VOICE Deposit Return Scheme Consultation Submission

Appendix II

PRODUCERS RESPONSIBILITY

Overview

It is imperative that the Regulations clearly prescribe the obligations imposed on a Producer and impose appropriate sanctions in the event these obligations are not discharged.

The core obligation imposed on Producers must obviously be the requirement to establish and maintain a deposit and return scheme (‘the Scheme’) which must specified recycling targets which are clearly prescribed by the Regulations.

More specifically the Regulations must impose collection and recycling performance targets on an annualised basis up until 2029. VOICE suggest the following recycling targets which we submit should be included in the Regulations whether by way of Schedule or otherwise:

The Regulations should stipulate the consequences in the event the prescribed targets are not met. If the targets are not met the Minister should be obliged to (a) review the level of the Deposit fixed (b) review the approval of the Approved Body (c) take such steps as are required including but not limited to increasing the level of the Deposit and/or increasing membership fees of the Approved Body to ensure the prescribed targets are met forthwith.

Should collection rates for glass fall below 78% for two years in a row or three times in five years, the regulations will have an automatic trigger for the inclusion of glass containers in the DRS.

Definition of Producer

The Regulations must clearly define a ‘producer’. The definition must be such as it encompasses not just those who directly manufacture PET drinks bottles and Aluminium drinks cans, but also those who import, or distribute such products into or within the State. We suggest it is defined as a person who, for the purpose of trade or otherwise in the course of business, manufactures, sells, distributes or otherwise supplies to other persons PET and/or Aluminium Cans.

Obligation on Producer to Register with the Approved Body

The Regulations must impose a clear obligation on all Producers to register with the Approved Body within a specified time-period. We submit the Regulations should require a Producer to register with the Approved Body the within 20 working days of the commencement of these Regulations or the commencement of business, whichever is the later. Thereafter, Registration should be on an annual basis. Failure to register within the prescribed time period should be an offence.

Registration should be in writing and the Regulations should prescribe the details to be furnished by a Producer. Each Producer should be allocated a unique registration number by the Approved Body and display that registration number issued to him or her on any invoice, receipt, credit note, dispatch and delivery docket issued to a customer by him or her. The Approved Body should issue a certificate of registration bearing a unique registration number to the producer upon registration.

The Regulations should also provide that any person who is not in possession of a valid Certificate of Registration in accordance with the provisions of the Regulations shall be prohibited from displaying any registration number issued by the registration body on any invoice, credit note, dispatch and delivery docket, website or at any place.

The Regulations should provide that a producer may only de-register by informing the Approved Body in writing or electronically that it has ceased to be a Producer.

Prohibition on Producer placing PET and/or Aluminium Cans on the Market

The Regulations must impose an absolute prohibition on a Producer placing PET and/or Aluminium Cans on the market within the State unless registered with the Approved Body. The Regulation must contain an appropriate criminal sanction for breach of this provision.

Obligation on Producer to provide information to the Approved Body

The Regulations should impose a clear obligation upon Producers to provide information in a prescribed format to the Approved Body relating to the amount of PET and/or Aluminium Cans they place on the market.

The information and the format should be prescribed in the Regulation or a Schedule thereto. It should be furnished prior to a day in each month to be prescribed by the Approved Body.

The Regulations should also impose an obligation on each Producer to retain, for a period of 7 years after the end of a reporting period prescribed by the Approved Body, such records as are necessary to verify the accuracy of the information compiled by it in accordance with Regulations.