Billy Timmins (Wicklow, Fine Gael)
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Question 389: To ask the Minister for the Environment, Community and Local Government the position regarding recyclable goods (details supplied); and if he will make a statement on the matter. [34336/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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There are legal requirements in place in relation to packaging waste. 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 must comply 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. While the Directive allows for the use of economic instruments (e.g. environmental levies, deposit & refund etc.), such instruments must be in conformity with EU law and designed in such a manner so as to ensure the functioning of the internal market, avoid obstacles to trade and restriction of competition within the Community. In broad terms, it would be contrary to the internal market to introduce measures which would prohibit, or have the equivalent effect of a prohibition on, a particular packaging item.

The essential requirements of packaging are transposed into national law under the provisions of article 28 of, and the Fourth Schedule to, the Waste Management (Packaging) Regulations 2007. The regulations provide 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. In effect, those essential requirements provide that packaging must be prevented so that only the minimum amount necessary is used for the containment, protection, handling, delivery and presentation of goods. Furthermore, packaging must be recoverable - either by means of material recycling, energy recovery, composting or by biodegradation. I continue to encourage the use of recycled material in the manufacturing of new products through the RX3 programme. This programme supports the development of markets for recyclates, identifies new opportunities for waste materials and stimulates business ideas by providing support and advice for the sector. Further information on RX3's work to create markets for recycled materials is available on www.rx3.ie .