S.L. 549.43 Art. 10AReuse.

(1) In line with the waste hierarchy laid down in regulation 4A of the Waste Regulations, the Minister, in consultation with the competent authority and the Agency, shall take measures to encourage the increase in the share of reusable packaging placed on the market and of systems to reuse packaging in an environmentally sound manner, without compromising food hygiene or the safety of consumers. Such measures may include, inter alia:

(a) the use of deposit-return schemes;

(b) the setting of qualitative or quantitative targets;

(c) the use of economic incentives;

(d) the setting up of a minimum percentage of reusable packaging placed on the market every year for each packaging stream.

(2) The Minister may decide that an adjusted level of the targets referred to in sections 2 and 3 of Schedule 3 is to be attained for a given year, by taking into account the average share, in the preceding three (3) years, of reusable sales packaging placed on the market for the first time and reused as part of a system to reuse packaging:

Provided that the competent authority may decide that producers who opt to self-comply for refillable gas cylinders, attain an adjusted level of the targets referred to in sections 2 and 3 of Schedule 3 for a given year by taking into account the average share, in the preceding three (3) years, of such reusable sales packaging placed on the market for the first time and reused as part of a system to reuse packaging.

(3) The adjusted level referred to in sub-regulation (2) shall be calculated by subtracting:

(a) from the targets laid down in paragraph (a) of section 2 and paragraph (a) of section 3 of Schedule 3, the share of the reusable sales packaging referred to in sub-regulation (2) in all sales packaging placed on the market; and

(b) from the targets laid down in paragraph (b) of section 2 and paragraph (b) of section 3 of Schedule 3, the share of the reusable sales packaging referred to in sub-regulation (2), composed of the respective packaging material, in all sales packaging composed of that material placed on the market: Provided that no more than five percentage points of such share shall be taken into account for the calculation of the respective adjusted target level.

(4) The amounts of wooden packaging that is repaired for reuse may be taken into account in the calculation for the attainment of the targets laid down in paragraphs (a) and (b)(ii) of section 2 and (a) and (b)(ii) of section 3 of Schedule 3.

(5) The rules for calculation laid down in Commission Decision 2005/270 (EC) establishing the formats relating to the database system pursuant to Directive 94/62/EC of the European Parliament and of the Council on Packaging and Packaging Waste as amended shall apply for sub-regulations (2), (3) and (4).