Appendix VI
Contents
DEPOSIT
It is important that the Regulations contain a clear and transparent basis for the fixing of the deposit. In particular, it should be provided that the Minister should fix the deposit having regard to submission of the Approved Body and submissions from relevant stakeholders to which the Minister must have regard. In fixing the level of the deposit the Regulations should also expressly provide that the Minister should have regard to the overall purpose of the Regulations, the provision of EU law to which it gives effect and the need to encourage consumers to return PET /aluminium cans to retail outlets for recycling and in particular the requirement to meet the prescribed recycling targets.
The Regulations should empower the Minister to vary the deposit as well as the producer fee but only in specified circumstances namely. (a) where the prescribed targets are not met (b) it is apparent that level of deposit is insufficient to incentivise consumers to return items to the Scheme and (c) where it is established that the revenues returned to the Scheme are exceeding or are insufficient to cover operational costs. In any case the Regulations should require the Minister to consult with the EPA to ascertain its views prior to varying the Deposit.