292 Mr. Spring asked the Minister for the Environment and Local Government when measures will be put in place to stop cross-Border smuggling in relation to SI 605 of 2001. [4352/02]

318 Mr. Browne (Carlow-Kilkenny) asked the Minister for the Environment and Local Government if he will make wholesalers responsible for the payment of the 15% levy per plastic bag rather than burdening retailers with an account system where they have no less than six categories to cover. [4782/02]

I propose to take Questions Nos. 292 and 318 together.

The Waste Management (Environmental Levy) (Plastic Bag) Regulations, 2001, designate the Revenue Commissioners as the responsible authority for enforcing the collection of the 15 cent levy on plastic shopping bags which is due to take effect from 4 March 2002. In addition, the regulations impose a supplementary requirement on retailers to pass on the full amount of the levy to customers, and this regulatory provision will be enforced by local authorities. The relevant enforcement officers will have extensive powers to enter any retail premises, to conduct any searches or investigations considered necessary, and to inspect or remove any records, books and documents for the purposes of any proceedings in relation to the levy.

I am satisfied that the Revenue Commissioners and the local authorities will have the necessary powers – equivalent to those available in respect of the implementation and enforcement of relevant taxation and other waste management measures – to ensure that the levy can be successfully applied and that any efforts to evade liability can be detected.

In drawing up the regulations, my Department and the Revenue Commissioners gave careful consideration to the most effective way of collecting the levy while at the same time minimising the opportunity for evasion. My Department was also conscious of the need to ensure that the levy was passed directly on to customers in order to effect the change in consumer behaviour for which the levy was designed. It was considered that the optimum way to achieve these objectives was to impose the obligation to pay the levy on retailers. There are no plans to change this arrangement.