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Strong focus on materials in Circular Economy Bill

Mar 31, 2022

There was a strong focus on the reuse of materials and the elimination of waste in the Circular Economy, Waste Management (Amendment) and Minerals Development (Amendment) Bill 2022  which received Cabinet approval this week.

The Bill places on a statutory footing the National Food Loss Prevention Roadmap and the Whole of Government Circular Economy Strategy which provides a national policy framework for Ireland’s transition to a circular economy.  It intends to underpin Ireland’s economic shift from a linear ‘take-make-waste’ model to a more sustainable, ‘circular’ pattern of production and consumption (more on the definitions of Circular Economy are available here).

Commenting on the publication of Bill, Minister of State with responsibility for Communications and Circular Economy, Ossian Smyth TD, said:

"This bill aims to stop the wasteful pattern of using valuable resources once and then just binning them. From discouraging the use of single-use items, to improving the process for allowing recycled materials onto the market, this legislation will support the development of sustainable products and business models across the economy."

Key features of the Bill are described below.

Tackling existing waste

Businesses can expect the introduction of a mandatory segregating and an incentivised charging regime for commercial waste. It is currently possible for commercial premises to dispose of their waste through a single, unsegregated, bin. Commercial premises will now be forced to segregate waste, similar to what exists for the household market. The recycling bins will have lower charges than general waste bins.

The Bill provides powers for the Minister to impose a levy for incineration or burial of materials that could, in some cases, be re-used or recycled. Based on the model of the existing landfill levy, this levy would be on waste recovery that takes place in Ireland, and also on waste exports from Ireland for recovery elsewhere in the EU and outside of the EU. Details of the levy, including the rate, will be set out in regulation after the Bill is passed and will be subject to public consultation.

Tackling illegal dumping and littering – so-called ‘fly-tipping – is a key feature of the Bill, which provides for the GDPR-compliant use of a range of technologies, such as CCTV, for waste-enforcement purposes.

Reducing future waste

The Bill aims to make Ireland the first country in the world to eliminate the use of disposable coffee cups, by incentivising the use of reusable and recyclable alternatives and phasing out a range of wasteful single-use disposable packaging over time. Customer can expect a ban on the use of disposable coffee cups for sit-in cafés and restaurants over the coming months. This will be followed by the introduction of a charge on disposable takeaway cups, which will operate in the same way as the existing Plastic Bag Levy.

The Bill will help streamline the national processes for decision-making in applications to the Environmental Protection Agency (EPA) on ‘End-of-Waste’ and ‘By-Product’ applications to recycle or reuse in other applications materials which might otherwise be treated as waste. This streamlining is to avoid delays which can be encountered by industry (for example, in the construction sector), and support the availability of recycled secondary raw materials in the Irish market.

The Bill also provides for the redesignation of the existing Environment Fund as a Circular Economy Fund, which will remain ring-fenced to provide support for environmental and circular economy projects and introduces prohibitions on exploration for and extraction of coal, lignite and oil shale.

 

Background

The EU is pursuing its ‘European Green Deal’, a set of policy initiatives by the European Commission with the overarching aim of making the European Union climate neutral in 2050. The circular economy is at the heart of this strategy and the EU’s industrial strategy. The transition to a circular economy will reduce pressure on natural resources and will create sustainable growth and jobs, as well as contributing to the development of a sustainable, low carbon, resource-efficient and competitive economy.

In March 2020, the EU launched its new Circular Economy Action Plan (CEAP). This action plan announced initiatives along the entire life cycle of products, targeting how products are designed, promoting circular economy processes, encouraging sustainable consumption, and aiming to ensure that waste is prevented and the resources used are kept in the EU economy for as long as possible.

At the national level, Ireland published its first Whole-of-Government Circular Economy Strategy in December 2021 to ensure policy coherence across the public sector and to outline the Government’s overall approach to the circular economy for stakeholders and the public.

 

Resources from Chartered Accountants Ireland

You can find more information on the Circular Economy, as well as examples of Irish businesses operating in the circular economy, in the Chartered Accountants Ireland Sustainability Hub.

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