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Dáil

Written answer

Departmental Correspondence

133. Deputy Michael Cahill asked the Minister for Climate, Energy and the Environment to address concerns raised in correspondence (details supplied); and if he will make a statement on the matter. [61132/26]

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143. Deputy Michael Cahill asked the Minister for Climate, Energy and the Environment to address the concerns raised (details supplied) that directly affects Irish Micro-Business; to give consideration to the four main points raised; and if he will make a statement on the matter. [60708/26]

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163. Deputy Seán Kyne asked the Minister for Climate, Energy and the Environment whether he is aware of the growing administrative burden created by packaging Extended Producer Responsibility rules and the EU Packaging and Packaging Waste Regulation; whether there is a need for proportionate reporting requirements based on the actual quantity of packaging placed on the market; whether he agrees there is a need for measures to prevent authorised representative and administrative costs becoming disproportionate to the environmental liability involved; and if he will make a statement on the matter. [62037/26]

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164. Deputy Seán Kyne asked the Minister for Climate, Energy and the Environment whether his attention has been drawn to the growing administrative burden created by packaging Extended Producer Responsibility rules and the EU Packaging and Packaging Waste Regulation; whether he agrees that a meaningful exemption or simplified regime for micro and small businesses placing very small quantities of packaging on other EU markets would be beneficial; whether he agrees that an EU-wide registration or "one-stop shop" rather than separate national registrations is desirable; and if he will make a statement on the matter. [62036/26]

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217. Deputy Louis O'Hara asked the Minister for Climate, Energy and the Environment the actions his Department is undertaking to assist in reducing the administrative load on small businesses having to engage with or register for packaging schemes in other EU countries prompted by the recent EU Packaging and Packaging Waste Regulation (PPWR) (details supplied); and if he will make a statement on the matter. [63325/26]

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Alan Dillon Minister of State at the Department of Climate, Energy and the Environment Fine Gael

I propose to take Questions Nos. 133, 143, 163, 164 and 217 together.

Packaging waste is a significant environmental challenge across the European Union, and the volume of packaging waste generated continues to grow. The Packaging and Packaging Waste Regulation (PPWR) forms part of the EU's response to these challenges by strengthening requirements relating to packaging reduction, reuse, recyclability and producer responsibility.

The intention of the new EU Regulation is to replace divergent national packaging rules with a single more harmonised framework. This was intended to reduce legal uncertainty, lower administrative burdens, provide greater certainty for investment and create a more level playing field within the Single Market.

While the PPWR applies from 12 August 2026, its provisions will be phased in over the coming years. Ireland’s Extended Producer Responsibility (EPR) scheme for packaging, Repak, is leading the effort to transition enterprise to the new regime. It is also the case that a lot of detail is still to be elaborated in EU secondary legislation, and these negotiations are a key focus for the Department.

I understand that the main issues for micro enterprise and SMEs arise in two areas. The first relates to a new requirement for smaller businesses to join an Extended Producer Responsibility scheme and meet associated obligations.

Prior to the application of the PPWR in August, packaging producers in Ireland were subject to the European Union (Packaging) Regulations 2014 which gave effect to the EU's Packaging and Packaging Waste Directive (PPWD). Under the 2014 regulations, businesses with an annual turnover exceeding €1 million and placing more than 10 tonnes of packaging on the Irish market were classified as ‘major producers’. Irish domestic regulations required these producers to join Repak, the approved Producer Responsibility Organisation (PRO) but many micro and small businesses fell below the threshold. PPWR has made the concept of ‘major producer’ in this sector redundant.

PPWR has replaced national ‘major producer’ thresholds with new requirements that apply to all who meet the new definition of ‘producer’ contained in the EU regulation. In general, producer obligations will fall to the economic operator who places the packaging on the EU market for the first time. These obligations are modulated to varying degrees depending on whether the company is a micro-enterprise or a small business as defined in the EU regulation. Repak offers guidance on determining these matters on their website at www.repak.ie/ppwr.

I am very aware of concerns raised by micro and small businesses regarding the practical implications of these new requirements. Some of the recent difficulties stemmed from an online marketplace requiring traders on their platforms to secure a membership number from Repak to continue trading after 12 August 2026. Repak has dedicated additional resources to service this demand as efficiently as possible. Repak is also engaging directly with online marketplaces on how PPWR compliance can be simplified appropriately for their traders. The Department is also engaging intensively with Repak on how the issues affecting micro and small businesses can be addressed within the strictures of PPWR.

I understand that the second issue for small and micro enterprises relates to the PPWR requirement for exporting businesses to appoint an authorised representative in each Member State where they sell products, and how this is presenting significant administrative and financial challenge for those affected.

In December 2025, as part of its Environmental Omnibus Simplification Package (Omnibus VIII), the European Commission proposed targeted amendments to simplify certain EPR obligations, and this included a suspension of the requirement for producers selling into another Member State to appoint an authorised representative in each Member State.

This suspension would have applied not just to the PPWR but also to existing obligations under the Waste Framework Directive, the Waste Electrical and Electronic Equipment Directive and the Single-Use Plastics Directive, and the Batteries Regulation.

Ireland was supportive of simplifying EPR obligations and reducing unnecessary burdens for producers but also reflected the need to ensure such measures would not undermine successful enforcement, which ensures a level playing field for all producers operating on the market.

The proposal encountered significant opposition from Member States during Council negotiations and work on this element of the package was discontinued, on the understanding that harmonisation of EPR requirements would be advanced in the proposal for an EU Circular Economy Act. That Act is expected to be published by the European Commission during Ireland’s Presidency of the Council of the EU this year.

I look forward to seeing the proposals in the EU Circular Economy Act to address this issue and will seek the views of industry, especially small and micro enterprises at that time.

The availability of clear and consistent guidance is a vital support to implementation of the PPWR which is complex and a significant departure from the earlier PPWD. Given the importance of achieving a harmonised approach across the European Union, the European Commission has published guidance and Frequently Asked Questions on the interpretation and application of PPWR. This is vital to provide greater clarity for businesses and Member States.

EU Commission Guidance document on the Packaging and Packaging Waste Regulation (PPWR) is available at this link:

https://ec.europa.eu/commission/presscorner/detail/en/ip_26_664.

EU Commission FAQs updated on 3rd August 2026 are available at this link:

https://environment.ec.europa.eu/publications/faq-packaging-and-packaging-waste-regulation-ppwr_en.

In Ireland, Repak's online PPWR Hub includes a range of support tools for businesses, including a Producer Self-Assessment Tool and a Packaging Classification Tool. These resources assist businesses in determining whether they are considered a producer under the PPWR and whether particular items fall within the Regulation's definition of packaging. Repak has also introduced a dedicated online sellers' portal to support businesses affected by the new requirements.

Repak’s PPWR guidance is available at the following link: https://repak.ie/ppwr/.

In relation to updating the European Union (Packaging) Regulations 2014, the Department is working on aligning national legislation with the requirements of the PPWR. The department will be consulting with stakeholders, including regulatory bodies and the Local Authority sector, before finalising the revised national packaging regulations later this year.

The implementation of the PPWR represents a significant development in the regulation of packaging and packaging waste across the European Union. The Department remains committed to ensuring that the new framework is implemented effectively and in a proportionate manner, taking account of the particular circumstances of micro and small enterprises. Engagement with stakeholders, regulatory bodies and the European Commission will continue as implementation progresses and as further detail emerges through EU implementing and secondary legislation.

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