One World... Think naturally - July 29, 2006

Eco-contribution exemption/refund mechanism - types of schemes

The term scheme is attributed with different meanings in various waste management (and eco contribution) regulations. In the context of the Eco Contribution Act, a scheme is taken as an organised and regulated framework that demonstrates that a particular waste producer is managing to recover back the end-of-life products which he or she normally places on the market. The term scheme is also used in the waste management legislation which transposes what are called the producer responsibility directives:

¤ Waste Management (Packaging and Packaging Waste) Regulations, 2004 (L.N. 98 of 2004), which transposes Directive 94/62/EC;

¤ Waste Management (End-of-Life Vehicles) Regulations, 2004, (L.N. 99 of 2004), which transposes Directive 2000/53/EC;

¤ Draft Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2004, (G.N. 1102 of 2004), which transposes Directive 2002/96/EC.

The schemes mentioned in the three regulations above, although quite similar in nature to the schemes referred to in the Eco Contribution Act, have minor differences, mainly due to the fact that they are primarily designed to ensure compliance with the respective regulation where they are mentioned. In fact, most often these schemes are referred to as compliance schemes.

The regulation and operation of such compliance schemes is normally considered to be more complex than the schemes envisaged for the scope of the Eco Contribution Act.