8. Easing administrative burdens. 

This Department is conscious that we must continue to reduce the administrative burdens 

which we place on producers and firms generally. Also, under both EU and domestic 

22

initiatives, we are required to reduce administrative burdens and we require 

recommendations in the areas of data gathering, reporting, monitoring and enforcement 

that will achieve this. 

2.10.9. Self-compliance. 

In all of the PRI areas, producers must have the option of either self-complying with their 

environmental obligations or participating satisfactorily in an approved scheme which will 

fulfil their obligations for them. As already identified above, a number of issues concerned 

with self-compliance need to be examined: contribution to target achievement; 

contribution to awareness-raising; and equity between the obligations for self-compliers 

and scheme members. This research should also examine the general effectiveness, in 

terms of environmental protection, of self-compliance and the relative costs versus 

scheme membership costs. 

Depending on the particular PRI, self-compliers are required to register with their local 

authority or EPA and pay an appropriate fee; the local authority or EPA as appropriate is 

responsible for the enforcement of the self-compliance mechanism. We require an 

analysis of the effectiveness of this structure in terms of meeting Ireland’s environmental 

obligations, with recommendations for any structural improvements, cost adjustments or 

additional self-complier requirements. 

2.10.10. Possible new areas for PRI schemes. 

This review should also help identify, with the necessary consultation with all 

stakeholders, what other waste streams might be suitable for the development of further 

PRIs or voluntary agreement regarding the handling of end of life waste. In examining 

such other possible waste streams, the Review should have regard to the 

recommendations of the National Hazardous Waste Management Plan, which considered 

a number of waste streams to be suitable for further evaluation as possible producer 

responsibility initiatives. 

In particular, the position of newspapers, magazines and farm plastic chemical containers 

should be examined and assessed as to whether there would be environmental and 

economic benefits to the development of a possible PRI. 

2.11. WEEE Register Society. 

The WEEE Register Society (WRS) is the body which registers producers for WEEE and 

Batteries compliance in Ireland and it oversees the maintenance of the independent black 

box. We need to examine the costs of this operation and the fees charged to producers 

for registration and examine this against similar operations in other EU countries. Also, 

arising from the examination of the structural arrangements in other waste streams, we 

need to assess whether any additional black box or other responsibilities might be 

assigned to the WEEE Register Society. We also require an examination of the integrity of 

the data placed in the black box. 

An examination is also required of other possible responsibilities which might be assigned 

to the WEEE Register Society given the recast of the WEEE Directive and other possible 

developments in other waste streams. Given the expertise and experience of the WEEE 

Register Society, and in the context of the ongoing drive for public service efficiency, 

consideration should be given to whether there is scope and capacity to assign other 

responsibilities for maintaining other non-waste related national registers to the WRS. 

23

2.12 Possibility for enhanced co-operation with Northern Ireland. 

The Department has a very good working relationship with our counterparts in Northern 

Ireland, working constructively both through the existing structures in the North South 

Ministerial Council (NSMC) and on a bilateral basis on issues outside the NSMC 

framework. We would welcome recommendations on how to increase environmental 

protection across the PRI area through even greater cooperation, particularly in the area 

of enforcement. 

2.13. Enforcement. 

A key part of the producer responsibility regime is the issue of enforcement. We require 

an analysis of the effectiveness of our enforcement arrangements through an evaluation 

of local authority Recommendation of Minimum Criteria for Environmental Inspections 

(RMCEI) plans and recommendations as to how enforcement measures can be simplified 

and improved. Full regard should be had to all aspects of the emerging national waste 

policy. 

2.14. Public and stakeholder consultation. 

Given the wide ranging nature of this review, DECLG intends to invite comments from the 

general public, local authorities, environmental non governmental agencies and from 

other stakeholders. The successful tenderer will be required to analyse any comments 

received and conduct a range of meetings with key stakeholders. 

3. FORMAT OF TENDER 

Tenders must address all the requirements and must be in the format requested below. 

Tenders not in this format will not be considered. 

3.1. Written Proposals. 

A written proposal should be made for the entire consultancy team proposed to carry out 

the work and should confirm acceptance of the terms of this brief and include a preferred 

maximum of 25 A4 pages of core information not including Annexes. The written proposal 

should also include: - 

 

the Form of Tender and Schedules 1, 2 and 3, complete with the relevant details. 

An overview of: – 

 

the applicant’s perception of the work and the issues involved in the study and of 

the methods, skills, expertise and experience necessary to carry it out successfully 

(in this regard, it should be noted that while the main issues relevant to the 

production of the report have been outlined above, other issues which the 

applicant considers to be relevant may be identified and included). 

A technical proposal, to include: - 

 

the tasks to be performed, the proposed timetable for their performance, the 

methodology which will be applied and the deliverables of the project, within the 

overall timescale involved. 

24

An administrative proposal, to include: - 

 

 

 

 

 

 

 

 

 

 

a corporate biography, setting out the reasons why the applicant in question is 

best suited to the project; 

proposed arrangements for project management to ensure that effective levels of 

communication between the consultants and the steering group are maintained at 

all times, that the objectives of the project are being achieved, that the project 

does not run over in terms of time or cost, and that any problems which arise can 

be speedily resolved; 

the names, qualifications, work experience, fields of expertise and level of 

participation of all persons who will be involved in carrying out the study during 

each stage of the project; 

the nomination of a Project Manager who shall be responsible for all liaison and 

administration with the Department in respect of the project; 

those parts (if any) of the project which the consultant intends to sub-contract to 

third parties; 

details of previous similar or relevant work undertaken, with contact details for two 

references and where a group is involved, two such references should be 

provided in respect of each member; 

details of the legal status of the tenderer including details of the relationship with 

subsidiary companies and other parties where these are involved; 

the consultants’ assumptions of input from the Department; 

details of any possible conflicts of interest, in particular where a tenderer has 

produced, or is currently engaged in, work or a report for any stakeholder in the 

PRI sector in Ireland, in particular a compliance scheme; 

as part of the government green procurement objectives the successful tenderer 

should take all steps to reduce the environmental impact resulting in the 

performance of this contract. The response to tender should demonstrate how this 

will be achieved using approved approach/methodology. 

A cost proposal, to include: - 

 

 

 

a fixed fee quotation for the full cost of completing the study (expressed as the 

accumulation of per diem rates for each person involved, which should include all 

additional fees, withholding tax, costs and expenses incurred by the Consultant), 

inclusive of VAT at the appropriate rate, denominated in Euro; 

a schedule of deliverables, costs and timing of payments; 

any relevant information contained within the consultancy that relates to sections 

10.1 to 10.4 inclusive (Freedom of Information Acts). 

Written proposals should also confirm acceptance of the terms of this brief and of the 

general conditions which follow at Section 6. 

Tenderers are asked to provide a declaration that the tenderer is not excluded from this 

Request for Tenders by virtue of the exclusion criteria in section 9.1 and by virtue of the 

requirements of article 45(1) of Directive 2004/18/EC of the European Parliament and of 

the Council of 31 March 2004 on the co-ordination of procedures for the award of public 

works contracts, public supply contracts and public service contracts. The declaration 

should be included as an appendix to the tender proposal. 

Tenderers are asked to provide an appropriate financial profile for the last three years 

including, in the case of corporate entities, independently audited accounts. Where a 

tenderer is trading for less than three years accounts for each year of trading must be 

provided. 

25

4. EXAMINATION AND EVALUATION OF TENDERS. 

4.1. Examination. 

4.1.1 Tenders will be examined initially by reference to the following: - 

(a) Completeness of proposals as specified in Sections 2 and 3 of this document, 

(b) Stated ability of the tenderer to meet all the requirements specified in Section 

2 of this document, 

(c) Statement that none of the circumstances listed in paragraphs 1 and 2 of 

Article 45 of EU Directive 2004/18/EC apply to the tenderer (Appendix 3), 

(d) Technical and financial capacity as evidenced by the information requested at 

3.1.1 and 3.1.4 above. 

4.1.2 Only those tenders who satisfy conditions in relation to the above will be eligible 

for inclusion in the award process. 

4.2. Award Criteria. 

4.2.1 The contract will be awarded to the most economically advantageous tender of 

those meeting the specifications set out in Section 2, and not otherwise validly 

excluded, on the basis of the following award criteria [scored from 1000 marks 

weighted as indicated]: 

(a) Quality and technical merit of proposals (300) 

(b) The management and service structure proposed (100) 

(c) Expertise and skills of assigned personnel (150) 

(d) Time frame for delivery of service (150) 

(e) Proposed cost of providing service (250) 

(f) Corporate environmental commitment/green procurement (50) 

4.2.2 Each tenderer will be required to obtain a minimum score of 50% for each of the 

criteria set out above in order to be considered for the appointment. 

4.2.3 During the evaluation period clarification may be sought in writing from tenderers. 

Responses to requests for clarification may not materially change any of the 

elements of the tenders submitted. 

4.2.4 No unsolicited communications from tenderers will be entertained during the 

evaluation period. 

4.2.5 In evaluating the proposals received, the steering group may, at their absolute 

discretion, make a shortlist of tenderers to attend for interview or to make 

presentations on their proposals for the purpose of elaboration, clarification and / 

or aiding mutual understanding. Invited tenderers must be in a position to 

undertake such a presentation if required. Any proposed subcontractors may be 

required to participate in the presentation. The interview shall be conducted in a 

format as may be agreed and on the date set out in Section 1.8 above. No 

requests for an alteration of this date will be entertained. This Department shall not 

be responsible for any expenses incurred by tenderers. In this regard, tenderers 

should note that the Environment Policy and Awareness Section are based in this 

Department’s office in Newtown Road, Wexford. 

4.3. Requirements for a successful Applicant. 

4.3.1 The tenderer(s) should demonstrate the capacity of the nominated consultants 

to carry out successfully the project as outlined in this Request for Tenders. 

26

Knowledge and experience in successfully carrying out work in relevant fields is 

essential/highly desirable. In addition, tenderer(s) should have: - 

A. an adequate understanding of the work and the issues involved in the study and of 

the methods, skills, expertise and experience necessary to carry it out 

successfully. [In this regard, it should be noted that while the main aspects 

relevant to the project have been outlined in the Requests for Tender, other 

aspects which the applicant considers to be relevant may be identified and 

included]; 

B. relevant expertise, experience and knowledge in the field of prevention, reuse 

and recycling and the operation of producer responsibility systems and in 

particular in relation to policy, and legislation; 

C. familiarity with the operations of waste collection systems; 

D. the range of technical, analytical, statistical, advisory, marketing, financial, legal, 

consultative, communications, reporting and project management skills, and the 

resources necessary for the consultancy. In particular, the tenders should have 

expertise in economic analysis, competition law and an ability to interpret the 

effectiveness of information and awareness campaigns; 

E. a proven track record in carrying out environmental analyses and stakeholder 

consultations; 

F. a proven track record in managing contracts and, where appropriate, procuring 

sub-contracts to deliver specific objectives similar to those identified in this 

proposed consultancy brief; 

G. relevant expertise, experience and knowledge necessary for the review of 

technologies; 

H. familiarity with a wide range of methods which could be applied to such 

analyses; 

I. capacity and resources to prepare succinct, relevant and informative reports 

and papers with clear conclusions and an easily accessible (“reader-friendly”) 

presentation, meeting tight deadlines and completing the project within the 

stated timeframe; 

J. satisfactory knowledge of the Irish national and local government systems, 

public agencies and the Irish public service at national and local levels; 

K. satisfactory knowledge of all relevant local, regional, national, EU and 

international legislation and regulation. See appendix 1 in this regard. Other 

documents may be referenced at a later stage with the successful applicant. 

L. satisfactory knowledge of relevant public procurement and States Aid rules and 

procedures. 

4.4. Contractual Arrangements. 

4.4.1 A contract will be concluded with the tenderer whose tender is deemed to be the 

most economically advantageous in accordance with the award criteria in section 

4.2 subject to agreement on conditions of contract. 

27

4.4.2 The contract will be between the Department of the Environment, Community 

and Local Government and the contractor. The Department of the Environment, 

Community and Local Government, in the case of tender by a consortium, will 

not enter into a contract with individual members of the consortium; a lead 

contractor must be designated. 

4.4.3 Tenderers should note that a copy of any proposed contract or details of 

standard contractual arrangements, if available, should be included as an 

appendix to their tender proposal. Any terms and conditions in the proposed 

contract does not imply acceptance by the Department of the Environment, 

Community and Local Government. 

4.4.4 The Department of the Environment, Community and Local Government may 

cancel the tender process at any time prior to a contract being entered into and 

is bound neither to accept the lowest proposal/tender nor any tender offered. 

4.4.5 All works carried out shall be governed by the Laws of Ireland and subject to the 

exclusive jurisdiction of the Courts of Ireland. 

5. GENERAL CONDITIONS OF TENDER. 

5.1. Tenders should be prepared in English and are subject to the following: 

5.2. This Request for Tender shall form part of the contract documents. 

5.3. Tenderers should be aware that national legislation applies in other matters such 

as Official Secrets, Data Protection and Health and Safety. All time references 

should be interpreted as referring to local time. 

5.4. Tenderers must have regard to statutory terms relating to minimum pay and to 

legally binding industrial or sectoral agreements in preparing tenders. 

5. 5. Information supplied by tenderers will be treated as contractually binding. 

However, the Department of the Environment, Community and Local Government 

reserves the right to seek clarification or verification of any such information. 

5.6. Any conflicts of interest involving a tenderer must be fully disclosed to the 

Department of the Environment, Community and Local Government. Persons or 

companies engaged in or possessing a relationship with any service 

or operation which relates or may relate in any direct way to the outcome of the 

study may be excluded from applying or being involved in the undertaking of 

this study. Any decision of the Department in this regard shall be final. 

5.7. Any registerable interest involving the tenderer and the Department of the 

Environment, Community and Local Government, members of the Government, 

members of the Oireachtas or their relatives must be fully disclosed in the 

response to this RFT, or should be communicated to the Department of the 

Environment, Community and Local Government immediately upon such 

information becoming known to the tenderer, in the event of this information only 

coming to their notice after the submission of a bid and prior to the award of the ` 

contract. The terms 'registerable interest' and 'relative' shall be interpreted as per 

section 2 of the Ethics in Public Office Act, 1994. 

5.8. Before a contract is awarded the successful tenderer (and agent, where 

appropriate) will be required to promptly produce a Tax Clearance Certificate, or in 

28

the case of a non-resident tenderer, a statement from the Revenue 

Commissioners confirming suitability on tax grounds. Non-residents should 

contact the Office of the Revenue Commissioners, Revenue Residence Section, 

Government Offices, Nenagh, Co. Tipperary. In addition, contractors must retain 

records of tax reference numbers for any subcontractors where payments exceed 

€650 (incl. VAT). 

5.9. Tenderers should note that the provisions of Department of Finance Circular 22/95 

apply and the Department of the Environment, Community and Local Government 

may require sight of Tax Clearance Certificates for any subcontractor where 

payments exceed €2,600. Forms are attainable from the following address: Office 

of the Revenue Commissioners, Sarsfield House, Limerick. Where a Tax 

Clearance Certificate expires within the course of the contract, the Department of 

the Environment, Community and Local Government reserves the right to seek a 

renewed certificate. All payments under the contract will be conditional on the 

contractor(s) being in possession of a valid certificate at all times. 

5.10. Before commencement of appointment, the successful tenderer shall take out a 

policy or policies with an approved insurance company completely indemnifying all 

persons and /or organisations carrying out the study and the State from any 

claims by third parties for injuries to them or their property and by the consultancy 

team or any of their employees (Under the Social Welfare (Occupational Injuries) 

Act, 1996, Employer’s Liability Act, or any Statute, or at Common Law) arising out 

of work done or in progress in accordance with this contract. 

5.11. In the event of a group of respondents jointly submitting an acceptable offer, the 

contract will be awarded by the Department of the Environment, Community and 

Local Government to one contractor who acts as the agreed lead contractor. The 

lead contractor is responsible for the delivery of all services provided for under the 

terms of the contract and shall assume all the duties, responsibilities and costs 

associated with the position of lead contractor. 

5.12. The successful tenderer shall be responsible for the delivery of all services 

provided for within the contract on the basis of a fixed price agreement set at the 

beginning of the contract. Prices quoted in the tender cannot be increased during 

the currency of the tender. Similarly, terms and conditions cannot be altered. 

5.13. The Department of the Environment, Community and Local Government retains 

the right to withhold payment where a contractor has failed to meet his/her 

contractual obligations in relation to the delivery of services to an acceptable level 

of quality. 

5.14. The Department of the Environment, Community and Local Government will not 

be liable in respect of any costs incurred by tenderers in the preparation of tenders 

or any associated work effort. 

5.15. Responses to this RFT will be evaluated in their own right. No recognition will be 

given to information previously submitted. 

5.16. The Department of the Environment, Community and Local Government is not 

bound to accept the lowest or any tender submitted. 

6. ALLOCATION OF RESOURCES. 

6.1. Personnel responsible for the management and execution of each part of the 

contract shall be clearly identified and the specific duties to be completed by each 

nominated person shall be stated and entered in Schedule 1. 

29

6.2. A Project Manager shall be nominated by the Consultant and shall be 

responsible for all liaison and administration with the Department in respect of the 

project. The Project Manager shall not be changed for the duration of the contract. 

6.3. Literature or other resources proposed should be fully described and the extent to 

which they will be used should be stated in the tender submission. 

7. PROJECT REVIEWS. 

7.1. In addition to an introductory and close out meeting, two progress review meetings 

will be undertaken during the duration of the contract as agreed between the 

Consultant and the Steering Group appointed by the Department. 

7.2. The Consultant shall provide for attendance at meetings with the Department and 

other relevant stakeholders as necessary throughout the project. 

7.3. A brief progress report and a marked up work programme showing progress to 

date shall be submitted to the Department in advance of any scheduled progress 

review meeting. The progress report shall compare progress with the programmed 

work and shall include the following: 

 

 

 

 

 

 

Introduction 

Progress relative to programme for each task and activity 

Summary of work in progress and work completed 

Outputs and Deliverables since the last report 

Work scheduled for next period 

Decisions/directions required 

7.4 Review meetings shall take place in the Department of the Environment, 

Community and Local Government’s office in Newtown Road, Wexford unless 

otherwise agreed by the Department. 

8. PROJECT OUTPUTS. 

8.1. Outputs from the project shall be printed on A4 size paper. Maps and other 

diagrams shall be standard A4, A3, A2 or A1 size and shall be bound into the text. 

8.2. Twelve copies of the draft final report and of the final report shall be submitted. 

The sources of information used in the study must be identified and documented 

in the final report. 

8.3. The project report shall include all tables, maps, figures and forms in a standard 

format as agreed with the Department. 

8.4. The master copy of all reports and data shall be forwarded on computer disc in 

Microsoft Word, Access, Excel or other approved format to the Department with 

the final report. 

8.5. The project report shall contain no legends, logos or other identification marks of 

the Consultant. 

30

8.6. The Department may publish the completed Report. The documents should 

therefore include all necessary figures, charts, diagrams, etc. required to illustrate 

and communicate the contents to the reader. 

9. EXCLUSION CRITERIA. 

9.1 Any tenderer may be excluded from participation in this Request for Tenders 

who- 

(a) is bankrupt or is being wound up, whose affairs are being administered by a 

court of law, who has entered into an arrangement with creditors or who is in 

any analogous situation arising from a similar procedure under national laws 

and regulations; 

(b) is the subject of proceedings for a declaration of bankruptcy, for an order for 

compulsory winding–up or administration by a court of law or for an 

arrangement with creditors or is the subject of any other similar proceedings 

under national laws or regulations; 

(c) has been convicted of an offence concerning his or her professional conduct 

by a judgment which has the force of res judicata; 

(d) has been guilty of grave professional misconduct proven by any means which 

the steering group can justify; 

(e) has not fulfilled obligations relating to the payment of social security 

contributions in accordance with the legal provisions of the country in which 

he or she is established or those of the Republic of Ireland; 

(f) has not fulfilled obligations relating to the payment of taxes in accordance 

with the legal provisions of the country in which he or she is established or 

those of the Republic of Ireland; 

(g) is guilty of serious misrepresentation in supplying the information required 

under this Request for Tenders. 

10. FREEDOM OF INFORMATION ACTS 1997 and 2003. 

10.1. The Department of the Environment, Community and Local Government 

proposes that the following information relating to this tender competition will be 

made available on request: - 

(a) award criteria 

(b) reasons to unsuccessful candidates as to why their application was 

rejected. 

10.2. The Department of the Environment, Community and Local Government 

undertakes to hold confidential any information provided by tenderers subject 

to: - 

(a) disclosure of the information specified at 7.1 (a) above as liable for release 

to the public 

(b) the Client’s obligations under law, including the Freedom of Information Acts 

1997 and 2003. 

10.3. Tenderers are asked to consider if any of the information supplied by them in 

their tender should not be disclosed because of its sensitivity, other than that 

referred to at 11.1 (a) above. If this is the case, they should, when providing the 

31

information, identify it and specify the reasons for its sensitivity. The Client will 

consult with the tenderers about sensitive information before making a decision 

on any Freedom of Information request received. 

10.4. If tenderers consider that none of the information supplied by them is sensitive, 

they are requested to make a statement to that effect. Such information may be 

released in response to a Freedom of Information request. 

10.5. Similarly, the Department of the Environment, Community and Local 

Government requires that all information provided pursuant to this invitation to 

tender will be treated in strict confidence by tenderers. 

11. DISPUTES. 

11.1 Any irreconcilable dispute arising during the appointment as Consultant shall be 

referred to the arbitration of a person to be mutually agreed upon and any such 

reference shall be deemed to be a submission to arbitration within the meaning of 

the Arbitration Act, 1954 or any statutory re-enactment for the time being in force. 

11.2 Where, at any stage during the project, the work being undertaken by the 

Consultant is found to be unsatisfactory, the project may be terminated by the 

Department with seven days’ notice. In such circumstances, the Department’s 

total liability will not exceed an amount calculated as the total cost based on the 

number of days of the project completed as a proportion of the total number of 

days agreed for the project. 

12. DEADLINE FOR RECEIPT OF APPLICATIONS. 

12.1 Eight (8) copies of the applicant’s written proposal should be sent by registered 

post or recorded delivery by hand clearly marked “Review of the Producer 

Responsibility Initiative” and addressed to Mr. Roger Harrington, Environment 

Policy and Awareness Section, Department of the Environment, Community, 

and Local Government, Newtown Road, Co. Wexford, Ireland to arrive not later 

than 17.00 on Tuesday 15 th May 2012. Sole responsibility for meeting this 

deadline rests with the applicant. Late or incomplete or faxed proposals will not 

be considered. Late delivery of proposals by a third party will not be 

entertained. 

13. ENQUIRIES. 

13.1 Any enquiries in relation to factual or procedural matters may be addressed to 

Mr. Roger Harrington, Environment Policy and Awareness, Department of the 

Environment, Community and Local Government, Newtown Road, Co. Wexford, 

Ireland. Tel.: +353 53 9117438; Fax: 003531 53 911 7603 or email: 

roger.harrington@environ.ie. Enquiries may only be made in writing or by email. 

No enquiries will be accepted after 17.00 on Wednesday 8 th May, 2012. 

32

SCHEDULE 1 - PROJECT ORGANISATION 

PROJECT DETAILS 

Project Title .................................................................................. 

Tenderer .................................................................................. 

Contact Name .................................................................................. 

Address .................................................................................. 

Fax .................................................................................. 

Phone .................................................................................. 

PROGRAMME MANAGER 

Name .................................................................................. 

Qualifications .................................................................................. 

Experience .................................................................................. 

EXECUTIVE TEAM STAFF 

Name Qualifications Experience Duties Time Allocated 

.................................................................................................................................... 

.................................................................................................................................... 

.................................................................................................................................... 

.................................................................................................................................... 

.................................................................................................................................... 

.................................................................................................................................... 

.................................................................................................................................... 

.................................................................................................................................... 

33

SCHEDULE 2 – DRAFT PROJECT MANAGEMENT PLAN 

ACTIVITY NO. 

DESCRIPTION 

KEY 

ACTIVITIES 

DELIVERABLES 

COST 

DURATION 

(WEEKS) 

COMMENCEMENT 

WEEK NO. 

COMPLETION 

WEEK NO. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

34

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

PROPOSED PROJECT COMMENCEMENT DATE 

....................................................................................... 

PROPOSED PROJECT COMPLETION DATE 

....................................................................................... 

PROJECT DURATION 

...................................................................................…. 

35

SCHEDULE 3 - SCHEDULE OF RATES 

TEAM LEADER .................... per hour/per day 

PROJECT STAFF 

Name 

............................................................ ...................... per hour/per day 

.............................................................. ..................... per hour/per day 

............................................................ ........................ per hour/per day 

........................................................... ........................ per hour/per day 

OTHER RATES 

........................................................... .........................per hour/per day 

........................................................... .........................per hour/per day 

.......................................................... .........................per hour/per day 

.......................................................... .........................per hour/per day 

Notes: All rates entered should include VAT at the appropriate rate.

FORM OF TENDER 

TO: 

……………………………………………………………………………… 

CONTRACT TITLE: 

……………………………………………………… 

Having examined the specification for this contract as set out in your communication of 

.................................... 

we offer to complete the works in compliance with the specifications 

for the fixed sum of ..............................................……....... (inclusive of VAT @ ….%). 

We understand that you are not bound to accept the lowest or any tender that you may receive. 

Signed: ............................................... 

Company: ................................................ 

Address: ................................................ 

................................................ 

................................................ 

Date: ................................................ 

Company Seal: 

37

Appendix 1 

Relevant documents and legislation. 

1. National Policy Documents. 

Programme for Government – 2011. 

EU/IMF Programme of Support 2010. 

2. Irish Waste Management Policy Documents. 

Waste Management - Changing Our Ways (1998) 

Delivering Change – Preventing and Recycling Waste (2002) 

Waste Management – Taking Stock and Moving Forward (2004) 

National Overview of Waste Management (2004) 

National Strategy on Biodegradable Waste (2006) 

Market Development Programme for Waste Resources 2007 – 2011 (2007) 

Draft National waste policy 

National Action Plan on Green Procurement. 

3. PRI legislation in Ireland. 

Waste Management (Packaging) Regulations, 2003 (S.1. No. 61 of 2003). 

Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. 

No. 290 of 2005). 

Waste Management (Batteries and Accumulators) Regulations (S.I No. 268 of 2008). 

Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006). 

Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007). 

The Waste Management (Farm Plastic) Regulations, 2001. 

4. Waste Management Legislation. 

Waste Management Act 1996 and Waste Management (Amendment) Act 2001. 

5. Other Reports. 

National Waste Report– Environmental Protection Agency (yearly) 

National Hazardous Waste Management Plan Report - Environmental Protection Agency 

(2008) 

Review of the EPA 2011 

38

Appendix 2 

ARTICLE 45 OF EU DIRECTIVE 2004/18/EC 

Personal situation of the candidate or tenderer 

1. Any candidate or tenderer who has been the subject of a conviction by definitive judgment of 

which the contracting authority is aware for one or more of the reasons listed below shall be 

excluded from participation in a public contract: 

(a) participation in a criminal organisation, as defined in Article 2(1) of Council Joint 

Action 98/733/JHA 1 ; 

(b) corruption, as defined in Article 3 of the Council Act of 26 May 1997 2 and Article 3(1) of Council 

Joint Action 98/742/JHA 3 respectively; 

(c) fraud within the meaning of Article 1 of the Convention relating to the protection of the financial 

interests of the European Communities 4 ; 

(d) money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on 

prevention of the use of the financial system for the purpose of money laundering 5 . 

Member States shall specify, in accordance with their national law and having regard for 

Community law, the implementing conditions for this paragraph. 

They may provide for a derogation from the requirement referred to in the first subparagraph for 

overriding requirements in the general interest. 

For the purposes of this paragraph, the contracting authorities shall, where appropriate, ask 

candidates or tenderers to supply the documents referred to in paragraph 3 and may, where they 

have doubts concerning the personal situation of such candidates or tenderers, also apply to the 

competent authorities to obtain any information they consider necessary on the personal situation 

of the candidates or tenderers concerned. Where the information concerns a candidate or tenderer 

established in a State other than that of the contracting authority, the contracting authority may 

seek the cooperation of the competent authorities. Having regard for the national laws of the 

Member State where the candidates or tenderers are established, such requests shall relate to 

legal and/or natural persons, including, if appropriate, company directors and any person having 

powers of representation, decision or control in respect of the candidate or tenderer. 

2. Any economic operator may be excluded from participation in a contract who: 

1 

OJ L 351, 29.12.1998, p. 1. 

2 

OJ C 195, 25.6.1997, p. 1. 

3 

OJ L 358, 31.12.1998, p.2. 

4 

OJ C 316, 27.11.1995, p. 48. 

5 

OJ L 166, 28.6.1991, p. 77. Directive as amended by Directive 2001/97/EC of the European 

Parliament and of the Council of 4 December 2001 (OJ L 344, 28.12.2001, p. 76). 

39

(a) is bankrupt or is being wound up, whose affairs are being administered by the court, who has 

entered into an arrangement with creditors, who has suspended business activities or who is in any 

analogous situation arising from a similar procedure under national laws and regulations; 

(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory 

winding up or administration by the court or of an arrangement with creditors or of any other similar 

proceedings under national laws and regulations; 

(c) has been convicted by a judgment which has the force of res judicata in accordance with the 

legal provisions of the country of any offence concerning his professional conduct; 

(d) has been guilty of grave professional misconduct proven by any means which the contracting 

authorities can demonstrate; 

(e) has not fulfilled obligations relating to the payment of social security contributions in accordance 

with the legal provisions of the country in which he is established or with those of the country of the 

contracting authority; 

(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal 

provisions of the country in which he is established or with those of the country of the contracting 

authority; 

(g) is guilty of serious misrepresentation in supplying the information required under this Section or 

has not supplied such information. 

Member States shall specify, in accordance with their national law and having regard for 

Community law, the implementing conditions for this paragraph. 

3. Contracting authorities shall accept the following as sufficient evidence that none of the cases 

specified in paragraphs 1 or 2(a), (b), (c), (e) or (f) applies to the economic operator: 

(a) as regards paragraphs 1 and 2(a), (b) and (c), the production of an extract from the "judicial 

record" or, failing that, of an equivalent document issued by a competent judicial or administrative 

authority in the country of origin or the country whence that person comes showing that these 

requirements have been met; 

(b) as regards paragraph 2(e) and (f), a certificate issued by the competent authority in the Member 

State concerned. 

Where the country in question does not issue such documents or certificates, or where these do 

not cover all the cases specified in paragraphs 1 and 2(a), (b) and (c), they may be replaced by a 

declaration on oath or, in Member States where there is no provision for declarations on oath, by a 

solemn declaration made by the person concerned before a competent judicial or administrative 

authority, a notary or a competent professional or trade body, in the country of origin or in the 

country whence that person comes. 

4. Member States shall designate the authorities and bodies competent to issue the documents, 

certificates or declarations referred to in paragraph 3 and shall inform the Commission thereof. 

Such notification shall be without prejudice to data protection law. 

40

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