Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd February, 2024.

I, EAMON RYAN, Minister for the Environment, Climate and Communications, having regard to section 4 of the European Communities Act 2007 (No. 18 of 2007), and in exercise of the powers conferred on me by section 29 (4)(f) of the Waste Management Act, 1996 (No. 10 of 1996), and for the purpose of giving further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment¹ which imposes obligations on the State that relate, in whole, to matters to which the said section 29(4)(f) relates, hereby make the following regulations:

PART I

PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the Separate Collection (Deposit Return Scheme) Regulations 2024.

Interpretation

2. (1) In these Regulations, save where the context otherwise requires –

“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996) and every other enactment which is to be read together with that Act;

“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“approved body” means any person, association or body corporate approved by the Minister to operate a deposit return scheme in accordance with Regulation 7;

“authorised person” means a person who is appointed in accordance with Section 5(1) of the Act of 1996;

“authorised representative” means any natural or legal person established within the State who has been appointed by written mandate from a producer, established in another Member State or a country outside the European Union to fulfil the obligations of that producer, pursuant to these Regulations in the State;

“beverage” means a liquid intended for human consumption by drinking, but does not include milk or other dairy-based products;

“Central Statistics Office” means the Office established under section 8 (1) of the Statistics Act 1993;

“certificate of registration” means a certificate of membership issued by an approved body under Regulation 5(j);

“certificate of exemption” means a certificate of take back exemption issued by an approved body under Regulation 5(l);

“consumer” means a natural person who is acting for purposes unrelated to the person’s business or profession and includes, in the context of a return of an in-scope bottle or in-scope container a person, whether or not the person bought the relevant in-scope product from a retailer;

“deposit return scheme” means a scheme under which the consumer at the point of sale pays an amount that is not part of the sales transaction, referred to in these Regulations as “the deposit”, for in-scope product within the meaning of these Regulations, on condition that the deposit is refunded to the consumer when the empty in-scope bottle or in-scope container is returned to an approved return point;

“Directive” means Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment² ;

“distributor” means a person who sells or supplies an in-scope product by wholesale, and “distribute” shall be construed accordingly;

“green procurement” means procurement whereby goods, services, works and utilities that have a reduced impact on the environment throughout their life cycle are selected over alternative products or solutions;

“in-scope bottle” means a beverage bottle described in Regulation 3(1)(a) without the beverage contained in it;

“in-scope container” means an aluminium or steel beverage container described in Regulation 3(1)(b) without the beverage contained in it;

“in-scope product” means an in-scope beverage bottle or in-scope beverage container described in Regulation 3(1) together with its contents when sold;

“local authority” has the same meaning as it has in Section 5(1) of the Act of 1996;

“Minister” means the Minister for the Environment, Climate and Communications;

“online retail sale” is a sale through a website or online marketplace, and related expressions are to be construed accordingly;

“packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such material, container or wrapping as may be prescribed;

“placed on the market” means the first sale or supply of an in-scope product for the purpose of trade or otherwise in the course of business in the State;

“premises” includes a building or any part of a building, any outdoor space surrounding or adjacent to the premises, whether or not used in conjunction with the premises, any land, premises, tent, caravan, or other temporary or moveable structure, ship or other vessel, aircraft, railway carriage or other vehicle (whether stationary or otherwise) and any storage container;

“producer” means any person, irrespective of the selling technique used, who is first to place in-scope products on the market in the State;

“Regulations of 2007” means the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 );

“retailer” means any person who for the purpose of trade or otherwise in the course of business sells or otherwise supplies in-scope products to a final consumer;

“return point” means a premises registered in accordance with Regulation 15 to take back in-scope bottles and in-scope containers and “return point operator” shall be construed accordingly but shall not include a retailer;

“store size” means all retail facing areas including entrance area, aisles, shelf space, deli counters/sections, check out areas and behind till space. It excludes storage and office areas which the consumer does not have access to;

“unredeemed deposits” means deposits which are not refunded to the consumer;

“vending machine” means an automatic machine for the sale of in-scope products (regardless of whether the machine also sells other products).

(2) A word or expression that is used in these Regulations and is also used in the Directive has the same meaning in these Regulations that it has in the Directive.

Scope

3. (1) These Regulations shall apply to –

(a) Beverage bottles which are manufactured from polyethylene terephthalate (PET) with a capacity between 0.150 litres and 3 litres and their component parts which are used and sealed for the sale of a product contained in them, and for which a deposit under Regulation 18 has been paid.

(b) Beverage containers which are manufactured from aluminium or steel with a capacity between 0.150 litres and 3 litres and their component parts which are used and sealed, for the sale of a product contained in them, and for which a deposit under Regulation 18 has been paid.

(2) These Regulations shall not apply to –

(a) Plastic beverage bottles which are not manufactured from PET.

(b) Aluminium or steel containers which are not designed to contain a beverage.

PART II

ESTABLISHMENT OF A DEPOSIT RETURN SCHEME

Deposit Return Scheme

4. (1) Producers shall establish a Deposit Return Scheme (hereafter “the scheme”) to operate in respect of in-scope bottles, in-scope containers and in-scope products.

(2) Producers may appoint a person to apply to the Minister in accordance with these Regulations to operate the scheme referred to in paragraph (1) on their behalf.

(3) (a) The costs of operating a scheme shall be recouped from –

(i) registration fees set by an approved body,

(ii) producer fees set by an approved body on the basis of quantity and material type placed on the market,

(iii) unredeemed deposits as provided for in these Regulations,

(iv) revenue derived from the sale of returned in-scope bottles and containers,

(v) any other income source created by an approved body.

(b) An approved body shall set any producer and registration fees to meet only its costs of operation and not for profit.

PART III

APPROVED BODY

Functions of an Approved Body

5. (1) An approved body shall –

(a) carry out all the functions for which they are approved effectively and in a financially sound manner,

(b) achieve separate collection rates for recycling of in-scope bottles in accordance with the Directive,

(c) achieve EU recycling targets for in-scope containers,

(d) establish and maintain a register of all producers, retailers, return point operators and distributors,

(e) establish and maintain a register of all retailers who are exempted from the obligation to take back in-scope bottles and in-scope containers under Regulation 14(2)(g);

(f) audit the producers registered with it in accordance with these Regulations,

(g) audit the retailers registered with it in accordance with these Regulations,

(h) audit the return point operators registered with it in accordance with these Regulations,

(i) audit the distributors registered with it in accordance with these Regulations,

(j) issue a certificate of registration to all producers, retailers, return point operators and distributors who fulfil their obligations under these Regulations,

(k) revoke a certificate of registration from all producers, retailers, return point operators and distributors who fail to fulfil their obligations under these Regulations,

(l) issue a certificate of exemption to retailers who are exempted from the obligation to take back in-scope bottles and in-scope containers under Regulation 14(2)(g),

(m) engage with approved waste collectors to ensure separate collection, appropriate processing and counting of in-scope bottles and in-scope containers,

(n) provide the Minister, the Agency, the Central Statistics Office and the relevant local authority with information relating to producers, retailers, return point operators and distributors registered with it in accordance with these Regulations,

(o) gather information from producers, retailers, return point operators and distributors in connection with their participation in the Deposit Return Scheme,

(p) provide the Minister, the Agency and a local authority with all reasonable information they may seek in order to verify compliance with these Regulations and relevant requirements of the Directive,

(q) advise the Minister of any developments in the area of waste management which in the opinion of the approved body could improve the effectiveness of the scheme including the potential future benefits of such a scheme for other materials and new waste collection methodologies,

(r) advise the Minister on the appropriate level of deposit and the type of deposit or both.

Application for approval

6. (1) An application to the Minister for approval of a person to operate a Deposit Return Scheme shall be made in writing and accompanied by the following –

(a) (i) where the applicant is a body corporate:

(I) a copy of the Articles of Association of the body corporate,

(II) the appropriate certificate issued by the Companies Registration Office,

(III) the names and addresses in the State of the officers of the body corporate or agent applying for approval and its board of directors,

(IV) the registered office and the address of the secretary, if different from the registered office,

(ii) where the applicant is not a body corporate, the names and addresses in the State of officers of the applicant,

(b) proposals relating to corporate governance of the applicant in line with any guidance from the Minister in relation to such governance,

(c) proposals for the composition of the board of the approved body,

(d) a business plan in relation to the proposed scheme,

(e) a financial plan in relation to the proposed scheme,

(f) proposals for a contingency reserve to cover all the costs, including the consequential expenses, associated with the winding up of an approved body which has its approval revoked, goes into liquidation, examination or receivership or bankruptcy, as appropriate or enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,

(g) proposals for engagement with retailers,

(h) proposals for engagement with distributors,

(i) proposals for determining the minimum threshold scope for all materials to which these Regulations apply,

(j) proposals for the achievement of separate collection targets established in the Directive of in-scope bottles returned to retailers or return points,

(k) proposals on engagement with authorised waste collectors to ensure separate collection for in-scope bottles and in-scope containers returned to retailers or return points,

(l) proposals for achieving EU targets for recycling of in-scope containers,

(m) proposals on engagement with recovery operators for achieving food quality recyclate of separately collected in-scope bottles and in-scope containers,

(n) proposals relating to co-operation with other approved bodies, authorised waste collectors and recovery operators,

(o) proposals in relation to Rules of Membership for producer members, retailer members, return point operator members and distributor members of the approved body participating in the scheme together with details of relevant participation fees,

(p) proposals in relation to Rules of Membership for producer members, retailer members, return point operator members and distributor members of the approved body participating in the scheme together with details of relevant participation fees,

(q) proposals for obtaining information from local authorities who facilitate return points,

(r) proposals for obtaining information from producers, retailers, return point operators and distributors in connection with their participation in the Deposit Return Scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered,

(s) an undertaking to submit information, in such form and at such frequency as may be specified by a local authority or, as appropriate, the Agency in relation to activities carried out and information held by the approved body,

(t) proposals for the certification of producers, retailers, return point operators and distributors for the purposes of Regulations 13, 14, 15, 16 and 17,

(u) proposals for the establishment of return points separate to retailers that will maximise the separate collection and recycling of in-scope bottles and in-scope containers,

(v) proposals for engagement with charitable, sporting and community groups to enable their participation in the scheme,

(w) proposals relating to green procurement,

(x) proposals relating to the awareness raising measures the approved body will take to inform purchasers of the location and operation of retailers and return points,

(y) proposals for the methods of collection, sorting, storage, transportation and management of returned material, including proposals for engagement with relevant contractors, service providers and authorised waste collectors,

(z) proposals detailing the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister, as appropriate, to enable the monitoring of the achievement or not of the targets, and

(aa) proposals detailing the methods of repayment that may be used by a retailer or other return point operator in returning the deposit to a consumer.

Grant or refusal of approval

7. (1) An approval granted by the Minister to a person to operate a scheme shall oblige an approved body to implement the proposals agreed as part of the application process.

(2) Subject to Regulations 8 and 10, an approval granted by the Minister under this Regulation shall be for a period of not more than 10 years.

(3) An approval granted under paragraph 1 shall be reviewed by the Minister by the end of the second quarter of the third year after the grant of approval and by the end of the second quarter of each third year following.

(4) An approval in accordance with the provisions of paragraph 1 shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to –

(a) the articles of association of the body corporate,

(b) the appropriate certificate issued by the Companies Registration Office,

(c) corporate governance,

(d) the representation of micro, small and medium enterprises on the board of the approved body and the composition of the board of directors,

(e) the business plan,

(f) a contingency reserve,

(g) co-operation with other approved bodies and individual producers,

(h) any aspects of the scheme to be undertaken by the approved body for the environmentally sound management of in-scope containers and in-scope bottles,

(i) the achievement of the collection rates and targets as referred to in Regulation 5,

(j) the determination and verification of the effects of measures to be undertaken with regard to the environmentally sound management of in-scope containers and in-scope bottles,

(k) the rules of membership of the body corporate and the membership fee structure,

(l) non-discrimination against any producer on the grounds of the quantity or, as appropriate, type of in-scope products that he or she places on the market in the State,

(m) the certification of producers for the purpose of Regulation 13,

(n) green procurement,

(o) measures to be undertaken by the body concerned relating to the dissemination of information to the public regarding the Deposit Return Scheme,

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

(q) any other matters the Minister may consider appropriate.

(5) The Minister may, by notice in writing, from time to time attach a new condition or, as the case may be, vary any existing condition attached to an approval under this Regulation.

(6) Without prejudice to paragraph 4(f), in the event that an approved body:

(a) has its approval revoked in accordance with the provisions of Regulation 10,

(b) goes into liquidation, examination or receivership, as appropriate,

(c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,

the contingency reserve provided for in Regulation 6, shall not be used by any person or persons, including the liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer, supplier or, as appropriate, authorised waste collector concerned as laid down in these Regulations.

Review of approval

8. (1) Subject to paragraph (2), where it appears to the Minister that,

(a) new targets are set for the separate collection of in-scope bottles or in-scope containers,

(b) it is necessary to ensure equitable distribution of producer, distributor or retailer responsibility obligations, or

(c) a review of an approval granted in accordance with the provisions of Regulation 7 is required because the Minister is of the opinion that there is a risk of a failure to comply with the approval, the Minister may seek submissions and proposals from the approved body to meet the new circumstances.

(2) Where the Minister proposes, separate to a review under Regulation 7(3), to review an approval granted in accordance with the provisions of Regulation 7 the Minister shall:

(a) give notice in writing to the approved body of the proposal and the reasons therefore,

(b) specify a period of not less than 3 months within which the approved body may make a submission to the Minister in relation to a review or make new proposals as the case may be, and

(c) consider any submissions, or proposals so made.

(3) Following the consideration of any submissions or proposals made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.

(4) The issue of a revised approval by the Minister on the basis of new proposals made by the approved body shall oblige the approved body to implement the new proposals upon which the Minister has confirmed the approval.

Expiry of approval

9. Where an approval granted in accordance with the provisions of Regulation 7 or a revised approval granted in accordance with Regulation 8 is due to expire, the approved body concerned shall:

(a) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body, or

(b) not later than 12 months before the expiry of the approval, if intending to continue to operate a Deposit Return Scheme, make an application to the Minister under Regulation 6.

Revocation of approval

10. (1) Subject to paragraph 2, where it appears to the Minister that an approved body is not –

(a) complying with the terms of the approval,

(b) complying with conditions attached to such approval, or

(c) meeting the relevant targets for separate collection or recycling,

the Minister may revoke an approval under Regulation 7 or revised approval under Regulation 8.

(2) (a) Where the Minister proposes to revoke an approval or a revised approval, the Minister shall –

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

(ii) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and

(iii) consider any submission so made.

(b) Following his or her consideration of a submission made by the approved body, the Minister may decide –

(i) to seek proposals from the approved body for the purpose of issuing a revised approval in accordance with Regulation 8, or

(ii) revoke the approval or revised approval.

Use of logo adopted by an approved body

11. No person shall, other 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.

Information to the Agency and Local Authority

12. The Minister may oblige an approved body to provide the Agency or a relevant local authority with any data necessary, in such form and frequency as may be agreed with the Agency or relevant local authority, in relation to activities carried out by producers, retailers, return point operators or distributors registered with the approved body, to enable the Agency or local authority to fulfil its obligations under these Regulations or the Directive.

PART IV

OBLIGATIONS OF PRODUCERS

13. (1) A producer shall not place in-scope products on the market unless he or she is a member of an approved body.

(2) A producer who is established in another Member State or a country outside the European Union shall appoint an authorised representative to fulfil the obligations of that producer pursuant to these Regulations.

(3) A producer will pay the deposit to an approved body for the in-scope products they place on the market at the point when they place them on the market.

(4) A producer shall charge a deposit on all in-scope products he or she places on the market in the State.

(5) A producer shall ensure the deposit is itemised as a separate line item on any invoice, receipt, credit note, dispatch and delivery docket containing the price of an in-scope product.

(6) A producer shall –

(a) register with an approved body,

(b) provide details to the approved body with whom they have registered of all in-scope products they place on the market,

(c) pay any registration and producer fee as required by the approved body,

(d) furnish information in connection with their participation in the Deposit Return Scheme, in such form and at such frequency as may be specified by the approved body with whom they are registered,

(e) label an in-scope product as prescribed by an approved body.

(7) A producer shall be deemed to have met the requirements of Regulation 8(1)(a) of the European Union (Single Use Plastics) (No.2) Regulations ( S.I. No 516 of 2021 ) and Regulations 5 to 16 of the European Union (Packaging) Regulations ( S.I. No 282 of 2014 ) in respect of in-scope products if he or she is a member of an approved body pursuant to these Regulations.

PART V

OBLIGATIONS OF RETAILERS

14. (1) Where a deposit under these Regulations is applicable, a retailer shall –

(a) ensure the in-scope product complies with the requirements of these Regulations and is labelled in the manner prescribed by the approved body,

(b) charge the deposit on the in-scope product to the customer, and

(c) ensure the deposit is itemised as a separate line item on any invoice, receipt, credit note, dispatch and delivery docket containing the price of an in-scope product.

(2) A retailer shall –

(a) register with an approved body,

(b) display in a manner that is visible to all customers the certificate of registration with the approved body,

(c) display in a manner that is visible to all customers the certificate of exemption issued by the approved body,

(d) furnish information, in such form and at such frequency as specified by the approved body,

(e) ensure that the facility for taking back in-scope bottles or in-scope containers or both on their premises is visible and easily accessible to persons who may wish to return in-scope bottles or in-scope containers,

(f) take back every in-scope bottle and in-scope container returned to it by a consumer in a manner agreed between the retailer and the approved body,

(g) provide storage for the in-scope bottles and in-scope containers or both taken back in a manner agreed with the approved body,

(h) display, in a manner agreed with the approved body, the location of the closest return point that accepts the return by customers of in-scope bottles and in-scope containers where an exemption in accordance with Regulation 17(2) has been agreed with the approved body, and

(i) return to an approved body, in a manner agreed with said body, all returned in-scope bottles and in-scope containers.

(3) (a) A retailer shall immediately reimburse the value of the original deposit paid, in a manner prescribed by the approved body, to a consumer who presents an in-scope bottle or in-scope container for return, irrespective of where the in-scope product was purchased, and the deposit first paid.

(b) A retailer shall not be required to take back –

(i) an in-scope bottle or in-scope container that is damaged,

(ii) an in-scope bottle or in-scope container that is not empty,

(iii) an in-scope bottle or in-scope container that does not have marking that indicates a deposit was payable on the purchase of the in-scope product to which it relates.

PART VI

OBLIGATIONS OF RETURN POINT OPERATORS

15. (1) A return point operator shall –

(a) register with an approved body,

(b) display in a manner that is visible to all customers the certificate of registration with the approved body,

(c) furnish information, in such form and at such frequency as specified by the approved body,

(d) take back every in-scope bottle and in-scope container returned to it by a consumer in the manner agreed between the return point and the approved body,

(e) ensure that the facility for taking back in-scope bottles or in-scope containers is visible and easily accessible to persons who may wish to return in-scope bottles or in-scope containers,

(f) provide storage for the returned in-scope bottles and in-scope containers in a manner agreed with the approved body, and

(g) return to an approved body, in a manner agreed with said body, all returned in-scope bottles and in-scope containers.

(2) (a) A return point operator shall immediately reimburse the value of the original deposit paid, in a manner prescribed by the approved body, to a consumer who presents an in-scope bottle or in-scope container, irrespective of where the in-scope product was purchased.

(b) A return point shall not be required to take back –

(i) an in-scope bottle or in-scope container that is damaged,

(ii) an in-scope bottle or in-scope container that is not empty,

(iii) an in-scope bottle or in-scope container that does not have marking that indicates a deposit was payable on the purchase of the in-scope product to which it relates.

PART VII

OBLIGATIONS OF DISTRIBUTORS

16. A distributor shall –

(a) register with an approved body,

(b) furnish information in connection with their participation in the Deposit Return Scheme, in such form and frequency as may be specified by the approved body with whom they are registered,

(c) ensure all in-scope products distributed comply with the requirements of these Regulations and are labelled in the manner prescribed by the approved body,

(d) charge a deposit on all in-scope products he or she distributes on the market in the State, and

(e) ensure the deposit is itemised as a separate line item on any invoice, receipt, credit note, dispatch and delivery docket containing the price of an in-scope product.

PART VIII

EXEMPTIONS FROM PART V OBLIGATIONS

17. (1) Where an in-scope product is purchased and intended to be consumed on the premises, a retailer shall be exempted from the obligation to charge a deposit under Regulation 14(1)(b).

(2) A retailer may, subject to agreement with the approved body, be exempted from the obligation to take-back in-scope products under Regulation 14(2) paragraphs (e), (f) and (g) in the case of –

(a) a retailer with a store size of less than or equal to 250m² in respect of that store,

(b) a hotel, restaurant or public house or similar premises used for the sale to members of the public of food or drink for consumption on the premises,

(c) where an in-scope product is purchased through online sales,

(d) where an in-scope product is purchased through a vending machine.

PART IX

THE DEPOSIT

18. (1) The deposit shall be as set out in Schedule 1.

(2) The deposit shall be itemised as a separate line item on any invoice, receipt, credit note, dispatch and delivery docket containing the price of in-scope products.

(3) The Minister may set, and adjust, the deposit amount or amounts after consultation with an approved body, where it appears that –

(a) the cost is insufficient to incentivise consumers to return in-scope bottles and in-scope containers to the scheme, or

(b) the revenues returned to the approved body from the scheme are exceeding or are insufficient to cover operational costs,

once and only once in each financial year beginning with the financial year following the financial year in which this Regulation comes into operation.

(4) The refundable nature of the deposit shall be made clear to the consumer in all material promoting the scheme and all points of sale.

PART X

ENFORCEMENT

19. (1) Each local authority shall be responsible for the enforcement of the provisions of these Regulations within their functional areas and shall appoint authorised persons to take such steps as are necessary for this purpose.

(2) An authorised person may exercise the powers conferred on such a person under section 14 of the Act of 1996 for the purposes of enforcing Regulations 13(1), 13(2), 13(3), 13(4), 13(5)(a), 13(5)(b), 13(5)(c), 13(5)(e), 14(1)(a), 14(1)(b), 14(2)(a), 14(2)(b), 14(2)(c), 14(2)(d), 14(2)(f), 14(2)(g), 14(2)(h), 14(2)(i), 14(2)(j), 14(3)(a), 15(1)(a), 15(1)(b), 15(1)(d), 15(1)(e), 15(1)(f), 15(1)(g), 15(2)(a), 16(a), 16(c) and 16(d) of these Regulations and, accordingly, a reference in that Act includes a reference to these Regulations.

PART XI

MISCELLANEOUS

Offences

20. (1) Any person who contravenes or fails to comply with a provision or provisions of Regulation 13, 14, 15 or 16 shall be guilty of an offence.

(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Prosecutions and Penalties

21. A prosecution for an offence determined in accordance with Regulation 19 will be subject to the penalties in section 10 of the Act of 1996 and prosecuted in accordance with section 11, 12 and 13 of the Act of 1996.

Transition Period

22. (1) Producers may place on the market in-scope products which comply with the requirements of these Regulations from 1 January 2024 in preparation for 1 February 2024.

(2) During the period between 1 February 2024 and 15 March 2024 producers shall be allowed to place on the market in-scope products which do not comply with the requirements these Regulations. From 16 March 2024 only in-scope products which comply with the requirements of these Regulations may be placed on the market.

(3) Retailers may sell in-scope products which do not comply with the requirements of these Regulations until 31 May 2024. From 1 June 2024 only in-scope products which comply with the requirements of these Regulations may be sold by retailers.

Non-application of Section 39(1) of the Act of 1996

23. Section 39(1) of the Act of 1996 shall not apply to the collection and storage of waste deposit return scheme products returned by consumers pending collection by, or on behalf of an approved body in accordance with Regulations 14(2)(f), 14(2)(g), 15(1)(d) and 15(1)(f) of these Regulations.

Amendment of Part II of the Third Schedule of the Regulations of 2007

24. Part II (amended by Regulation 3 of the Regulations of 2008) of the Third Schedule to the Regulations of 2007 is amended by the deletion of the following class after the entry for CLASS No. 15:

“16. The collection and storage of waste deposit return scheme products returned by consumers pending collection by, or on behalf of, an approved body in accordance with Regulation 14(2)(f), 14(2)(g), 15(1)(d) and 15(1)(f) of the Regulations of 2021.”

Revocation

25. (1) The Separate Collection (Deposit Return Scheme) Regulations 2021 ( S.I. No. 599 of 2021 ) are hereby revoked.

(2) A reference in any other enactment to the Separate Collection (Deposit Return Scheme) Regulations 2021 ( S.I. No. 599 of 2021 ) shall be construed as a reference to these Regulations.

(3) An approved body granted an approval under S.I. No. 599 of 2021 which remains in effect immediately before the date on which these Regulations came into operation shall continue as an approved body as if granted an approval pursuant to these Regulations.

First Schedule

Deposit to be charged in accordance with Regulation 17 of these Regulations

Deposit for an item mentioned in column (2) of the Schedule at any reference number opposite is fixed at the amount mentioned in column (3) of that Schedule at that reference number

GIVEN under my Official Seal,

31 January, 2024.

EAMON RYAN,

Minister for the Environment, Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations enable the establishment of a Deposit Return Scheme in Ireland. They are intended, in particular, to achieve the separate collection targets for PET plastic bottles contained in Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment and the recycling targets for aluminium established in Directive (EU) 2018/852 of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste, with a view to promoting the recovery and recycling of packaging waste.

In summary, they introduce the following:

• A requirement on producers of in-scope products to establish a Deposit Return Scheme or to appoint a body to operate it on their behalf.

• The Deposit Return Scheme will apply to beverage bottles manufactured from PET with a capacity between 150mls and 3 litres and beverage containers manufactured from aluminium or steel with a capacity between 150mls and 3 litres.

• An application and approval process for the appointment of an approved body to operate the scheme and the functions to be carried out by such an approved body and the transitional arrangements that apply to an approved granted an approval under S.I. No. 599 of 2021 .

• Obligations on producers and distributors to comply with these Regulations.

• Obligations on retailers and return points to comply with these Regulations.

• Provisions relating to the deposit to be paid.

The Regulations also set out transitional arrangements, which apply from 1 January 2024 to 16 March 2024 for producers (and distributors registered as producers) placing or supplying in-scope products on the Irish market and from 1 February 2024 to 31 May 2024 for retailers (and distributors registered as retailers) selling in-scope products to consumers.

Enforcement provisions and reporting requirements are also contained in the Regulations.

1 OJ No L155, 12.6.2019, p.1

2 OJ No. L155, 12.6.2019, p.1

2 OJ No. L155, 12.6.2019, p.1