International Review of Waste Management Policy - Department of ...

the recovery of 50% of packaging waste by end 2005. This legislation was further
amended in the Waste Management (Packaging) Regulations, (S.I. No 871 of 2004).
Council Directive 2004/12/EC was introduced at European level, to amend the
original Directive 94/62/EC on packaging and packaging waste. In 2006, Irish
legislation was aligned with this through the introduction of the Waste Management
(Packaging) (Amendment) Regulations (S.I. No 308 of 2006). The 2006 Statutory
Instrument introduced material-specific recycling targets, to be achieved in Ireland by
end 2011 and the updated EU packaging waste recovery targets of 60% of packaging
(with 55% by way of recycling).
The most recent legislation to come into play in Ireland with respect to the Producer
Responsibility elements of the Packaging Waste Directives is the Waste Management
(Packaging) Regulations (S.I. No. 798 of 2007). All producers, including retailers,
participating in the placing of packaging on the Irish market, must segregate the
packaging waste arising on their own premises into specified waste streams (i.e.
waste aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood) and have
it collected by authorised recovery operators for recycling. The regulations consolidate
the existing regulations of 2003 as well as the amending regulations of 2004 and
2006 respectively to bring improved clarity, transparency and accessibility to the
packaging waste regulatory regime. The principal articles of the regulations came into
effect on the 31 st March 2008.
As part of the measures in the 2007 Statutory Instrument, there has been a change
in the ‘Major Producer’ category, and a reduction in the de minimis threshold (one of
the thresholds to determine ‘Major Producer’ status) from 25 tonnes to 10 tonnes,
following on from the higher packaging recycling and recovery targets that have to be
achieved under Directive 2004/12/EC. As a result this will result in bringing more
businesses into the ‘obligated producer’ category.
It is worth noting that Ireland received a derogation within the implementation
deadlines, in relation to recycling and recovery targets set down at European level in
the original Directive, only having to achieve at least 25 per cent recovery by 2001
and 50 per cent recovery by 2005. This was in order to allow for the development of
required (recycling and recovery) waste management infrastructure.
12.2 Policy Context and Reason for Introduction
Packaging waste policy in Ireland is contained, in the most part, within the packaging
regulations described in the Outline of Policy Section above, which have been brought
into force through the introduction of legally binding Statutory Instruments. Within the
area of packaging waste policy, Ireland has followed the requirements set down in a
number of European Council Directives. The policy elements in Ireland did not
develop independently, and until recently, policy had been introduced entirely in a
reactive manner to the binding requirements of European legislation.
The individual European Council Directives and Irish Statutory Instruments are listed
in the section above. It may be noted that the main driving elements behind the
majority of the measures in the Packaging Waste Directives were focused on the
recycling and recovery of packaging materials and all of the binding targets to date
that have been set a European level have focused on recycling and recovery targets.
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