Clarification
Contents
Reference to ‘waste material’
The proposed regulations refer to ‘waste material’ several times. We believe that the term ‘waste’ should be removed and drinks containers should be referred to as
‘containers’ or ‘material’. Society must move away from considering items ‘waste’ that should be disposed. Under the circular economy, we need to reorient ourselves
towards a more regenerative economy where we view materials that have reached the end of their first life to be resources for another purpose, whether it is repaired, reused, repurposed or recycled.
Once an item is considered ‘waste’, then waste protocols, including waste licensing, are implemented. A DRS collects bottles and cans to be recycled and we must look at creative ways to collect such material to take advantage of existing infrastructure and logistics.
In Norway, if a shop needs a container collection, they put out a call and if there is an empty truck nearby, it can collect the material and drop to the sorting facility on a reverse logistics run. This way we can reduce the emissions associated with collections and reduce the number of collection vehicles on the road. For example, in Ireland, An Post trucks often return empty after their mail deliveries and could become a collection partner. If such material is considered waste, they would have to register as waste collectors.
We propose to remove mention of ‘waste’ in the regulations.
Deposit
We support a variable deposit applied according to volume of drink to avoid market disruption. The proposed 20 cent deposit on 500ml plastic bottles and 330 ml aluminium/metal can or 500 ml aluminium bottle should be the same for both as they reach similar market demographics and are considered single portions.
We support approximately a 40 cent deposit for 1 litre bottles and 80 cent deposit for 2+ litre bottles (equal to the volume of drink). A flat rate for all drinks containers would encourage the consumer to buy 4 2-litre plastic bottles for a deposit of 80 cents rather than 24 cans (the equivalent volumetric amount) of the same drink for a deposit of €4.80. While consumers will be reimbursed their deposit when the containers are returned and they will not be out of pocket. The initial outlay differential will make large plastic bottles more economically attractive when the purchasing decision is made.
Under the proposed regulation, the deposit is set by the Minister, after considering recommendations from the system operator. We propose that this consultation should be open to all stakeholders to make recommendations.
Additionally, the unredeemed deposits should only pay a portion of the system development and operations. The amount of the deposit should only be enough to induce consumers to return their containers, not alleviate the responsibility of the producers to pay for the management of the packaging they place on the market. Under the producer pays principle, the producer is liable for the cost of recycling and properly disposing of the waste products after their period of use is complete.
Enforcement
The enforcement provisions in the draft regulations are vague and do not specify the duties of the local authorities or the EPA, or how they will work together to enforce the provisions of this regulation.
This legislation must clearly outline how the two enforcement entities will work together, and the penalties for non-compliance with this regulation, whether it is a producer or retailer not participating, the system operator for not meeting its obligations or individuals/organisations trying to defraud the system. Enforcement authorities must maintain a competitive planning field and make public any performance data.
Avoidance of Fraud
Because of our shared border with Northern Ireland, there is an opportunity for fraud for individuals or criminal enterprises to take advantage of the open border and bring drinks containers without a deposit from the North and seek a payment of the deposit in the Republic.
This would be more widely conducted in shops that offer manual takeback of containers. The regulations should set out daily limits to the number of containers that may be redeemed. In the State of Oregon’s DRS statute, it limits the number of containers that may be returned. Participating shops:
- ‘may not refuse to accept and to pay the refund value of up to 350 individual empty beverage containers, as established by ORS 459A.705, returned by any one person during one day
- Must provide hand counting of up to 50 individual empty beverage containers returned by any one person during one day for the refund value established.’ 3
Regulations should set out limits to the number of containers that may be redeemed in a RVM (around 100) or may be redeemed manually (around 25).