Michael Lowry (Tipperary North, Independent)
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Question 813: To ask the Minister for the Environment, Heritage and Local Government the incentives he will introduce to promote the use of refill packaging for consumer goods; the level of refill use by comparison with other EU countries; and if he will make a statement on the matter. [27907/06]

Dick Roche (Wicklow, Fianna Fail)
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Article 9 of European Parliament and Council Directive 94/62/EC on packaging and packaging waste provides that packaging may not be placed on the market within the European Union unless it satisfies the provisions of the Directive i.e. it complies with the essential requirements on the composition and the reusable and recoverable nature of packaging as provided for in Annex II of that Directive. In this regard, Annex II of the Directive explicitly provides that packaging shall be designed, produced and placed on the market in such a way as to permit its reuse or recovery, including recycling and composting.

Under article 18 of the Directive, Member States are prohibited from impeding the placing on the market of packaging which satisfies these essential requirements. The essential requirements of packaging are transposed into national law under the combined provisions of article 24, and the Third Schedule, of the Waste Management (Packaging) Regulations 2003, as amended, which provides that a person may not supply packaging or packaged products to the Irish market unless the packaging concerned complies with essential requirements as to its nature and composition.

The regulations impose obligations in relation to the recycling of backdoor waste on all producers participating in the placing of packaging on the Irish market. In addition, major producers i.e. those who have an annual turnover in excess of €1 million and who place more than 25 tonnes of packaging on the Irish market, have additional responsibilities with regard to the recovery of packaging waste from their customers. Major producers are required to take steps individually to recover their packaging waste (i.e. self-compliance) or alternatively to contribute to, and participate in, compliance schemes set up to recover packaging waste.

Repak Limited was established by Irish industry in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste with a view to achieving Ireland's packaging waste recovery and recycling targets under the Directive and is the only such approved compliance scheme in Ireland. Repak membership income is used to subsidise the collection of packaging waste from both the household and commercial sectors.

While Repak's primary role is to support the recycling of packaging waste, the fee structure applicable to its members — which is related to the type and amount of packaging placed on the market — reflects the polluter pays principle and directly incentivises the minimisation and reuse of packaging by producers. In addition, article 4(5) of the regulations expressly provides that account shall not be taken of packaging destined for reuse for the purpose of determining whether or not a producer is a major producer — this similarly provides a direct incentive for producers to introduce systems to promote the reuse of packaging.

In the light of the comprehensive regulatory regime in place for packaging waste, Ireland has enjoyed considerable success in recent years in meeting targets for the recovery and recycling of this significant waste stream. Data from the Environmental Protection Agency shows that the 25% target for 2001 set under Directive 94/62/EC on packaging and packaging waste was achieved and also that, with 56% recovery of packaging waste in 2004, Ireland has exceeded the 2005 recovery target of 50% set under the Directive.

Typically, deposit and refund schemes have been used in a number of countries as a vehicle to promote the use of refillable / reusable packaging. Successful deposit and refund schemes operating internationally are generally located in those countries where there has been no break in the continuity and cultural tradition of deposit and refund arrangements. This is not the case in Ireland and there would now quite likely be significant costs involved in re-establishing deposit and refund arrangements here. The cost of storage for returned items either by retail outlets or in automated reverse vending machines (which redeem refunds to consumers based on the type and number or weight of containers deposited in the receptacles concerned), the additional transport movements and the costs associated with collecting returned items from the substantial number of authorised collection points that would be required, together with other ancillary costs and demands associated with operating deposit and refund systems, are issues that would have to be taken into account in assessing the adoption of such an approach in Ireland.