Consultation on Extension of Extended Producer Responsibility Scheme for Tyres under the Waste Management (Tyres and Waste Tyres) Regulations, 2017

The aim of the consultation is to gather stakeholder feedback regarding the proposed extension of the Extended Producer Responsibility scheme for tyres provided for in the Eighth Schedule of the Waste Management (Tyres and Waste Tyres) Regulations, 2017 ("Tyres Regulations").

Tyres Regulations

The Waste Management (Tyres and Waste Tyres) Regulations 2017 (as amended) ("Tyres Regulations") were introduced to ensure environmentally sound management of tyres placed on the Irish market throughout their lifecycle.

The Tyres Regulations introduced a reinforced compliance scheme for tyres and set out obligations on tyre suppliers to the Irish market which is funded by an environmental management cost (EMC) paid by the producers to Circol ELT, who organise the collection of end-of-life tyres.

The EMC is used to ensure the desired environmental outcomes and covers the collection fee, transport fee, recycling/recovery fee, scheme management costs, auditing, retail handling fee, marketing costs, education/awareness costs (information for public and industry), and Contingency Reserve Fund.

The Tyres Regulations also contain national targets for the environmentally sound management of waste tyres, that is:

• A recovery rate of 70% of all tyres collected, and
• A recycling rate of 30% of all tyres collected

Extended Producer Responsibility for Tyres

Extended Producer Responsibility (EPR) ensures that producers are made financially responsible for the full life cycle of their products, including take-back, recycling and final disposal at the end of their useful life.

The EPR system was introduced in the EU in the 1990s and a number of national and EU schemes already exist in Ireland to manage material waste streams. The Department of the Environment, Climate and Communications has already introduced EPRs for Packaging, Batteries, WEEE, End-of-Life Vehicles, Tyres and Farm Plastics.

Circol ELT operate the national Extended Producer Responsibility (EPR) compliance scheme for tyres and waste tyres. Further information regarding this scheme can be found on their website.

Extension of the Extended Producer Responsibility Scheme for Tyres

The Waste Action Plan for a Circular Economycommits to extending the tyres EPR to include all categories of tyres provided for in the Eighth Schedule of the Tyres Regulations.

The EPR Scheme manages tyres of passenger cars, 4x4s, van and motorcycle tyres to find sustainable solutions for managing waste tyres.

Currently agricultural, truck/bus, construction and industrial tyres do not incur an EMC and the compliance scheme is not responsible for arranging the end-of-life management of these tyres.

Although approximately 93% of tyre units are already covered by an EMC and 7% of tyre units remain outside the current scheme, when viewed in terms of weight, only 68% of tyre units are covered by the current EMC with 32% of waste tyres outside of the scheme.

It is proposed that EMCs would be introduced for the following tyre categories:

• Truck and bus tyres
• Agricultural, construction and industrial tyres
• Solid and earthmover tyres

The proposed EMCs are in the following document:

Risks arising from exclusion of agriculture, truck/bus, construction and industrial tyres from the EPR Scheme

The risks posed by improperly managed tyres include the following:

• Risk to public health and the environment, caused by microplastics
• Tyres are highly resistant to biodegradation, photochemical decomposition, chemical reagents and high temperatures
• Indeterminate time to decompose
• Improper disposal can block water channels, creeks and storm water drains, resulting in changes in flow patterns leading to erosion, the silting up of water flows, and contribute to increasing flood rise
• Piled tyres are prone to heat retention which results in fires which are difficult to control and extinguish. Tyre fires can burn for months, generating smoke, oil and leachate toxic contaminants that affect the soil, waterways, and air
• Tyres have been banned from disposal in landfills
• Illegal dumping of waste tyres

The Tyres Regulations are in place to ensure all categories of tyres are managed according to best environmental practice. The management of used tyres is a technological, economic and ecological challenge. EPR seeks to achieve a reduction in the environmental impact of products, throughout their lifespan, from production through end-of-life on the basis of the principle of the polluter pays.

The proposed EMCs which would be applied to each tyre category must be sufficient to cover direct cost associated within that tyre category and make a positive contribution to overhead expenditure.

Extension of the scheme will fund all members’ waste tyres arising in the Irish market which will lead to a fairer distribution of compliance costs as all categories will be obliged to participate in the scheme. It will also encourage investment in local recycling infrastructure and promote and incentivise local recycling activity in line with circular economy principles.

Extension of the EPR scheme will provide a more organised method of ensuring all categories of tyres are managed in an environmentally sound manner which in turn helps to tackle problems of illegal dumping or improper disposal.

It is proposed that the extension of the EPR scheme will commence by the end of Quarter 1, 2025.

The department welcomes views from producers and economic operators of tyres, industry members and stakeholders regarding the following:

1. Extension of the Extended Producer Responsibility scheme for tyres

2. The EMCs on the proposed categories on the extension of the scheme.

3. Inclusion of bicycle tyres (to include electrical bicycle tyres) in the expansion of the scheme

How to get involved

Submissions may be sent by email to PRI@decc.gov.ie or by post to:

Circular Economy Division,

Department of the Environment, Climate and Communications,

Newtown Road,

Wexford.

Y35 AP90

The closing date for submissions has been extended to 5.30pm on Thursday, 24 October 2024.

If you have any issues, please email PRI@decc.gov.ie

We are committed to engaging with stakeholders in a clear, open and transparent manner. Any person or organisation can make a submission in relation to this consultation. We will consider all submissions and feedback before we publish the final versions of the Regulations.

Your response to this consultation is subject to:

• the Freedom of Information Act 2014 (FOI)
• the Access to Information on the Environment Regulations 2007-2018 (AIE)
• the Data Protection Act 2018

Publishing of responses

We intend to publish the contents of all submissions received to our consultations on our website. We will redact (remove) personal data before publication.

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In responding to this consultation, clearly indicate where your response contains any information which you would not wish to be released under FOI, AIE or otherwise published. This can include:

• personal information
• commercially sensitive information
• confidential information

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