Waste Tyre Regulation FAQs
I own a branch and 90% of the business is in retailing tyres. With 2000 tyres in stock, I open Monday morning, and what do I do? Do I report the 2000 tyres in stock?
You only report the 90% of the 2000 tyres (1,800 tyres) which are retailer tyres as opening stock to Repak ELT. These retailer tyres were purchased by you prior to Oct 1st and the vEMC would not have been charged at that point.
As you sell the tyres to your customers you will charge the vEMC and report to Repak ELT. Repak ELT will invoice you directly for these 1,800 tyres as they are sold, until the opening stock is run down.
Who do I report them to and what detail do I need to provide?
These tyres are reported to Repak ELT’s Retailer Blackbox as Opening Stock.
Repak ELT just require:
(i) Number of Retailer tyres in stock on Oct 1st.
(ii) Number of Waste tyres on site on October 1st.
(iii) Total number of tyres sold in 2016 (required by Regulations).
All the tyres in stock have been imported by me, not from a producer, prior to the 1st October 2017.What are my obligations under the new compliance scheme?
These Producer tyres must be reported to the PRL blackbox when sold to your customer. Repak ELT will be notified by the PRL of your liability for these tyres (vEMC x number of tyres) and will invoice accordingly.
I import tyres myself – am I a producer and who do I report to?
Yes you are a producer and you report these Producer tyres to the PRL.
I buy tyres from a Producer – am I a Retailer?
Who do I report to?
Any Retailer tyres (tyres bought from within Ireland) will need to be reported to Repak ELT.
I have a mixture of business, I buy from within ROI and outside ROI. What am I? Retailer, Producer or both and what are my obligations if this is my business model?
You are both a Producer and a Retailer
You report your Producer tyres to the PRL and your Retailer tyres to Repak ELT.
I sell 100 tyres in pure Retail in October, 30 of which I bought from a producer, 70 of which were in stock prior to 1st October 2017 -What do I report?
You report the 30 tyres bought from the Producer, by category to Repak ELT between November 1st – 15th.
You report the 70 Retailer tyres that were in stock before Oct 1st to Repak ELT as part of your one-off Opening Stock Declaration. This should be completed immediately in order to get your Repak ELT Certificate of Membership.
How many tyres will you collect?
As a retail member, in order to avail of free collection on a like for like basis ensure that all waste tyres placed for collection have had a vEMC paid. Any waste tyres placed for collection on which a vEMC has not been paid, will not be collected for free and are the responsibility of the retailer.
Of the 70, which does not have the charge on it, what is the legal obligation?
These 70 will be invoiced directly by Repak ELT to the Retailer as they sell them.
If I do a deal to get rid of the 70 through a registered collector, is this legal? as you will not collect unless the €2.80 is paid.
From 1 Oct no side deal with any waste collectors is allowed. However, some businesses have pre-arranged agreements with Authorised Waste Collectors whereby due to resource issues it may not be possible to physically collect the waste tyres until early October. These agreements do not involve Repak ELT. Once these ‘historical’ waste tyres have been collected and properly managed, all future waste tyres arising from Oct 1st will be collected without charge (assuming compliance with Repak ELT Scheme Rules).
I have 20 waste tyres which no charge has been levied. How do I get these tyres collected, who do i contact and who do I pay?
These should be declared to Repak ELT and an invoice will be created to cover these tyres at the relevant vEMC per tyre.
Notify Repak ELT of the tyres and contact your waste collector for collection.
Payment is to Repak ELT.
When do you start collecting the levied tyres and who contacts who to get them collected?
From 1 October
Retailer contacts Repak ELT Authorised Waste Collector directly to agree a time and quantity to be collected.
How often will they be collected?
The collection frequency should be agreed between the retailer and the authorised waste collector. If an authorised waste collector is not providing a satisfactory service then the retailer has the option to notify Repak ELT and change to another authorised waste collector. It is obviously in the interest of the authorised waste collector to provide a good level of service to retailers.
Please note some dealers have very little space and tyres need collection often. Others have space and can store and reduce the collection occurrences .If I make it more economical for the collector, will this benefit me?
Repak ELT do not have anything planned in this regard, however if a business case was presented we would be happy to consider.
If I can only store 2-3 days of waste tyres, will you collect every 2-3 days – If not who is responsible for these waste tyres?
Until the waste tyres are collected they are the responsibility of the retailer.
If I have difficulties, who do I contact Names, Addresses and phone numbers?
How long will it take to get queries addressed?
Most queries by phone will be dealt immediately. Other queries will be responded to within no more than two days.
I have sold a tyre and the owner has come back with a query which results in a warranty claim. This tyre is sent back to the manufacturer outside of ROI for analysis. A new tyre is fitted to keep the customer moving, for which he pays, the old tyre has left the market, does the new tyre get charged or is it credited against the tyre that has been taken out of the market?
The vEMC has to be paid on all tyres sold.
Validated returns documentation for a tyre returned under warranty (i.e. claim docket) can be used to reclaim the vEMC from Repak ELT.
I have had an exceptional week of sales and I am overflowing with waste tyres. They are now on the street. All the tyres have been levied. Who is responsible for these waste tyres?
The waste tyres are the responsibility of the retailer until they are collected by the authorised waste collector. Ownership of the waste then passes to the collector.
Are we obliged to accept waste tyres from customers for whom we didn’t fit a tyre to his car and if yes do we charge the customer the tyre levy?
No retailers are not obliged to accept waste tyres from customers for whom they did not sell or fit a tyre to a vehicle.
Is the €2.80 tyre levy referenced to the future disposal of a tyre and if yes, what if the tyre is fitted to a foreign car?
Yes, the vEMC has to be charged on all tyres sold and fitted to cars. There is no exemption for foreign registered cars.
What legislation do you have to back up the charge for the tyres coming off the car?
The Waste Management (Tyres and Waste Tyres) Regulations S.I. No. 400 of 2017 is the relevant legislation dealing with this.
What if customer keeps their tyres for craft products -does the €2.80 charge apply and is this covered by the legislation?
Regardless of whether a customer keeps their waste tyres for own use the vEMC of €2.80 applies to the new tyre purchased.
The relevant section under the Regulations is 29. (1) (c). The retailer’s obligations with a customer who chooses to retain waste tyres are set out in the following extract from the Regulations, a retailer shall;
(i) provide each customer concerned with details of each authorised waste collector or recovery operator, in the functional area of the local authority where the retailer’s premises are situated,
(ii) advise each customer concerned that the tyres they have retained must be treated in an environmentally sound manner,
(iii) advise each customer concerned that the tyres they have retained may be returned free of charge to him or her and
(iv) indicate on the customer’s receipt the number of waste tyres which have been retained by the customer.
Have you a sample upload file so we can show the data that is required in the format required for Sales and Purchasing?
Repak ELT is currently in discussion with a number of software providers who provide solutions/systems for the tyre industry such as; Team, CAM, Sage, Kerridge etc. If your software provider is not listed here, please contact Repak ELT
Who decides when a company is compliant and non compliant?
The Local Authorities (LAs) and the Environmental Protection Agency (EPA) are responsible for enforcement of the Waste Management (Tyres and Waste Tyres) Regulations.
Producers and Retailers are obliged under the Regulations to become members of Repak ELT. All members must abide by the Repak ELT Membership Scheme Rules.
What independent overview of the non compliant procedure is in place?
Repak ELT has no statutory function in the enforcement of the Waste Management (Tyres and Waste Tyres) Regulations. As previously stated the LAs and EPA are responsible for enforcement.
If a member is not abiding by the Repak ELT Membership Scheme Rules, it may be an issue for Repak ELT and the member.
If a company wishes to appeal non compliance what right does it have and who conducts the appeal?
There is an appeal procedure set out in the Repak ELT Membership Scheme Rules in relation to membership decisions.
The appeal process is set out in the Scheme Rules. An appeal will be conducted by an independent Appeals Committee consisting of three persons as follows:
(a) two individuals nominated by Repak ELT’s board of directors, who shall be wholly independent and have no involvement, whether as a director, shareholder, partner, employee, consultant or otherwise with [a Producer, Retailer, Authorised Waste Collector or Recovery Operator or any other person otherwise operating in the Waste Tyre Industry];
(b) one person [nominated by the Minister for Communications, Climate Action and Environment].
As this is a scheme for the industry how many directors will the industry have for nomination to the board of Repak ELT?
The tyre industry will have the following representation on the Board of Repak ELT;
2 X Producer Directors, 1 X Wholesaler Director, 1 X Retail Director.
When will they be brought onto board of Repak ELT?
Scheme Members shall from within their own sector elect four Member Directors to represent Scheme Members. It is intended to hold an election in the first half of 2018.