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the making

this Statutory Instrument was published in “Iris Oifigiúil”

1st September, 2020. TABLE

CONTENTS PART 1 PRELIMINARY PROVISIONS

1. to
2. Citation
3. to
4. Purpose

Regulations

1. Commencement
2. Interpretation PART 2 AMENDMENTS TO REGULATIONS

2014 7. Amendment to regulation 4 in the regulations

2014 8. Insertion

regulation 8A in the Regulations

2014 9. Amendment

regulation 18 in the Regulations

2014 10. Insertion

regulation 38 in the Regulations

2014 11. Insertion

regulation 39 in the Regulations

2014 12. Insertion

regulation 40 in the Regulations

2014 13. Insertion

regulation 41 in the Regulations

2014 14. Insertion

regulation 42 in the Regulations

2014 15. Amendment

Schedule 3 in the Regulations

2014 16. Amendment

Schedule 4 in the Regulations

2014 17. Insertion

Schedule 5 in the Regulations

2014 18. Insertion

Schedule 5 in the Regulations

2014 I, EAMON RYAN, Minister for Communications, Climate Action and Environment, in exercise

the powers conferred on me by section 3

the European Communities Act 1972 (No. 27

1972) and for the purpose

giving effect to Directive 94/62/EC

the European Parliament and

the Council

20 December 1994 on packaging and packaging waste, as amended by Directive 2004/12/EC

the European Parliament and

the Council

11 February 2004, Commission Directive 2013/2/EU

7 February 2013, Directive (EU) 2015/720

the European Parliament and

the Council

29 April 2015 and Directive 2018/851

the European Parliament and

the Council

30 May 2018, hereby make the following regulations: PART 1 PRELIMINARY AND GENERAL Citation

1. These Regulations may be cited as the European Union (Packaging) (Amendment) Regulations
3. These Regulations and the European Union (Packaging) Regulations 2014 may be cited together and should be construed together as one. Purpose

Regulations 3. The purposes for which these Regulations are made include the purpose

giving effect to provisions

European Parliament and Council Directive 94/62/EC1

20 December 1994 on packaging and packaging waste as amended by European Parliament and Council Directive 2004/12/EC2

11 February 2004, Commission Directive 2013/2/EU3

7 February 2013, Directive (EU) 2015/7204

the European Parliament and

the Council

29 April 2015 and Directive 2018/8525

the European Parliament and

the Council

30 May 2018 with a view to promoting the recovery and recycling

packaging waste. 4. To that end, these Regulations lay down measures aimed, as a first priority, at preventing the production

packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms

recovering packaging waste and, therefore, at reducing the final disposal

such waste in order to contribute to the transition towards a circular economy. Commencement 5. These Regulations shall come into operation on the date

signature. Interpretation 6. In these Regulations, “Regulations

2014” refers to the European Union (Packaging) Regulations 2014. ( S.I. No. 282

2014 ). “The Act

1996” means the Waste Management Act 1996 (No. 10

1996). PART 3 AMENDMENTS TO REGULATIONS

2014 Amendment to regulation 4 in the regulations

2014 7. Regulation 4 in the regulations

2014 is amended as follows: (

1. i)by deleting the definitions for, “packaging designed for reuse”, “recovery”, “recycling”, “energy recovery”, and “organic recycling” (
2. ii)by substituting the following for the definition

“packaging waste”: “packaging waste” shall mean any packaging or packaging material covered by the definition

waste laid down in Section 5

the Act

1996 and Article 3

Directive 2008/98/EC, excluding production residues. (iii) by the insertion

the following: “reusable packaging” shall mean packaging which has been conceived, designed and placed on the market to accomplish within its lifecycle multiple trips or rotations by being refilled or reused for the same purpose for which it was conceived. “composite packaging” shall mean packaging made

two or more layers

different materials which cannot be separated by hand and form a single integral unit, consisting

an inner receptacle and an outer enclosure, that it is filled, stored, transported and emptied as such. The definitions

“waste”, “waste management”, “collection”, “separate collection”, “prevention”, “reuse”, “treatment”, “recovery”, “recycling”, “disposal”, and “extended producer responsibility scheme” laid down in Section 5

the Act

1996 and Article 3

Directive 2008/98/EC6 shall apply. (iv) by substituting the following for the definition

“the Directive”: “the Directive” means European Parliament and Council Directive 94/62/EC

20 December 1994 on packaging and packaging waste as amended by Directive 2004/12/EC

11 February 2004 and Commission Directive 2013/2/EU

7 February 2013, Directive (EU) 2015/720

the European Parliament and

the Council

29 April 2015 and by Directive (EU) 2018/852

30 May 2018.” Insertion

regulation 8A in the Regulations

2014 8. The following is inserted after regulation 8 in the Regulations

2014. “Requirements on all producers to recover and recycle packaging waste. 8A.

packaged products or is a packer/filler shall take such steps as are necessary to ensure that, no later than 31 December 2025, a minimum

65 % by weight

all packaging waste will be recycled; And

plastic; (ii) 25 %

wood; (iii) 70 %

ferrous metals; (iv) 50 %

aluminium; (v) 70 %

glass; (vi) 75 %

paper and cardboard;

packaged products or is a packer/filler shall take such steps as are necessary to ensure that no later than 31 December 2030 a minimum

70 % by weight

all packaging waste will be recycled; And,

plastic; (ii) 30 %

wood; (iii) 80 %

ferrous metals; (iv) 60 %

aluminium; (v) 75 %

glass; (vi) 85 %

paper and cardboard. Amendment

regulation 18 in the Regulations

2014 9. Regulation 18 is amended by the replacement

sub-regulation 18

this regulation and in order to comply with Article 8 and Article 8a

Directive 2008/98/EC on waste.” Insertion

regulation 38 in the Regulations

2014 10. Regulation 38 is inserted into the Regulations

2014 after regulation 37 as follows: “Regulation 38 (Prevention): 38.

these regulations, other preventive measures are implemented in order to prevent generation

packaging waste and to minimise the environmental impact

packaging. Such other preventive measures may consist

national programmes, incentives through extended producer responsibility schemes to minimise the environmental impact

packaging, or similar actions adopted, if appropriate, in consultation with economic operators, and consumer and environmental organisations, and designed to bring together and take advantage

the many initiatives taken within Member States as regards prevention.

economic instruments and other measures to provide incentives for the application

the waste hierarchy such as those indicated in Annex IVa to Directive 2008/98/EC or other appropriate instruments and measures.” Insertion

regulation 39 in the Regulations

2014 11. Regulation 39 is inserted into the Regulations

2014 as follows: “Regulation 39 (Reuse) 39.

the Act

1996, the Minister shall take measures to encourage the increase in the share

reusable packaging placed on the market and

systems to reuse packaging in an environmentally sound manner and in conformity with the Treaty, without compromising food hygiene or the safety

consumers. Such measures may include, inter alia: (a) the use

deposit-return schemes; (b) the setting

qualitative or quantitative targets; (c) the use

economic incentives; (d) the setting up

a minimum percentage

reusable packaging placed on the market every year for each packaging stream.

the targets referred to in regulation 8A for a given year by taking into account the average share, in the preceding three years,

reusable sales packaging placed on the market for the first time and reused as part

a system to reuse packaging. The adjusted level shall be calculated by subtracting: (a) from the targets laid down in points

regulation 8A, the share

the reusable sales packaging referred to in the first subparagraph

this paragraph in all sales packaging placed on the market, and (b) from the targets laid down in points

regulation 8A, the share

the reusable sales packaging referred to in the first subparagraph

this paragraph, composed

the respective packaging material, in all sales packaging composed

that material placed on the market. No more than five percentage points

such share shall be taken into account for the calculation

the respective adjusted target level.

wooden packaging that is repaired for reuse in the calculation

the targets laid down in point

regulation 8A.” Insertion

regulation 40 in the Regulations

2014 12. Regulation 40 is inserted into the Regulations

2014 as follows: “Regulation 40 (Rules on the calculation

the attainment

the targets) 40.

calculating whether the targets laid down in regulation 8A have been attained: (a) The Agency shall calculate the weight

packaging waste generated and recycled in a given calendar year. Packaging waste generated in the State may be deemed to be equal to the amount

packaging placed on the market in the same year within the State; (b) the weight

packaging waste recycled shall be calculated as the weight

packaging that has become waste which, having undergone all necessary checking, sorting and other preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and to ensure high-quality recycling, enters the recycling operation whereby waste materials are actually reprocessed into products, materials or substances.

point (a)

paragraph 1, the weight

packaging waste recycled shall be measured when the waste enters the recycling operation. By way

derogation from the first subparagraph, the weight

the packaging waste recycled may be measured at the output

any sorting operation provided that: (

1. a)such output waste is subsequently recycled; (
2. b)the weight

materials or substances that are removed by further operations preceding the recycling operation and are not subsequently recycled is not included in the weight

waste reported as recycled.

quality control and traceability

the packaging waste to ensure that the conditions laid down in point (a)

paragraph 1

this regulation and points (a) and (b)

paragraph 2

this regulation are met. To ensure the reliability and accuracy

the data gathered on recycled packaging waste, the system may consist

electronic registries set up pursuant to Article 35

Directive 2008/98/EC, technical specifications for the quality requirements

sorted waste, or average loss rates for sorted waste for various waste types and waste management practices respectively. Average loss rates shall only be used in cases where reliable data cannot be otherwise obtained and shall be calculated on the basis

the calculation rules established in the delegated act adopted pursuant to Article 11a

Directive 2008/98/EC.

calculating whether the targets laid down in regulation 8A have been attained, the amount

biodegradable packaging waste that enters aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost, digestate, or other output with a similar quantity

recycled content in relation to input, which is to be used as a recycled product, material or substance. Where the output is used on land, it may count it as recycled only if this use results in benefits to agriculture or ecological improvement.

packaging waste materials that have ceased to be waste as a result

a preparatory operation before being reprocessed may be counted as recycled provided that such materials are destined for subsequent reprocessing into products, materials or substances to be used for the original or other purposes. However, end-

- waste materials to be used as fuels or other means to generate energy, or to be incinerated, backfilled or landfilled, shall not be counted towards the attainment

the recycling targets.

calculating whether the targets laid down in points regulation 8A have been attained, the Agency may take into account the recycling

metals separated after incineration

waste in proportion to the share

the packaging waste incinerated provided that the recycled metals meet certain quality criteria laid down in the implementing act adopted pursuant to Article 11a

Directive 2008/98/EC.

recycling in that other Member State may be counted towards the attainment

the targets laid down in regulation 8A.

the targets laid down in regulation 8A only if the requirements

paragraph 3

this regulation are met and if, in accordance with Regulation (EC) No 1013/20067

the European Parliament and

the Council , the exporter can prove that the shipment

waste complies with the requirements

that Regulation and that the treatment

packaging waste outside the Union took place in conditions that are broadly equivalent to the requirements

the relevant Union environmental law.” Insertion

regulation 41 in the Regulations

2014 13. Regulation 41 is inserted into the Regulations

2014 as follows: “Regulation 41 (Return, collection and recovery systems) 41.

used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives; (b) the reuse or recovery including recycling

the packaging and/or packaging waste collected. Those systems shall be open to the participation

the economic operators

the sectors concerned and to the participation

the competent public authorities. They shall also apply to imported products under non-discriminatory conditions, including the detailed arrangements and any tariffs imposed for access to the systems, and shall be designed so as to avoid barriers to trade or distortions

competition in conformity with the Treaty.

2024, the Minister shall ensure that extended producer responsibility schemes are established for all packaging in accordance with Articles 8 and 8a

Directive 2008/98/EC.

a policy covering all packaging and packaging waste and shall take into account, in particular, requirements regarding the protection

the environment and consumer health, safety and hygiene, the protection

the quality, the authenticity and the technical characteristics

the packed goods and materials used, and the protection

industrial and commercial property rights.

packaging waste and to meet the necessary quality standards for the relevant recycling sectors. To that end, Article 11

Directive 2008/98/EC shall apply to packaging waste, including from composite packaging.” Insertion

regulation 42 in the Regulations

2014 14. Regulation 42 is inserted into the Regulations

2014 as follows: “Regulation 42 (Information systems and reporting) 42.

points (a) to (i)

Article 6

the Directive and data on reusable packaging, for each calendar year to the Commission.

the Directive and Annex III

the Directive.

Schedule 3 in the Regulations

2014 Schedule 3 is amended by replacing the title heading for Part 3 as follows: “PART 3 — Information to be provided in a three-year implementation plan [regulation 15

Schedule 4 in the Regulations

2014 Schedule 4 is amended as follows: (a) In Schedule 4.1, the second paragraph is replaced by the following: ‘Packaging shall be designed, produced and commercialised in such a way as to permit its reuse or recovery, including recycling, in line with the waste hierarchy, and to minimise its impact on the environment when packaging waste or residues from packaging waste management operations are disposed

.’; (

1. b)In point 3, points (
2. c)and (
3. d)are replaced by the following: ‘(
4. c)Packaging recoverable in the form

composting Packaging waste processed for the purpose

composting shall be

such a biodegradable nature that it does not hinder the separate collection and the composting process or activity into which it is introduced. (d) Biodegradable packaging Biodegradable packaging waste shall be

such a nature that it is capable

undergoing physical, chemical, thermal or biological decomposition such that most

the finished compost ultimately decomposes into carbon dioxide, biomass and water. Oxo-degradable plastic packaging shall not be considered as biodegradable.” 17. Insertion

Schedule 5 in the Regulations

2014 The following is inserted following Schedule 4 in the Regulations

2014 “Schedule 5 DATA TO BE INCLUDED BY MEMBER STATES IN THEIR DATABASES ON PACKAGING AND PACKAGING WASTE (IN ACCORDANCE WITH TABLES 1 TO 4) 1. For primary, secondary and tertiary packaging: (a) quantities, for each broad category

material,

packaging consumed within the country (produced + imported - exported) (Table 1); (

1. b)quantities reused (Table 2). 2. For household and non-household packaging waste: (
2. a)quantities for each broad category

material, recovered and disposed

within the country (produced + imported - exported) (Table 3); (b) quantities recycled and quantities recovered for each broad category

material (Table 4). TABLE 1 Quantity

packaging (primary, secondary and tertiary) consumed within the national territory TABLE 2 Quantity

packaging (primary, secondary and tertiary) reused within the national territory TABLE 3 Quantity

packaging waste recovered and disposed

within the national territory TABLE 4 Quantity

packaging waste recycled or recovered within the national territory “ Insertion

Schedule 6 in the Regulations

2014 The following is inserted following Schedule 5 in the Regulations

2014 “Schedule 6 IMPLEMENTATION PLAN TO BE SUBMITTED PURSUANT TO POINT (D)

ARTICLE 6(1A)

THE DIRECTIVE The implementation plan to be submitted pursuant to point (d)

Article 6

the Directive shall contain the following: 1. assessment

the past, current and projected rates

recycling, landfilling and other treatment

packaging waste and the streams

which it is composed; 2. assessment

the implementation

waste management plans and waste prevention programmes in place pursuant to Articles 28 and 29

Directive 2008/98/EC; 3. reasons for which the Member State considers that it might not be able to attain the relevant target laid down in points (g) and (i)

Article 6

the time extension necessary to meet that target; 4. measures necessary to attain the targets set out in points (g) and (i)

Article 6

this Directive that are applicable to the Member State during the time extension, including appropriate economic instruments and other measures to provide incentives for the application

the waste hierarchy as set out in Article 4

, and Annex IVa to, Directive 2008/98/EC; 5. a timetable for the implementation

the measures identified in point 4, determination

the body competent for their implementation and an assessment

their individual contribution to attaining the targets applicable in the event

a time extension;

1. information on funding for waste management in line with the polluter-pays principle;
2. measures to improve data quality, as appropriate, with a view to better planning and monitoring performance in waste management. “ GIVEN under my

ficial Seal, 27 August 2020. EAMON RYAN Minister for Communications, Climate Action and Environment. EXPLANATORY NOTE (This note is not part

the Instrument and does not purport to be a legal interpretation.) The purposes for which these Regulations are made include the purpose

giving effect to provisions

European Parliament and Council Directive 94/62/EC

20 December 1994 on packaging and packaging waste as amended by European Parliament and Council Directive 2004/12/EC

11 February 2004, Commission Directive 2013/2/EU

7 February 2013, Directive (EU) 2015/720

the European Parliament and

the Council

29 April 2015 and Directive 2018/851

the European Parliament and

the Council

30 May 2018 with a view to promoting the recovery and recycling

packaging waste. The Regulations lay down measures aimed, as a first priority, at preventing the production

packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms

recovering packaging waste and, therefore, at reducing the final disposal

such waste in order to contribute to the transition towards a circular economy. Earlier iterations

the Packaging Directive have been primarily transposed by the Waste Management Act 1996 and by the European Union (Packaging) Regulations 2014. ( S.I. No. 282

2014 ). Therefore, these Regulations primarily consist

amendments to these two pieces

legislation. The following table indicates how the Packaging Directive is transposed-and notes where aspects which are the responsibility

the Commission are not transposed. Article

Directive 2018/850/Amendments to Directive 94/62/EC Transposed by Regulation No: Article 1 - Purpose 3 - Purpose

Regulations Article 3 - Definitions 7 – Amending Regulation 4 in Regulations

2014. Article 4 – Prevention measures 10 – Insertion

new Regulation 38 (Prevention) into regulations

2014 Article 5 - Reuse 11 – Insertion

new Regulation 39 (Reuse) into regulations

2014 Article 6 – Recovery and recycling 8 – insertion

Regulation 8A (Requirements on all producers to recover and recycle packaging waste) into the Regulations

2014 Article 6a – Rules on the calculation

the attainment

the targets 12 – insertion

new regulation 40 (Rules on the calculation

the attainment

the targets) into the Regulations

2014 Article 6b- Early warning report Commission competence – not transposed. Article 7 - Return, collection and recovery systems 13 – Insertion

Regulation 41 (Return, collection and recovery systems) into the Regulations

2014 Article 9 - Essential requirements Commission competence – not transposed. Article 11 - Concentration levels

heavy metals present in packaging Commission competence – not transposed Article 12 - Information systems and reporting 14 – Insertion

Regulation 42 (Information systems and reporting) into the Regulations

2014 Article 17 – Obligation to report (deletion) No change required. Article 19- Adaptation to scientific and technical progress Commission competence – not transposed Article 20 -Specific measures Commission competence – not transposed Article 21- Committee procedure Commission competence – not transposed Article 21a -Exercise

the delegation Commission competence – not transposed Annex II 16 - Amendment to Schedule 4

2014 Annex III 17 -Insertion

Schedule 5 into the Regulations

2014 Annex IV 18 -Insertion

Schedule 6 into the Regulations

2014 1 OJ L 365, 31.12.1994, p. 10 2 OJ L 47, 18.2.2004, p. 26 3 OJ L 37, 8.2.2013, p. 10 4 OJ L 115, 6.5.2015, p. 11 5 OJ L 150, 14.6.2018, p. 141 6 OJ L 312, 22.11.2008, p. 3 7 OJ L 190, 12.7.2006, p. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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