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

12.5.2 The Packaging Regulations “Essential Requirements”
Article 9 of the Packaging Waste Directive requires all packaging placed on the
market in the EU to comply with ‘essential requirements’ set out in Annex II of the
Directive. The Essential Requirements were transposed in Ireland on the 1 st
December 1998 as part of an Amendment to the 1997 Packaging Regulations.
The Essential Requirements outlined in these regulations can be summarised as
follows:
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� Packaging weight and volume must be reduced to the minimum necessary for
safety, hygiene and consumer acceptance of the packaged product;
� Hazardous substances and materials must be minimised as constituents of
packaging (Article 11 lays down specific limits on named heavy metals);
� Packaging must be suitable for at least one of the following – material
recycling, energy recovery or organic recovery; and
� If reuse is claimed, packaging must be suitable for that purpose as well as for
material recycling, energy recovery or organic recovery.
The European Committee for Standardisation (CEN), which is a standardisation
organisation, has created a number of standards in the area of packaging. These are
effectively referred to under Part VI of the Irish Regulations, which states:
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28. (1) Subject to sub-article (2), a producer shall not supply packaging or
packaged products to other persons within the State unless the packaging
concerned complies with the requirements of the Fourth Schedule.
(2) Packaging shall be deemed to comply with the requirements of the Fourth
Schedule if it complies with a European standard duly adopted, or a standard
prescribed under section 29(4) of the Act, in relation to the requirements of
the Fourth Schedule.
It was intended that the methodology within the standards would contain
specifications that might allow validation of compliance with packaging regulations on
a European wide basis. As the approach taken in creating the standards did not
facilitate this, individual countries effectively need to develop strategies for
compliance.
Repak notes:
“Companies in Ireland should demonstrate compliance by providing the Local
Authorities with sufficient technical documentation for a period of up to four
years from the date the packaging was placed on the market.
Irish companies which import packaging or packaged goods from other EU
member states should contact their suppliers to obtain the necessary
information. Companies manufacturing packaging in Ireland or sourcing
packaging from outside the EU should compile a dossier containing the
necessary information. Repak suggests that companies use the CEN
standards to compile the necessary information.