Waste Management (Farm Plastics) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 341/2001
• Year: 2001

The Minister for the Environment and Local Government, in exercise of the powers conferred on him 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
	Citation and commencement.	1. (1) These Regulations may be cited as the Waste Management (Farm Plastics) Regulations, 2001.
(2) These Regulations shall come into operation on 23rd July 2001
	Interpretation.	2. (1) In these Regulations, any reference to a Schedule, Part 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 (No. 10 of 1996),
“approved body” means a body corporate or association approved by the Minister in accordance with article 20.
“the Companies Acts” means the Companies Acts, 1963 to 2001
“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) take 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”;
“the Regulations of 1997” mean the Waste Management (Farm Plastics) Regulations, 1997 ( S.I. No. 315 of 1997 );
“relevant period” means the preceding calendar year or, in the case of a first application for renewal of registration under articles 9 and 16, or a first report under article 11(2), the period since the initial application for registration was made by the producer or supplier as appropriate;
“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 as a wholesaler, retailer, trader or contractor 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 person who, for the purpose of trade or otherwise in the course of business, imports or manufactures farm plastics for supply to suppliers or other persons.
PART II PRODUCER RESPONSIBILITY OBLIGATIONS
	Deposit and refund scheme.	3. Subject to article 18, 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 prior to 1st January 2002 and €254 thereafter 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.
(g) a producer shall submit to each local authority in whose functional area he has supplied farm plastics for sale, not later than 30th June in each calendar year, a certificate from an independent auditor, being a person empowered to audit accounts in accordance with the Companies Acts, in relation to the operation of a deposit and refund scheme by that producer in respect of the preceding financial year,
(h) a producer shall maintain a separate account in a financial institution registered with the Central Bank of Ireland or with the Registrar of Friendly Societies, in respect of the operation of a deposit and refund scheme by that producer.
	Waste collection obligations.	4. (1) Subject to article 18, 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-article (1), 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
	Provision of information to purchasers.	5. Subject to article 18, 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 -
(a) the arrangements operated by the producer for the collection after use of farm plastic supplied by that producer, and
(b) that the producer is obliged-
(i) 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
(ii) 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.
	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.
	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.
	Registration and certification of producers.	8. (1) Subject to article 18, a producer shall -
(a) apply for registration to each local authority in whose functional area the producer supplies or intends to supply farm plastics for sale, not later than 20th August 2001 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 31st 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 producer who makes an application under sub-article (1) of this Article to a local authority shall be registered by that authority provided that the requirements of article 9 are complied with
(3) A producer shall not be deemed to be registered until a Certificate of Registration has issued by the local authority to which an application for registration was submitted.
	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...