Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 905: To ask the Minister for the Environment, Heritage and Local Government the number of organisations that are operating under the self compliance procedure by paying a fee of €15,000 to the local authorities under the waste management packaging regulations; if he will make a statement on the way this system operates and the enforcement procedures in place to ensure those who do not join a company (details supplied) or cooperate with the self compliance procedures are followed up; and the practical measures taking place in this regard. [22881/08]

John Gormley (Dublin South East, Green Party)
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The information sought in the question is not available in my Department, but may be obtained directly from local authorities who have primary responsibility for the registration of self-compliant major producers as set out under the regulatory regime for packaging waste.

In accordance with the principle of producer responsibility, Ireland, like many other Member States of the European Union, approached the implementation of Directive 94/62/EC on packaging and packaging waste on the basis that those businesses which have a major commercial involvement with the placing of packaging on the market (i.e. importers, manufacturers, packer/fillers, distributors and retailers) should have primary responsibility for devising, operating and financing systems for the recovery and recycling of packaging wastes which subsequently arise.

The Waste Management (Packaging) Regulations 2007, which revised and replaced previous regulations made in 2003 as well as amending regulations made in 2004 and 2006 respectively, are intended to facilitate the achievement by Ireland of the 60% packaging waste recovery target by end 2011 as set out in Directive 2004/12/EC which amended the original Directive 94/62/EC on packaging and packaging waste. These Regulations provide the necessary legal framework to facilitate the recovery and recycling of packaging waste in Ireland.

Under the Regulations, all producers placing packaging materials, packaging or packaged products 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 operators for recycling, effectively prohibiting the landfill of such materials from commercial sources. In addition, major producers, i.e. those who have an annual turnover in excess of €1 million and who place more than 10 tonnes of packaging on the Irish market, have additional responsibilities with regard to the recovery of packaging waste from their customers, meeting quarterly targets, preparation of implementation plans and annual reports, placing of signage on their premises, advertising take-back, and registration with local authorities. Registration is subject to a minimum fee of €500 per premises rising by an incremental €15 per tonne of packaging placed on the market up to a maximum fee of no more than €15,000 per premises.

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. Repak Limited — 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 Packaging Directives — is the sole approved compliance scheme for the recovery of packaging waste in Ireland. Repak membership income is used to subsidise the collection of packaging waste from both the household and commercial sectors.

Ireland has enjoyed considerable success in achieving the prescribed targets under Directive 94/62/EC. In 2001, Ireland assisted by Repak met the 25% packaging waste recovery target required under the Directive 94/62/EC — a 27% recovery rate was reported as having been achieved, all by way of recycling. The end 2005 target of 50% was achieved for the first time in 2003 with 51.2% of packaging waste reported as recycled in that year. An overall recovery rate of 57.3% was reported for the year 2006 indicating that Ireland has continued to achieve its 50% target and is well on the way to meeting the overall 60% recovery rate (with 55% by way of recycling) required by end 2011.