Tyres PRI- Repak ELT Roadshow July 2017 Producer Responsibility Team Role of EPA in Enforcement of the Regulations

EPA National environmental authority. Approx. 350 staff with offices countrywide. HQ in Wexford. Wide range of functions including: Authorisation (e.g. licences for large scale waste and industrial activities) Enforcement Research Monitoring of ambient environmental quality (e.g. air, rivers, bathing water). Environmental impact during production and when waste.

Producer Responsibility Team The team has four full time members and is based in Cork. Comprises two EPA staff and two contractors. Currently fully engaged with implementation of the PRI’s for the management of waste electrical and electronic equipment (WEEE) and batteries. Activities include PRI enforcement, research, provision of guidance and awareness raising. The remit of the team will widen to include the PRI for tyres. Environmental impact during production and when waste.

PRI Enforcement – WEEE and Batteries The EPA organises and carries out annual PRI enforcement campaigns. The campaigns typically include: Audits of producers (approx. 50 – 60 per year) Inspections of retail outlets (approx. 100 year) Inspections of websites – distance sellers (approx. 80 per year) Reports are issued which outline audit/inspection findings including non-compliances. The team follows up on report findings to close out non-compliances. Environmental impact during production and when waste.

EPA role under Tyres Regulations The Regulations are still in draft form but currently the EPA’s enforcement role is specified in regulation 45 (Part IX) of the Regulations. It states that the EPA is responsible for enforcement of Part II of the Regulations which relates variously to functions and powers of the Registration Body and the obligations of tyre producers. Local authorities will be responsible for retail enforcement. Environmental impact during production and when waste.

Who do we enforce? Obligations of tyre producers under Part II of the Regulations. These include: Regulation 9, 10 – Registration with the Registration Body Regulation 12 – Prohibition on placement of tyres on the market Regulation 14 – Prohibition on display of registration number Notwithstanding the restriction to enforcement of producer obligations it is foreseen that the EPA will work with local authorities and other bodies to increase compliance overall with the Regulations, such as: Regulations 21 to 23 - Joining an approved body Environmental impact during production and when waste.

How will we enforce? Non-compliances can be detected through intelligence or by audit at a producer premises. In general the EPA takes a staggered approach to non-compliance. A notification of non-compliance will be issued and the producer directed to comply. Subsequent action by the EPA will depend on the response of the producer. If necessary further correspondence will be issued giving the producer every chance to comply. If non-compliance continues the EPA will have to consider prosecution (see regulation 47). Fixed Payment Notices are not yet available but will be utilised once available. Environmental impact during production and when waste.

Free Riders These are producers that operate entirely out side of the PRI. They do not contribute anything to the PRI and operate at a competitive advantage to legitimate producers. The EPA will rely on intelligence provided by the Registration Body, the Approved Body and others to identify suspected free riding producers. The EPA will challenge these producers to encourage compliance. Audits will be carried out where necessary.

Key Message from EPA If legitimate producers are complying (or at least making an honest effort to comply) with the Tyres Regulations then the EPA will be free to focus on free riders. It is in everybody’s interest - and it is critical to the success of the PRI - that free rider producers are identified and challenged by the EPA. The EPA will pursue them and if necessary prosecute them. In 2015 the EPA successfully prosecuted a free rider EEE producer. The courts fined the producer approx. €30,000. Environmental impact during production and when waste.

Contact Details Michael Owens 021 4860801 m.owens@epa.ie Thank you