The Minister for the Environment, in exercise of the powers conferred by sections 7 , 19 , 27 , 28 and 29 of the Waste Management Act, 1996 (No. 10 of 1996). hereby makes the following Regulations:

PART I PRELIMINARY AND GENERAL

1 Citation and commencement.

1. (1) These Regulations may be cited as the Waste Management (Farm Plastics) Regulations, 1997.

(2) These Regulations shall come into operation on the 1st day of August. 1997.

2 Interpretation.

2. (1) In these Regulations, any reference to a Schedule. Pan or article which is not otherwise identified is a reference to a Schedule. Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations, save where the context otherwise requires:

"the Act" means the Waste Management Act, 1996 :

"approved body" means a body corporate or association approved by the Minister in accordance with article 15;

"farm plastics" means sheeting, bale wrap or bale bags composed mainly of polyolefins including polyethylene, polypropylene or polyvinyl chloride, which is or are suitable for use for the conservation of fodder:

"offer and make available for recovery" in relation to farm plastics waste means

( a ) segregate such farm plastics waste into the specified categories for the purpose of facilitating the recovery of said waste, and

( b ) cake reasonable steps to notify persons engaged in waste recovery (in these Regulations referred to as "recovery operators") of the availability, nature, amount and location of such farm plastics waste, and

( c ) offer to provide such farm plastics waste to a recovery operator free of charge, and

( d ) store such waste for a period of not less than four weeks after notification under paragraph (b), or until it is collected by a recovery operator, whichever is the earlier;

"purchaser" means a person within the State to whom farm plastics are supplied;

"recovery operator" means a person referred to in the definition of "offer and make available for recovery";

"relevant period" means the preceding calendar year or, in the case of a first application for renewal of registration under article 8 or a first report under article 11(2), the period since the initial application for registration was made by the producer in question;

"specified categories" in relation to farm plastics waste means sheeting, bale wrap and bags;

"supplier" means a person who, for the purpose of trade or otherwise in the course of business, imports, manufactures, sells or otherwise supplies to other persons farm plastics or goods wrapped in farm plastics;

"supply" includes the supply of farm plastics in association with the. cutting of grass, the conservation of fodder or the provision of any similar or related service and includes, for the purpose of trade or otherwise in the course of business, providing in exchange for any consideration other than money or giving as a prize or otherwise making a gift.

(4) For the purposes of these Regulations, 'producer' is hereby specified, under and in accordance with section 27 of the Act. to mean a supplier who, for the purpose of trade or otherwise in the course of business, imports or manufactures farm plastics for supply to other persons.

PART II

PRODUCER RESPONSIBILITY OBLIGATIONS

3 Deposit and refund scheme.

3. Subject to article 13, a producer of farm plastics shall operate a deposit and refund scheme in relation to farm plastics which are imported or manufactured by the producer and supplied by the producer to persons within the State and for this purpose

( a ) a producer shall require each purchaser of such farm plastics to pay to the producer a refundable deposit of money in relation to such farm plastics supplied by the producer to the purchaser,

( b ) the amount of a refundable deposit shall be calculated at a rate equivalent to £200 per tonne of such farm plastics so supplied,

( c ) a producer shall, upon the return by any person of such farm plastics to the producer, repay to that person an amount which is equal to the deposit, or proportion of the deposit, paid to the producer in respect of the farm plastics so returned,

( d ) a producer shall obtain a written statement from each person who returns such farm plastics of the amount by weight of farm plastic so returned by the person and shall retain such statements for a period of not less than two years,

( e ) a producer shall not repay in whole or in part a deposit of money paid to the producer in accordance with this article in respect of farm plastics unless the farm plastics have been returned to the producer, and

( f ) farm plastics will be regarded as being returned to a producer on the transfer of the farm plastics to the producer or to any person collecting such farm plastics on behalf of the producer.

4 Waste collection obligations.

4. (1) Subject to article 13. a producer shall, in accordance with this article and without imposing any charge for so doing, collect or arrange for the collection of farm plastics which were imported or manufactured by the producer and supplied to persons within the State.

(2) The requirement on a producer under sub-article (1) to collect or arrange for the collection of farm plastics which were imported or manufactured by the producer and supplied to persons within the State shall apply in relation to such farm plastics which are held within the State by any person who makes a request to the producer to collect such farm plastics.

(3) A producer shall, within six weeks of receipt of a request from a person in accordance with sub-articled), collect or arrange for the collection of the farm plastics to which the request relates from the place at which such farm plastics are held by that person, save as may be otherwise agreed between the producer and that person.

(4) The obligation under sub-article (1) to collect or arrange for the collection of farm plastics includes the obligation to transport or arrange for the transportation of. and to accept control of, such farm plastics.

5 Provision of information to purchasers.

5. Subject to article 13, a producer shall, in relation to farm plastics imported or manufactured by the producer and supplied by the producer to persons within the State, provide a statement in writing to each such person indicating that the producer is obliged

( a ) to repay to any person who returns such farm plastics to the producer the amount of the deposit paid in respect of the farm plastics so returned, and

( b ) to collect or arrange for the collection of such farm plastics from the place at which they are held within six weeks of receipt of a request by any person who holds such farm plastics within the State, save as may be otherwise agreed between the producer and that person.

6 Waste recovery obligations.

6. A producer shall take such steps as are necessary to ensure that farm plastics waste collected in accordance with this Part is

( a ) recovered by or on behalf of that producer or by a recovery operator, or

( b ) offered and made available for recovery.

7 Prevention of environmental pollution.

7. A producer shall use such containers and other equipment, and provide or otherwise obtain the use of such premises, as may be necessary to ensure that farm plastics waste which has been collected in accordance with this Part is handled and stored in a manner which does not cause, and is not likely to cause, environmental pollution.

8 Registration of producers.

8. (1) Subject to article 13, a producer shall

( a ) apply for registration to each local authority in whose functional area the producer supplies or intends to supply farm plastics, not later than the date of commencement of these Regulations or the date of commencement of business. whichever is the later, and

( b ) apply for renewal of registration to each such local authority, not later than the 31st day of January in each year following initial registration, save only that a producer shall not be required to make such application within six months of initial registration.

(2) A local authority shall register a producer who makes an application to that authority in accordance with article 9.

9 Application for registration or renewal of registration.

9. (1) An application for registration under article 8 shall be made in writing, in such form as may be specified by the relevant local authority, shall contain at least the information set out in Part 1 of the Schedule and shall be accompanied by a copy of the plan required to be prepared under article 11(1).

(2) An application for renewal of registration under article 8 shall be made in writing, in such form as may be specified by the relevant local authority shall contain at least the information set out in Part 2 of the Schedule and shall be accompanied by a copy of the report required to be prepared under article 11(2).

(3) An application under article 8 shall be accompanied by a fee of £100.

(4) A producer shall notify the relevant local authority of any changes to the information provided in. as the case may be, an application for registration or the last preceding application for renewal of registration.

10 Records and Information.

10. (1) With effect from the date of commencement of these Regulations. or the date of commencement of business, whichever is the later, a producer shall, subject to article 13. compile and maintain the information set out in Part 3 of the Schedule, and shall submit a monthly statement of such information to the relevant local authority, in such form as may be specified by that authority, within 10 days of the end of each month.

(2) It shall be the responsibility of the relevant producer to retain, for a period of three years after the end of the period in question, such records as are necessary to verify the accuracy of information compiled and maintained in accordance with sub-article (1).

11 Plans and reports.

11. (1) Subject to article 13, a producer shall, not later than the date on which application for registration is made under article 8, prepare a plan specifying the steps to be undertaken by the said producer in order to comply with the requirements of these Regulations.

(2) Subject to article 13, a producer shall, not later than the date on which application for renewal of registration is made under article 8, prepare a report specifying the steps taken by the said producer in order to comply with the requirements of these Regulations in the relevant period, and the results of those steps.

(3) A report under sub-article (2) shall contain at least the information set out in Part 4 of the Schedule.

(4) A copy of a plan or report prepared for the purpose of this article shall—

( a ) not later than the relevant date. be sent to the persons specified in Part 5 of the Schedule, and

( b ) be made available, free of charge, by the producer concerned to any person who so request.

(5) For the purpose of this article, "made available" includes sending the plan or report, as the case may be. by post to a person who so requests.

12 General duty regarding recovery operators.

12. (1) For the purposes of Article 6 a producer shall ensure that a person purporting to be a recovery operator is engaged in bona fide waste recovery activities.

(2) In a prosecution for a contravention of sub-article (1), it shall be a good defence to prove that the accused took all reasonable steps, including the making of reasonable enquiries, to establish that a person concerned was a bona fide recovery operator.

PART III

APPROVED BODIES

13 Exemption from regulatory requirements.

13. A producer to whom is granted a certificate by an approved body stating that such producer is participating, in a satisfactory manner, in a scheme for the recovery of farm plastics waste, shall be exempt from the requirements of Part II and articles 20 and 21 unless and until

( a ) such certification is revoked by the approved body concerned or otherwise ceases to have effect/be in force; or

( b ) approval granted by the Minister to the body concerned is revoked in accordance with article 16.

14 Application for approval by the Minister.

14. (1) A body corporate or association may apply to the Minister for approval for the purposes of this Part.

(2) An application for approval under sub-article (1) shall be made in writing and shall be accompanied by the following

(i) a copy of the articles of association of the body corporate or association.

(ii) proposals for a scheme to be undertaken by the body corporate or association for the purposes of recovery of farm plastics waste.

(iii) a financial plan in relation to the proposed scheme.

(iv) annual farm plastics waste recovery targets to be achieved under the proposed scheme,

(v) proposals for the certification of producers for the purpose of article 13,

(v) proposed measures for determining and verifying the level of recovery of farm plastics waste under the proposed scheme. and

(vii) such other information as may be specified by the Minister for the purpose of this article.

[zzsi315y1997a15] 15 Grant of approval by the Minister.

15. (1) Subject to sub-article (2), the Minister may, by notice in writing, grant approval to a body corporate or association for the purposes of this Part, or may refuse to gram such approval.

(2) An approval under sub-article (1) may be subject to such conditions as the Minister may specify, including conditions relating to

( a ) measures to be undertaken by the approved body or by producers certified by that body, with regard to the recovery of farm plastics waste,

( b ) targets to be achieved by the approved body with regard to the recovery of farm plastics waste,

( c ) determination and verification of the effects of measures undertaken with regard to the recovery of farm plastics waste, and

( d ) the nature and frequency of information (including financial accounts) to be submitted by the approved body to the Minister or to such other person as may be specified by the Minister.

(3) The Minister may, by notice in writing, from time to time vary any condition attached to an approval under sub-article (1).

16 Revocation of approval by the Minister.

16. (1) Subject to sub-article (2). where it appears to the Minister that an approved body is not in compliance with conditions attached to such approval, or that relevant farm plastics waste recovery targets have not been or are not being met. the Minister may revoke an approval granted under article 15.

(2) Before making a decision to revoke an approval under sub-article (1), the Minister shall

( a ) give notice in writing to the approved body of the proposed decision and the reasons therefor, and

( b ) specify a period of not less than one month within which the approved body may make a submission to the Minister in relation to the proposed decision.

(3) The Minister shall consider any submission made by the approved body within the period specified and, if he or she decides to revoke an approval granted under article 15, shall forthwith give notice in writing to the body or association concerned of the decision and the reasons therefor.

17 Prohibition on use of logo.

17. No person shall, otherwise than with the written consent of an approved body, display at any premises or on or in any product, packaging, advertisement or notice, any logo or other mark or symbol designed and adopted by that approved body for use by producers certified by that approved body for the purposes of article 13.

18 Notifications to local authorities.

18. An approved body shall, not later than the 7th day of each month, notify each local authority of any producer in respect of which a certificate for the purposes of article 13 has been granted or revoked within the preceding calendar month.

PART IV

PROVISIONS RELATING TO ENFORCEMENT

19 Enforcement.

19. Each local authority shall be responsible for the enforcement of these Regulations within us functional area and shall take such steps as are necessary for this purpose.

20 Provision of information to local authority.

20. (1) Subject to article 13, a local authority may, by the service of a notice in writing on a holder of farm plastics or a supplier, require that holder or supplier, as the case may be, to maintain such records and to furnish in writing to the local authority, within such period (being not less than 7 days after the date of service of the notice) and if appropriate, thereafter at such frequency, as may be specified in the notice, such particulars as to

( a ) the source, quantities and/or weight of farm plastics held and/or supplied, and

( b ) the operation of a deposit and refund scheme in accordance with Part II in relation to farm plastics held or supplied by that person.

(2) A person on whom a notice under this article has been served shall, within the period specified in the notice, comply with the terms thereof.

21 Provision of evidence to local authority.

21. (1) Subject to article 13, a local authority may by notice in writing require a person to furnish, within such period (being not less than 7 days after the date of service of the notice) as may be specified in the notice,

( a ) such evidence as it may reasonably require to verify any particulars or information submitted by that person to the local authority under these Regulations, and

( b ) in the case of a producer, copies of statements obtained under and in accordance with article 3 in respect of such period as may be specified.

(2) A notice for the purpose of sub-article (1) (a) may specify the nature of the evidence to be furnished, or the manner in which any matter is to be set out or addressed in such evidence, and may require that such evidence be verified by a person approved for that purpose by the relevant local authority.

(3) A person on whom a notice under this article has been served shall. within the period specified in the notice, comply with the terms thereof.

22 Register.

22. (1) It is hereby prescribed that the register maintained by a local authority under section 19 of the Act shall contain entries specifying the following matters

( a ) the name and address of a producer registered by a local authority under article 8, and the date of such registration and of any renewal of such registration.

( b ) the receipt of information by a local authority in accordance with article 10,

( c ) the giving of a notice under articles 20 and 21.

(2) Information received by a local authority in accordance with articles 9, 10, 11 and 20 shall be made available at the principal office of the local authority concerned for inspection by any person during off ice hours.

PART V

MISCELLANEOUS

23 Onus of proof on a supplier.

23. In a prosecution for a contravention of these Regulations (being a contravention consisting of a failure to comply with a requirement specified in Part II), a supplier shall be deemed to be a producer unless the said supplier satisfies the Court that the contrary is the case.

24 Provision of information to suppliers.

24. A producer who supplies farm plastics to another supplier shall comply with any request from that supplier for information on the weight of farm plastics concerned, so as to enable that supplier to comply with any obligations arising under the Regulations.

25 Collection of waste.

25. Notwithstanding any contractual arrangement to the contrary effect

( a ) a local authority shall not be obliged to collect or arrange for the collection of farm plastics waste from a producer where the authority considers that the said producer is not in compliance with the requirements of these Regulations.

( b ) a commercial waste collector shall not accept from a producer farm plastics waste for disposal without first receiving a written declaration, signed by the person in charge of the premises from which the waste is to be collected, stating that. in relation to the waste which will be presented by the producer for collection at that premises, the waste will not be so presented unless the producer has complied with Part II insofar as it requires such waste to be offered and made available for recovery.

SCHEDULE

PART I

[Article 9(1)].

Information to be provided for the purpose of registration

1. Name(s), address, telephone and fax number of the registered office or. if not a company, the principal place of business, of the producer.

2. Name and address(es) of owner(s).

3. Location of premises at or from which farm plastics are or will be supplied by the producer (including a premises to which article 7 applies).

4. Where appropriate, the estimated weight of farm plastics supplied in the twelve month period prior to the date of application, in each of the specified categories.

PART 2

[Article 9(2)].

Information to be provided for the purpose of renewal of registration

1. Name(s), address, telephone and fax number of the registered office or, if not a company, the principal place of business, of the producer.

2. The weight of farm plastics supplied in the relevant period in each of the specified categories.

3. The weight of farm plastics waste collected in the relevant period. in each of the specified categories.

4. Recovery operators notified of the availability of farm plastics waste during the relevant period, for the purposes of article 6.

5. The weight of farm plastics waste

( a ) recovered by or on behalf of the producer, and

( b ) accepted by recovery operators,

in the relevant period, in each of the specified categories.

6. The weight of farm plastics waste disposed of or consigned for disposal by the producer during the relevant period, in each of the specified categories. and the nature of the disposal operations involved.

PART 3

[Article 10(1)].

Information to be compiled and maintained by registered producers

1. The weight of farm plastics supplied in each of the specified categories.

2. Name and address of persons to whom farm plastics were supplied, and the amount(s) and weight supplied to each. such person.

3. Name and address of persons from whom farm plastics waste was collected, and the weight collected from each such person, in each of the specified categories.

4. The weight of farm plastics waste

( a ) recovered by or on behalf of the producer, and/or

( b ) accepted by each recovery operator.

in each of the specified categories.

5. The weight of farm plastics waste disposed of or consigned for disposal by the producer in each of the specified categories, and the nature of the disposal operations involved.

PART 4

[Article 11(3)].

Information to be provided in a report for public information

1. Name(s), address, telephone and fax number of the registered office or, if not a company, the principal place of business, of the producer.

2. Location of premises at or from which farm plastics are supplied by the producer.

3. The weight of farm plastics supplied in the relevant period in each of the specified categories.

4. The weight of farm plastics waste collected in the relevant period, in each of the specified categories'.

5. Recovery operators notified of the availability of farm plastics waste during the relevant period, for the purposes of article 6, and the means used to effect such notification.

6. The weight of farm plastics waste

( a ) recovered by or on behalf of the producer, and

( b ) accepted by recovery operators.

in the relevant period, in each of the specified categories.

7. The weight of farm plastics waste disposed of or consigned for disposal by the producer in each of the specified categories during the relevant period, and the nature of the disposal operations involved.

PART 5

[Article 11(4)].

Persons to whom a report shall be sent

The Minister

Environmental Protection Agency

Irish Farmers Association

Irish Creamery Milk Suppliers Association.

Given under the Official Seal of the Minister for the Environment

this 14th day of July, 1997.

NOEL DEMPSEY

_______________________

Minister for the Environment

EXPLANATORY NOTE

These Regulations are designed to assist the recovery of waste farm plastics. The Regulations impose obligations on importers and manufacturers of certain farm plastics for this purpose including an obligation to operate a deposit and refund scheme, to collect waste farm plastics, to takes steps for the recovery of such waste, to register with and provide information to local authorities and to provide information to purchasers. An exemption from these obligations is available to persons who participate in a waste recovery scheme operated by an approved body.

These Regulations were notified to the European Commission in draft form in accordance with EU Council Directive 83/189/EEC.