Dr. Eimear Cotter:

Thank you very much, Mr. Chairman. I thank the committee for the opportunity to come here and discuss the recently published waste management regulations. I am joined by my colleague, Dr. Tom Ryan, who is a Programme Manager at the Environmental Protection Agency. First, by way of introduction, the EPA's mission is to protect and improve the environment as a valuable asset for the people of Ireland, and to protect against the harmful effects of radiation and pollution. A substantial area of the EPA's activities in achieving that mission is the enforcement of environmental legislation assigned to it by the Oireachtas.

On waste tyres that are not appropriately managed, there are environmental risks. For example, illegal dumping of waste can cause environmental pollution,and stockpiles of tyres pose a fire risk. Used and waste tyres also have a significant visual impact. Appropriate management of this waste is therefore necessary if health and safety risks and pollution are to be avoided. As an indication of the size of the issue being managed through these regulations, information published recently by the EPA showed that approximately 28,000 tonnes of waste tyres were managed in 2014 in Ireland. In total, 43% of managed tyres were recycled, while 35.6% were exported and used as a fuel.

The EPA welcomes these new regulations, which are designed to maximise the re-use, recycling and recovery of waste tyres. The new regulations will strengthen the regulatory control of waste tyres by tracking the journey of each tyre from its first appearance on the market to the point where it becomes waste. They involve obligations on producers in places - importers in Ireland's case - as well as retailers, waste collectors, local authorities and the EPA. In addition, the new producer responsibility initiative will include collecting information on tyres and waste tyres in the distribution, collection and waste treatment network, which will assist in meeting data caps, particularly on the level of unauthorised disposal.

The role assigned to the EPA is very specific and is set out in section 45 of the regulations, which describes an enforcement role in relation to tyre producers, a tyre producer being the first person to put a tyre on the market as a tyre sale or on a vehicle. The producers' obligations include registration and provision of information to the registry body, the retention of records, and the display of a registration number. The EPA's approach in this enforcement role will be consistent with its overall enforcement principles; proportionality in the application of environmental law and in securing compliance; consistency of approach in response to incidents and use of powers; transparency in how it operates, to ensure public confidence; a risk-based approach, targeting activities that cause the greatest environmental damage or pose the greatest threats to the environment; and the application of the polluter pays principle, working towards ensuring that persons who cause environmental damage are held financially accountable for their actions.

The key objectives of the EPA's enforcement activity in respect of these regulations will be to determine compliance with the requirements of the regulations for all known tyre producers in the State on an annual basis, with an appropriate enforcement response to non-compliance, commensurate with the EPA's enforcement principles. We will also work to identify and engage with other operators, who may be tyre producers under law but are failing to meet their obligations through ignorance or wilful non-compliance, the so-called "free riders". Again, the EPA will follow through with an appropriate enforcement response and escalate that response as required. The EPA will also work closely with the various stakeholders, in particular Repak ELT, local authorities and the Producer Register Limited, to ensure awareness of the requirements of the regulations and in the development of compliance guidance. We in the the EPA welcome these regulations as a means of improving the management of waste tyres, maximising their reuse, recycling and recovery and addressing data gaps. In our specific role, we will undertake our enforcement activities in line with the principles I have outlined and work with other stakeholders to assist compliance as appropriate. I thank the committee.