Packaging regulations

How do the Regulations apply to your business?

The Waste Management (Packaging) Regulations, 2007 impose certain obligations on all ‘producers’ of packaging and additional obligations on ‘major producers’

• ‘Producers’ of packaging are people who in the course of business supply to others packaging material e.g. shops, pubs, supermarkets, fast-food outlets, wholesalers, manufactures, importers, exporters (both Repak and non-Repak members). All such are referred to as ‘producers’ of packaging.
• ‘Major Producers’ of packaging are suppliers who annually place more than 10 tonnes of packaging (other than packaging for reuse or export) on the Irish market and have an annual turnover of more than €1million (‘Turnover’ for the purpose of these Regulations means "the amounts derived from the provision (including exports) of goods and services falling within the producers ordinary activities after deduction of trade discounts and VAT".)
• Packaging includes the primary packaging on the product sold. If you are asked to produce a packaging report identifying packaging used you must calculate packaging weights.

As a major producer, if you exceed 10 tonnes annually which equates to approximately 200kg of packaging a week, you have specific obligations. You may wish to seek the assistance of a consultant to prepare such a report.

All producers participating in the placing of packaging on the market must segregate the packaging waste arising on their own premises (back-door packaging waste) into specified waste streams e.g. waste glass, paper, aluminum, steel, fiberboard, wood and plastic sheeting. An exemption is provided for ‘contaminated’ waste.

Packaging sold and consumed on a producers premises also comes within the scopes of the Regulations. Bottles sold and consumed in pubs, restaurants, clubs and hotels are now subject to the requirements of the Regulations.

A producer must arrange to have waste taken back by a supplier, or recovered, or segregated and made available for recovery by an authorised waste recovery operator.

It is an offence for a producer to dispose of such packaging waste without first making it available for recovery.