Dáil Éireann Debate, Thursday - 6 November 2025
150. Deputy Ken O'Flynn asked the Minister for Climate, Energy and the Environment if his Department has assessed the economic impact on domestic retailers arising from the non-compliance of overseas distance sellers with Irish environmental producer responsibility obligations; and if he will make a statement on the matter. [60580/25]
Amharc ar fhreagra156. Deputy Ken O'Flynn asked the Minister for Climate, Energy and the Environment if he has undertaken or commissioned any assessment of the level of non-compliance by distance sellers and online retailers located outside the State with Irish environmental producer responsibility and recycling obligations; the estimated scale of financial losses to national compliance schemes arising from such non-compliance; and if he will make a statement on the matter. [60575/25]
Amharc ar fhreagra157. Deputy Ken O'Flynn asked the Minister for Climate, Energy and the Environment if his Department has examined the feasibility of introducing a pay-on-behalf system, similar to those operating in France, Germany, Spain and Italy, whereby online marketplaces are required to collect and remit environmental compliance fees on behalf of non-registered third-party sellers; and if he will make a statement on the matter. [60576/25]
Amharc ar fhreagra158. Deputy Ken O'Flynn asked the Minister for Climate, Energy and the Environment the enforcement and monitoring mechanisms currently in place to ensure that all online and distance sellers, regardless of location, contribute fairly to environmental compliance and recycling schemes in Ireland; the number of enforcement actions or penalties issued since 2023; and if he will make a statement on the matter. [60577/25]
Amharc ar fhreagra159. Deputy Ken O'Flynn asked the Minister for Climate, Energy and the Environment if his Department intends to bring forward proposals before 2026 to strengthen environmental compliance for distance sellers and online marketplaces; the expected timeline for consultation with compliance schemes and the retail sector; and if he will make a statement on the matter. [60578/25]
Amharc ar fhreagraI propose to take Questions Nos. 150 and 156 to 159, inclusive, together.
Producer responsibility legislation is designed to ensure that producers of relevant goods contribute to the costs of collecting and recycling these goods when they are no longer in use. Ensuring all obligated producers pay their share is critical to the credibility and success of these schemes, known as Extended Producer Responsibility schemes (EPRs). In Ireland, the Environmental Protection Agency (EPA) and local authorities both have enforcement roles under the legislation. Those bodies work together and with the EPR organisations to ensure compliance in the Irish market and to contribute to achievement of EU recycling targets.
The EPA is responsible for enforcing certain obligations on both distance sellers and distributors under the Waste Electronic and Electrical Equipment Regulations and Batteries Regulations, and may take a prosecution for a summary offence for failure to comply with the regulations.
Further information on the obligations of distance sellers is available here: www.epa.ie/publications/compliance--enforcement/waste/Guidance-for-distance-sellers-of-EEE-and-Batteries.pdf
Compliance of distance sellers is a critical issue for EPR in Ireland and across the EU. Free-riding distance sellers enjoy a cost advantage over their counterparts who have paid their EPR fees. The Department is working with stakeholders and regulators to tackle this issue both systemically and at the level of individual operators.
Recent circular economy legislation for batteries and packaging waste refers Member States to provisions available under the EU Digital Services Act. How to leverage the measures under that Act is the subject of discussion between the Department and stakeholders currently. Other approaches such as a 'Pay on Behalf' model led by a host online platform, also offers opportunities to promote compliance and forms part of the suite of measures being actively explored by the Department currently.
The European Commission has issued a Call for Evidence in preparation for publishing a proposed Circular Economy Act next year. Ireland will work with the Commission and other Member States to support measures for EPRs that ensure fair competition in the EU market are included in that legislation.
