Appendix IV
Contents
FUNCTIONS AND POWERS OF THE APPROVED BODY (SYSTEM OPERATOR)
As outlined in the draft regulations, we agree that they must clearly prescribe the functions and powers of the Approved Body. In particular, they must require that the Approved Body operate on a nationwide basis and on a not-for-profit basis. The Approved Body must be conferred with all necessary powers to ensure it can effectively discharge its functions under Regulations. This should include the imposition of a membership fee as determined by the Minister and the power to issue certificates of registration.
The Regulations must impose an obligation on the Approved Body to ensure material collected from deposit locations is maintained separately from all other materials. The Approved Body must also be obliged to ensure that PET bottles are recycled to a standard that achieves food grade quality. This should be a condition of its approval. A general obligation should be imposed on the Approved Body to ensure that PET bottles / aluminium cans are recycled in a manner which ensures the environmentally sound management PET / aluminium cans of on behalf of its members.
Whilst the Approved Body should be conferred with the power to make a submission to the Minister on the appropriate level of deposit payable the Regulations should make clear the Minister is not obliged to accept this submission and shall be solely responsible for the fixing of the deposit payable.
The Regulations must make provision for the use by the Approved Body of a logo. They must also provide that no person can, otherwise than with the written consent of the 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 the Approved Body for use by Producers or retailers certified by that Approved Body for the purposes of the Regulations.
The Regulations must impose an obligation on the Approved Body to actively market and promote the Scheme to retailers and the general public though an annual information programme which must be approved by the Minister. The Approved Body must be required allocate on annual basis a sum equivalent to 1% of its turnover to this annual information programme. The Minister has the authority to reduce this amount once the collection rate of 90% has been achieved for both PET and Aluminium drinks containers.
The Regulations must also require that the Approved Body furnish such information, in such form and at such frequency and in such format as may be specified by a local authority, the EPA, the Minister or the Central Statistics Office, in relation to activities carried out by producers registered with that body, for the purposes of complying with the Regulations.
More specifically the Regulations must impose an obligation on the Approved Body to furnish the Minister and the EPA with an Annual Report in a written and prescribed format providing specified information for the preceding year including but not limited to the following:
- Details on a countywide basis of the of number of collection points in operation;
- Details on a countywide basis of the number of Reverse Vending Machines (RVMs) in operation;
- Details on a countywide & national basis the amount of PET / aluminium cans collected by the Approved Body;
- Details on a countywide & national basis of Aggregate sales;
- Details on a national basis identifying the end-destination of PET / aluminium cans collected via the scheme and ultimate use;
- Details of the foregoing information in a manner which enables collection trends to be determined and analysed at a county-wide, regional and national level.
- Details of the annual information programme
The Regulations should require that the Annual Report be published on the Approved Body’s and EPA website and fully accessible to the public.Three years after the establishment of the DRS, the Approved Body shall commission a review of the drinks marketplace to examine the potential impact of the DRS on shifting container material from PET/Aluminium to other materials currently not in the Scheme. Once the findings are completed, the Minister has the authority to add other materials to the Scheme.By 2024, the Approved Body commits to explore, develop and trial reuse systems using existing materials covered under this regulation or other materials used for drinks containers with the intention of rolling out a reuse system across the country upon the pilot’s successful completion.