Hazardous
Waste Management Act
F280[SECOND SCHEDULE
Properties of Waste which Render it Hazardous
Section 4(1)
HP 1 ‘Explosive’: waste which is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Pyrotechnic waste, explosive organic peroxide waste and explosive self-reactive waste is included.
When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 1, the waste shall be assessed for HP 1, where appropriate and proportionate, according to test methods. If the presence of a substance, a mixture or an article indicates that the waste is explosive, it shall be classified as hazardous by HP 1.
Table 1: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 1:
HP 2 ‘Oxidising’: waste which may, generally by providing oxygen, cause or contribute to the combustion of other materials.
When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 2, the waste shall be assessed for HP 2, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is oxidising, it shall be classified as hazardous by HP 2.
Table 2: Hazard Class and Category Code(s) and Hazard statement Code(s) for the classification of wastes as hazardous by HP 2:
HP 3 ‘Flammable’:
— flammable liquid waste: liquid waste having a flash point below 60°C or waste gas oil, diesel and light heating oils having a flash point > 55°C and ≤ 75°C;
— flammable pyrophoric liquid and solid waste: solid or liquid waste which, even in small quantities, is liable to ignite within five minutes after coming into contact with air;
— flammable solid waste: solid waste which is readily combustible or may cause or contribute to fire through friction;
— flammable gaseous waste: gaseous waste which is flammable in air at 20°C and a standard pressure of 101.3 kPa;
— water reactive waste: waste which, in contact with water, emits flammable gases in dangerous quantities;
— other flammable waste: flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste.
When a waste contains one or more substances classified by one of the following hazard class and category codes and hazard statement codes shown in Table 3, the waste shall be assessed, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is flammable, it shall be classified as hazardous by HP 3.
Table 3: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 3:
HP 4 ‘Irritant — skin irritation and eye damage’: waste which on application can cause skin irritation or damage to the eye.
When a waste contains one or more substances in concentrations above the cut-off value, that are classified by one of the following hazard class and category codes and hazard statement codes and one or more of the following concentration limits is exceeded or equalled, the waste shall be classified as hazardous by HP 4.
The cut-off value for consideration in an assessment for Skin corr. 1A (H314), Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1%.
If the sum of the concentrations of all substances classified as Skin corr. 1A (H314) exceeds or equals 1%, the waste shall be classified as hazardous according to HP 4.
If the sum of the concentrations of all substances classified as H318 exceeds or equals 10%, the waste shall be classified as hazardous according to HP 4.
If the sum of the concentrations of all substances classified H315 and H319 exceeds or equals 20%, the waste shall be classified as hazardous according to HP 4.
Note that wastes containing substances classified as H314 (Skin corr.1A, 1B or 1C) in amounts greater than or equal to 5% will be classified as hazardous by HP 8. HP 4 will not apply if the waste is classified as HP 8.
HP 5 ‘Specific Target Organ Toxicity (STOT)/Aspiration Toxicity’: waste which can cause specific target organ toxicity either from a single or repeated exposure, or which cause acute toxic effects following aspiration.
When a waste contains one or more substances classified by one or more of the following hazard class and category codes and hazard statement codes shown in Table 4, and one or more of the concentration limits in Table 4 is exceeded or equalled, the waste shall be classified as hazardous according to HP 5. When substances classified as STOT are present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 5.
When a waste contains one or more substances classified as Asp. Tox. 1 and the sum of those substances exceeds or equals the concentration limit, the waste shall be classified as hazardous by HP 5 only where the overall kinematic viscosity (at 40°C) does not exceed 20.5 mm2/s.1
Table 4: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 5
HP 6 ‘Acute Toxicity’: waste which can cause acute toxic effects following oral or dermal administration, or inhalation exposure.
If the sum of the concentrations of all substances contained in a waste, classified with an acute toxic hazard class and category code and hazard statement code given in Table 5, exceeds or equals the threshold given in that table, the waste shall be classified as hazardous by HP 6. When more than one substance classified as acute toxic is present in a waste, the sum of the concentrations is required only for substances within the same hazard category.
The following cut-off values shall apply for consideration in an assessment:
— For Acute Tox. 1, 2 or 3 (H300, H310, H330, H301, H311, H331): 0.1%;
— For Acute Tox. 4 (H302, H312, H332): 1%.
Table 5: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 6
HP 7 ‘Carcinogenic’: waste which induces cancer or increases its incidence.
When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 6, the waste shall be classified as hazardous by HP 7. When more than one substance classified as carcinogenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 7.
Table 6: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 7
HP 8 ‘Corrosive’: waste which on application can cause skin corrosion.
When a waste contains one or more substances classified as Skin corr.1A, 1B or 1C (H314) and the sum of their concentrations exceeds or equals 5%, the waste shall be classified as hazardous by HP 8.
The cut-off value for consideration in an assessment for Skin corr. 1A, 1B, 1C (H314) is 1.0%.
HP 9 ‘Infectious’: waste containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
The attribution of HP 9 shall be assessed by the rules laid down in reference documents or legislation in the Member States.
HP 10 ‘Toxic for reproduction’: waste which has adverse effects on sexual function and fertility in adult males and females, as well as developmental toxicity in the offspring.
When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 7, the waste shall be classified hazardous according to HP 10. When more than one substance classified as toxic for reproduction is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 10.
Table 7: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 10
HP 11 ‘Mutagenic’: waste which may cause a mutation, that is a permanent change in the amount or structure of the genetic material in a cell.
When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 8, the waste shall be classified as hazardous according to HP 11. When more than one substance classified as mutagenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 11.
Table 8: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 11
HP 12 ‘Release of an acute toxic gas’: waste which releases acute toxic gases (Acute Tox. 1, 2 or 3) in contact with water or an acid.
When a waste contains a substance assigned to one of the following supplemental hazards EUH029, EUH031 and EUH032, it shall be classified as hazardous by HP 12 according to test methods or guidelines.
HP 13 ‘Sensitising’: waste which contains one or more substances known to cause sensitising effects to the skin or the respiratory organs.
When a waste contains a substance classified as sensitising and is assigned to one of the hazard statement codes H317 or H334 and one individual substance equals or exceeds the concentration limit of 10%, the waste shall be classified as hazardous by HP 13.
F281[HP 14 ‘Ecotoxic’: waste which presents or may present immediate or delayed risks for one or more sectors of the environment.
Waste which fulfils any of the following conditions shall be classified as hazardous by HP 14:
Waste which contains a substance classified as ozone depleting assigned the hazard statement code H420 in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (*1) and the concentration of such a substance equals or exceeds the concentration limit of 0,1 %.
[c(H420) ≥ 0,1 %]
Waste which contains one or more substances classified as aquatic acute assigned the hazard statement code H400 in accordance with Regulation (EC) No 1272/2008 and the sum of the concentrations of those substances equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % shall apply to such substances.
[Σ c (H400) ≥ 25 %]
Waste which contains one or more substances classified as aquatic chronic 1, 2 or 3 assigned to the hazard statement code(s) H410, H411 or H412 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic 1 (H410) multiplied by 100 added to the sum of the concentrations of all substances classified as aquatic chronic 2 (H411) multiplied by 10 added to the sum of the concentrations of all substances classified as aquatic chronic 3 (H412) equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411 or H412.
[100 Σc (H410) + 10 Σc (H411) + Σc (H412) ≥ 25 %]
Waste which contains one or more substances classified as aquatic chronic 1, 2, 3 or 4 assigned the hazard statement code(s) H410, H411, H412 or H413 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411, H412 or H413.
[Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25 %]
Where: Σ = sum and c = concentrations of the substances.]
HP 15 ‘Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste’.
When a waste contains one or more substances assigned to one of the hazard statements or supplemental hazards shown in Table 9, the waste shall be classified as hazardous by HP 15, unless the waste is in such a form that it will not under any circumstance exhibit explosive or potentially explosive properties.
Table 9: Hazard statements and supplemental hazards for waste constituents for the classification of wastes as hazardous by HP 15
In addition, Member States may characterise a waste as hazardous by HP 15 based on other applicable criteria, such as an assessment of the leachate.
Note
F282[…]
Test methods
The methods to be used are described in Council Regulation (EC) No 440/20082 and in other relevant CEN notes or other internationally recognised test methods and guidelines.]
Annotations
Amendments:
F280
Substituted (1.06.2015) by European Union (Properties of Waste Which Render it Hazardous) Regulations 2015 (S.I. No. 233 of 2015), reg. 4, in effect as per reg. 3.
F281
Substituted (27.09.2018) by European Union (Properties of Waste which Render it Hazardous) Regulations 2018 (S.I. No. 383 of 2018), reg. 3(a).
F282
Deleted (27.09.2018) by European Union (Properties of Waste which Render it Hazardous) Regulations 2018 (S.I. No. 383 of 2018), reg. 3(b).
Editorial Notes:
E578
Previous affecting provision: schedule substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 24; substituted as per F-note above.
1The kinematic viscosity shall only be determined for fluids.
2 Council Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1).
Statutory Instruments 1998 S.I. No. 163/1998 –
S.I. No. 163/1998 –
Waste Management (Hazardous Waste) Regulations, 1998
WASTE MANAGEMENT (HAZARDOUS WASTE) REGULATIONS, 1998
INDEX
PART I
PRELIMINARY AND GENERAL
1. Citation.
2. Commencement.
3. Purpose of Regulations.
4. Interpretation generally.
PART II
ASBESTOS
5. Interpretation for Part II.
6. Use of best available technology not entailing excessive costs.
7. Prohibition on emissions.
PART III
BATTERIES
8. Interpretation for Part II.
9. Prohibition on marketing of certain batteries.
10. Prohibition on marketing of certain appliances.
11. Marketing of batteries and appliances.
12. Requirements as to markings.
PART IV
POLYCHLORINATED BIPHENYLS (PCBs)
13. Interpretation for Part IV.
14. Requirements on holders of PCBs.
15. Provision of information to Agency.
16. Prohibitions on certain uses of PCBs.
PART V
WASTE OILS
17. Interpretation for Part V.
18. Prohibition on disposal to waters or drains.
19. Prohibition on mixing with other wastes.
20. Information to be compiled by producer.
PART VI
HAZARDOUS WASTE GENERALLY
21. Information to be compiled and provided by producer.
22. Packaging and labelling of hazardous waste.
23. False or misleading information.
24. Defrayal of local authority or Agency costs.
FIRST SCHEDULE Matters in relation to batteries
SECOND SCHEDULE Labelling of decontaminated equipment
S.I. No. 163 of 1998.
WASTE MANAGEMENT (HAZARDOUS WASTE) REGULATIONS, 1998
In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 7 , 15 , 18 , 28 , 29 , 32 and 36 of the Waste Management Act, 1996 (No. 10 of 1996) , which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations :—
PART I
PRELIMINARY AND GENERAL
1 Citation.
1. These Regulations may be cited as the Waste Management (Hazardous Waste) Regulations, 1998.
2 Commencement.
2. These Regulations shall come into operation on the 20th day of May, 1998.
3 Purpose of Regulations.
3. The purposes for which these Regulations are made include the purpose of giving effect to provisions of —
(a) Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December, 1986 (1),
(1) O.J. No. L 194/23,25 July 1975 and O.J. No. L 42/43, 12 February 1987
(b) Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos (1),
(1) O.J. No. L 85/40, 28 March, 1987
(c) Council Directive 91/157/EEC of 18 March, 1991 on batteries and accumulators containing dangerous substances (2),
(2) O.J. No. L 78/38, 26 March, 1991
(d) Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste (3),
(3) O.J. No. L 377/20, 31 December 1991
(e) Council Directive 96/59/EC of 16 September, 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (4).
(4) O.J. No. 243/31, 24 September, 1996
4 Interpretation generally.
4. In these Regulations, save where the context otherwise requires, —
(a) “the Act” means the Waste Management Act, 1996 , and
(b) any reference to an article, Part or Schedule which is not otherwise identified is a reference to an article, Part or Schedule of these Regulations and any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs.
PART II
ASBESTOS
5 Interpretation for Part II.
5. In this Part —
“asbestos” means the following fibrous silicates —
• crocidolite (blue asbestos),
• actinolite,
• anthophyllite,
• chrysotile (white asbestos),
• amosite (brown asbestos),
• tremolite;
“raw asbestos,” means the product resulting from the primary crushing of asbestos ore.
6 Use of best available technology not entailing excessive costs.
6. (1) A person who carries on an activity to which this article applies shall use the best available technology not entailing excessive costs for the purpose of preventing or limiting asbestos waste arisings from that activity, including where appropriate the recovery or treatment of such wastes.
(2) This article applies to an activity which involves the handling of a quantity of more that 100 kilograms of raw asbestos per annum and which comprises —
(a) the production of raw asbestos ore excluding any process directly associated with the mining of the ore, or
(b) the manufacturing and industrial finishing of any of the following products using raw asbestos: asbestos cement or asbestos-cement products, asbestos friction products, asbestos filters, asbestos textiles, asbestos paper and card, asbestos jointing, packaging and reinforcement materials, asbestos floor coverings or asbestos fillers.
7 Prohibition on emissions.
7. A person who transports waste containing asbestos fibres or asbestos dust shall ensure that no such fibre or dust is emitted or released to an environmental medium.
PART III
BATTERIES
8 Interpretation for Part III.
8. In this Part, save where the context otherwise requires —
“battery” means an apparatus or device designed to act as a source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary (non-rechargeable) battery cells or secondary (rechargeable) battery cells (also called accumulators);
“excluded appliance” means an appliance falling within the categories of appliance set out in Part I of the First Schedule;
“heavy metal” means mercury, cadmium or lead;
“supply” in relation to batteries includes, in the course of business —
(a) to supply in association with the supply of, or incorporated in, any appliance, device, vehicle or any other product,
(b) to provide in exchange for any consideration other than money, or
(c) to give as a prize or otherwise make a gift.
9 Prohibition on marketing of certain batteries.
9. (1) A person shall not supply or advertise batteries to which this article applies.
(2) Subject to sub-article (3), this article applies to —
(i) alkaline manganese batteries for prolonged use in extreme conditions (e.g. temperatures below 0 degrees Centigrade or above 50 degrees Centigrade, exposed to shocks) containing more than 0.05% of mercury by weight, and
(ii) all other alkaline manganese batteries containing more than 0.025% of mercury by weight.
(3) This article does not apply to alkaline manganese button cells and batteries composed of button cells.
10 Prohibition on marketing of certain appliances.
10. (1) A person shall not supply or advertise an appliance which contains or is designed to contain a battery to which this article applies, other than an excluded appliance, unless the battery can be readily removed, when spent, by the user of the appliance.
(2) This article applies to batteries which contain —
(a) (i) in the case of alkaline manganese batteries, more than 0.025% of mercury by weight,
(ii) in the case of batteries other than alkaline manganese batteries, more than 25mg of mercury per cell,
(b) more than 0.025% of cadmium by weight, or
(c) more than 0.4% of lead by weight.
11 Marking of batteries and appliances.
11. (1) A person shall not supply or advertise batteries to which article 10 applies unless the batteries are marked in accordance with article 12.
(2) A person shall not supply or advertise an excluded appliance which contains or is designed to contain a battery to which article 10 applies unless the appliance is marked —
(i) in accordance with article 12, and
(ii) to indicate the method of removing the battery.
12 Requirements as to markings.
12. The batteries and appliances to which article 11 refers shall be marked visibly, legibly and indelibly in accordance with Part II of the First Schedule so as to indicate —
(a) the heavy metal content of the batteries,
(b) that the batteries should be collected separately from other waste for the purpose of recovery or disposal, and
(c) where appropriate, that the batteries are suitable for recovery.
PART IV
POLYCHLORINATED BIPHENYLS (PCBs)
13 Interpretation for Part IV.
13. (1) In this Part —
“contaminated equipment” means any equipment (including any transformer, power capacitor or receptacle containing residual stocks) which —
(a) contains PCBs, or
(b) having contained PCBs, has not been subject to decontamination;
“decontamination” means any operation which enables equipment, objects, materials or fluids contaminated by PCBs to be recovered or disposed of without causing environmental pollution, including the replacement of PCBs by fluids which do not contain PCBs, and “decontaminated” shall be construed accordingly;
“disposal” means any of the activities specified at item 6, 7 or 13 of the Third Schedule to the Act, incineration on land or, in the case of contaminated equipment or used PCBs which cannot be decontaminated, safe deep underground storage in dry rock formations;
“equipment containing more than 5 dm3 of PCBs” includes, in the case of power capacitors, such equipment where the separate elements of a combined set contain amounts of PCBs which in aggregate exceeds 5 dm3;
“PCBs” means —
• polychlorinated biphenyls
• polychlorinated terphenyls
• monomethyl-tetrachlorodiphenyl methane
• monomethyl-dichloro-diphenyl methane
• monomethyl-dibromo-diphenyl methane, or
• any mixture of substances containing any one or more of the aforementioned substances in an aggregate amount which by weight exceeds 0.005% by weight of the mixture;
“used PCBs” means PCBs which are waste within the meaning of Section 4(1)(a) of the Act.
(2) Any equipment of a type which is likely to contain PCBs shall, for the purposes of these Regulations, be considered as containing PCBs unless it is reasonable to assume the contrary.
14 Requirements on holders of PCBs.
14. (1) A holder of PCBs, used PCBs or contaminated equipment shall, as the case may be —
(a) ensure that used PCBs are disposed of as soon as possible;
(b) subject to sub-article (3), ensure that PCBs and contaminated equipment and the PCBs contained in such equipment are decontaminated or disposed of as soon as possible;
(c) subject to sub-article (4), affix to equipment containing more than 5 dm3 of PCBs and to the doors of premises where such equipment is located an indelible label, so printed as to be easily visible and legible, stating, as the case may be, that the equipment is, or the premises contain equipment that is, contaminated by PCBs;
(d) keep such PCBs or equipment separate from flammable materials and otherwise take such precautions as are necessary to avoid any risk of fire; and
(e) where reasonably practicable, implement and operate a source separation programme in respect of equipment which contains less than 5 dm3 of PCBs and is a component of another piece of equipment, that is to say, to remove and arrange for the separate collection of such components with a view to their recovery or, where that is not economically feasible, their disposal, in a facility authorised for that purpose.
(2) Transformers containing more than 0.05% by weight of PCBs shall be decontaminated in accordance with the following conditions:—
(a) the objective of decontamination shall be to reduce the level of PCBs to less than 0.05% by weight and, if possible, to 0.005% or less by weight;
(b) the replacement fluid not containing PCBs must entail markedly lesser risks;
(c) the replacement of the fluid must not compromise the subsequent disposal of the PCBs, and
(d) the labelling of the transformer after its decontamination must be replaced by labelling in the form set out in the Second Schedule to these Regulations.
(3) (a) In the case of contaminated equipment containing more than 5 dm3 of PCBs, decontamination or disposal in accordance with sub-article (1)(b) shall, subject to paragraph (b), be effected not later than the 31st day of December, 2010.
(b) As a derogation from the requirements of sub-article (1)(b) in the case of a transformer or other equipment the fluid content of which contains between 0.05% and 0.005% by weight of PCBs, such equipment may be decontaminated in accordance with sub-article (2) or disposed of at the end of its useful life.
(4) For the purposes of paragraph (c) of sub-article (1), equipment in respect of which it is reasonable to assume that the fluid content of the equipment contains between 0.05% and 0.005% by weight of PCBs may be labelled as “PCBs contaminated 0.05%”.
15 Provision of information to the Agency.
15. (1) Subject to sub-article (2), a holder of PCBs, used PCBs or contaminated equipment containing more than 5 dm3 of PCBs shall, not later than the 1st day of September 1998 and not later than the 1st day of September in each year thereafter, give notice in writing to the Agency in relation to such PCBs, used PCBs or equipment of, as appropriate —
(a) the name and address of the holder,
(b) the location and quantity of the PCBs or used PCBs,
(c) the location and description of the equipment,
(d) the quantity of PCBs contained in such equipment,
(e) the measures taken or proposed to be taken (including a timescale) for the decontamination or disposal, as the case may be, of the said PCBs, used PCBs and equipment, and
(f) the date of giving such notice.
(2) A notice under sub-article (1) need not specify information for the purposes of paragraphs (d) and (e) of that sub-article as regards any equipment in respect of which it is reasonable to assume that the fluid content of the equipment contains between 0.05% and 0.005% by weight of PCBs.
(3) The Agency shall monitor the accuracy of information notified to it under sub-article (1).
16 Prohibition on certain uses of PCBs.
16. The following are hereby prohibited —
(a) the importation, production or supply to another person of PCBs or contaminated equipment;
(b) with effect from 1 September, 1998, the holding or use of PCBs or contaminated equipment, other than PCBs or equipment which have been notified to the Agency under article 15;
(c) the separation of PCBs from other substances for the purpose of reusing the PCBs;
(d) the addition of PCBs to transformers or other equipment, and
(e) the maintenance of transformers containing PCBs, other than the maintenance of transformers which are in good working order and do not leak and where such maintenance is for the purpose of ensuring that the PCBs contained in the transformers comply with technical standards or specifications regarding dielectric quality.
PART V
WASTE OILS
17 Interpretation for Part V.
17. In this Part, “waste oils” means any mineral-based lubrication or industrial oils which have become waste, including used combustion engine oils, gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils.
18 Prohibition on disposal to waters or drains.
18. A person shall not dispose of waste oils to waters or drainage systems.
19 Prohibition on mixing with other wastes.
19. A holder of waste oils shall take such steps as are necessary to ensure that waste oils are not mixed with PCBs (within the meaning of Part IV) or other wastes.
20 Information to be compiled by producer.
20. (1) A person who produces more than 500 litres of waste oils in a calender year shall compile and maintain the information specified in sub-article (2).
(2) The following information is specified for the purposes of sub-article (1) —
(a) the quantity, quality, origin and location of waste oils produced,
(b) the quantities of waste oils transferred to other persons, the dates of such transfers and the name of persons to whom such waste was transferred.
(3) A person to whom sub-article (1) applies shall retain, for a period of two years after the end of the period in question, such records as are necessary to verify the accuracy of information compiled and maintained in accordance with sub-article (1).
PART VI
HAZARDOUS WASTE GENERALLY
21 Information to be compiled and provided by producer.
21. A producer of hazardous waste shall —
(a) keep a record of —
(i) the quantity, nature and origin of the waste produced,
(ii) where relevant, any treatment of such waste carried out by or on behalf of the producer, and
(iii) the quantity, nature, destination, frequency of collection and mode of transport of hazardous waste which is transferred to another person,
(b) upon service of notice in writing by the Agency or a local authority, make any information recorded under paragraph (a) available to the Agency or local authority concerned, in such form and manner and at such frequency as may be specified in the notice, and
(c) preserve the records referred to in paragraph (a) for a minimum of three years.
22 Packaging and labelling of hazardous waste.
22. (1) Subject to sub-article (2), a producer of hazardous waste shall ensure that, during the temporary storage of such waste at its place of production, —
(a) all containers or other packaging used for such storage are labelled in accordance with Community and other standards which are in force in relation to such labelling, and
(b) hazardous waste of one category is not mixed together with hazardous waste of any other category or with any non-hazardous waste.
(2) (a) Sub-article (1)(b) shall not apply in relation to the mixture of wastes where such mixture has been approved in writing by the local authority in whose functional area the waste is produced.
(b) A local authority shall not grant an approval under paragraph (a) unless it is satisfied that the mixture of the wastes in question is warranted and will not contravene section 32(1) of the Act.
23 False or misleading information.
23. A person shall not compile information which is false or misleading to a material extent or furnish any such information in any notice or other document used for the purposes of these Regulations.
24 Defrayal of local authority or Agency costs.
24. (1) A local authority or the Agency may, by notice in writing, require a person to whom these Regulations apply to defray or contribute towards any costs incurred by the local authority or the Agency, as the case may be, in the performance of its functions in relation to these Regulations, including the cost of any inspection or investigations carried out or caused to be carried out by the local authority or Agency, and the taking and analysis of any sample of waste.
(2) A person on whom a notice is served under sub-article (1) shall comply with the requirements of the notice within such period, being a period of not less than three weeks, as may be specified in the notice, and in default of such payment, the amount concerned may be recovered by the local authority concerned or the Agency, as the case may be, as a simple contract debt in any court of competent jurisdiction.
FIRST SCHEDULE
MATTERS IN RELATION TO BATTERIES
PART I
Article 8
Categories of appliances which are “excluded appliances”
(a) Those appliances whose batteries are soldered, welded or otherwise permanently attached to terminals to ensure continuity of power supply in demanding industrial usage, and to preserve the memory and data functions of information technology and business equipment, where use of batteries is technically necessary.
(b) Reference cells in scientific and professional equipment, and batteries placed in medical devices designed to monitor and maintain vital functions and in heart pacemakers and all other active implantable medical devices covered by the Council Directive of 20th June, 1990 (No. 90/385/EEC) (1), where uninterrupted functioning is essential and the batteries can be removed only by qualified personnel.
(1) O.J. No. L 189, 20 July 1990.
(c) Transportable appliances intended to be moved from one location to another while in use, or between periods of use, while carried by one or more persons, where replacement of the batteries by unqualified personnel could present safety hazards to the user or could affect the operation of the appliance, and professional equipment, including medical and emergency devices, intended for use in highly sensitive surroundings.
PART II
Article 12
Marking of Batteries
(a) The marking to indicate the heavy metal content of a battery shall consist of the chemical symbol for the heavy metal concerned, that is to say Hg, Cd or Pb in relation to mercury, cadmium or lead, respectively, printed beneath and covering an area of at least one quarter of the size of a symbol for separate collection as described in paragraph (b).
(b) The marking to indicate separate collection shall consist of either of the two symbols shown in Part III of this Schedule and, subject to paragraph (c), shall cover an area not less than 3% of the area of the largest side of the battery, or in the case of a cylindrical cell, an area not less than 3% of half of the surface area, but in any case need not cover an area exceeding 5cm x 5cm.
(c) Where the size of a battery is such that the symbol to indicate separate collection in accordance with paragraph (b) would be smaller than 0.5cm x 0.5cm, it shall not be necessary to mark the battery, but a symbol as described in paragraph (b), measuring not less than 1cm x 1cm, shall be printed on the packaging of the said battery.
PART III
Article 12 and Part II of Second Schedule
Symbols indicating separate collection of batteries
/images/en.si.1998.0163.0001.jpg
SECOND SCHEDULE
Article 14
Labelling of Decontaminated Equipment
Each, item of decontaminated equipment must be clearly marked with an indelible and embossed or engraved sign which must include the following information:
DECONTAMINATED PCB EQUIPMENT
Fluid containing PCBs was replaced
* with ………………………………………………..(name of substitute)
* on …………………………………………………..(date)
* by ………………………………………………….(undertaking)
Concentration of PCBs in
* old fluid …………………………………………..(% by weight)
* new fluid …………………………………………(% by weight)
Dated this 19th day of May, 1998
DAN WALLACE
Minister of State at the Department of the Environment and Local Government
EXPLANATORY NOTE
These Regulations implement provisions of a number of EU Directives relating to asbestos waste, batteries and accumulators, polychlorinated biphenyls (PCBs), waste oils and hazardous wastes generally.
The Regulations come into operation on 20 May, 1998 and replace and update a number of Regulations made under the European Communities Act, 1972 which are revoked with effect from that date by virtue of sections 1 and 6 of the Waste Management Act, 1996 .
S.I. No. 73/2000 –
Waste Management (Hazardous Waste) (Amendment) Regulations, 2000.
In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 7 , 18 , 28 and 29 of the Waste Management Act, 1996 (No. 10 of 1996) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
1. (1) These Regulations may be cited as the Waste Management (Hazardous Waste) (Amendment) Regulations, 2000.
(2) These Regulations shall come into operation on the 1st day of May 2000.
(3) The purposes for which these Regulations are made include the purpose of giving effect to provisions of Commission Directive 98/101/EC of 22 December 1998 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances(1) .
2. The Waste Management (Hazardous Waste) Regulations, 1998 ( S.I. No. 163 of 1998 ) are hereby amended by—
(a) the substitution of the following article for article 9
“9. (1) A person shall not supply or advertise batteries to which this article applies.
(2) Subject to sub-article (3), this article applies to batteries containing more than 0.0005% of mercury by weight, including such batteries incorporated into an appliance.
(3) This article does not apply to button cells and batteries composed of button cells with a mercury content of 2% or less by weight.”.
(b) the substitution of the following sub-article for sub-article 10(2)—
“(2) This article applies to—
(a) batteries placed on the market as from 18 September 1992, which contain—
(i) more than 25mg of mercury per cell, other than in the case of alkaline manganese batteries,
(ii) in the case of alkaline manganese batteries, more than 0.025% of mercury by weight,
(iii) more than 0.025% of cadmium by weight,
(iv) more than 0.4% of lead by weight,
(b) batteries placed on the market as from 1 January 1999, which contain more than 0.0005% of mercury by weight.”.
Dated this 23rd day of March, 2000.
DAN WALLACE,
Minister of State at the Department of the Environment and Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Waste Management (Hazardous Waste) Regulations, 1998 for the purpose of implementing Commission Directive 98/101/EC, which adapts to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances.
(1) O.J. No. L 1/1, 5 January 1999
S.I. No. 324/2011 –
European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011.
TABLE OF CONTENTS
1. Citation and commencement
2. Purpose of Regulations
3. Scope
4. Interpretation generally
5. Designation of competent authority
6. Powers of the competent authority to implement the TFS Regulation and these Regulations
7. General provisions and duties on producers, notifiers, waste holders, carriers, consignees and other persons
8. Tracking System using waste transfer documents
9. Inspections
10. Record keeping
11. Monitoring
12. Service of notices
13. Powers of authorised person
14. Offences
15. Offences by bodies corporate
16. Legal proceedings
17. Prosecutions and penalties
18. Cost of Prosecutions
19. Amendments and revocations
20. Amendment of Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 )
S.I. No. 324 of 2011
EUROPEAN COMMUNITIES (SHIPMENTS OF HAZARDOUS WASTE EXCLUSIVELY WITHIN IRELAND) REGULATIONS 2011
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 1st July, 2011.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the provisions of Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 2006 on shipments of waste1 and further effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives2 , hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011.
(2) These Regulations shall come into effect on 1 July 2011.
Purpose of Regulations
2. The purposes for which these Regulations are made are:
(a) giving effect to the provisions of article 33 of Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 2006 on shipments of waste1 (in these Regulations referred to as the TFS Regulation) and
(b) to give further effect to article 19(2) of the Waste Directive 2 (in these Regulations referred to as the WFD), and
(c) to amend the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ) to give further effect to article 50 of the TFS Regulation.
Scope
3. (1) These Regulations apply to the shipment and transfer of hazardous waste exclusively within the State and set out the duties and responsibilities of waste producers, notifiers, carriers, waste holders and consignees in such matters.
(2) The following shall be excluded from the scope of these Regulations:
(a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 20093 on the geological storage of carbon dioxide or excluded from the scope of that Directive pursuant to Article 2(2) of that Directive,
(b) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land,
(c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated,
(d) radioactive waste,
(e) decommissioned explosives,
(f) faecal matter, if not covered by subparagraph (2)(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such bio-mass through processes or methods which do not harm the environment or endanger human health.
(2) These Regulations shall not apply to the following to the extent that they are covered by other Community acts:
(a) waste waters;
(b) animal by-products, including processed products covered by Regulation (EC) No. 1069/20094 , except those which are destined for incineration, landfilling or use in a biogas or composting plant;
(c) carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No. 1069/20095;
(d) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC of the European Parliament and of the Council of 15 March 20062 on the management of waste from extractive industries.
Interpretation generally
4. (1) A word or expression that is used in these Regulations and is also used in the TFS Regulation has, unless the contrary intention appears, the meaning in these Regulations that it has in the TFS Regulation.
(2) In these Regulations—
(a) any reference to a Regulation or paragraph which is not otherwise identified, is a reference to respectively a Regulation of these Regulations or to a paragraph of the provision in which the reference occurs;
(b)“Act” means the Waste Management Act 1996 ;
(c)“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992);
(d)“authorised person” means a person who is appointed in writing to be an authorised person for the purposes of these Regulations. An appointment of an authorised person for the purposes of these Regulations shall remain in force until such appointment is revoked by an order of the Manager of Dublin City Council;
(e)“broker” means any person arranging the recovery of disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;
(f)“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;
(g)“competent authority” means that body designated as such pursuant to Regulation 5;
(h)“consignee” means the person or undertaking or authorised facility to whom or to which the waste is shipped for recovery or disposal;
(i)“dealer” means any person which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;
(j)“disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. Annex 1 of the WFD sets out a non-exhaustive list of disposal operations;
(k)“hazardous waste” means waste which displays one or more of the hazardous properties listed in Annex III of the WFD;
(l)“notifier” is as defined in the TFS Regulation;
(m)“professional basis” includes for financial reward;
(n)“prosecuting authority” means the Director of Public Prosecutions, the competent authority, the Agency or a local authority;
(o)“recovery” means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II of the WFD sets out a nonexhaustive list of recovery operations;
(p)“shipment” means the transport of hazardous waste destined for recovery or disposal which is planned or takes place exclusively within the State;
(q)“tracking system” and “waste transfer documents” are as referred to in Regulation 8;
(r)“transport” means the carriage of waste by road, rail, air, sea or inland waterways;
(s)“treatment” means recovery or disposal operations, including preparation prior to recovery or disposal;
(t)“waste” means any substance or object which the holder discards or intends or is required to discard;
(u)“waste holder” means the waste producer or the natural or legal person who is in possession of the waste;
(v)“waste management” means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal or recovery facilities, and including actions taken as a dealer or broker;
(w)“waste producer” means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;
(x)“Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 20081 on waste and repealing certain Directives.
Designation of competent authority
5. (1) Dublin City Council is designated the competent authority for the regulation of shipments of hazardous waste exclusively within the State in order to implement article 33 of the TFS Regulation and to give further effect to article 19(2) of the WFD in relation to the shipment or transfer of hazardous waste within the State and to ensure compliance with these Regulations.
(2) In accordance with article 33 of the TFS Regulation the competent authority shall establish an appropriate system for the control of shipments of hazardous waste taking account of the need for coherence with the Community system established for shipments of waste established by Titles II and VII of the TFS Regulation and the WFD and may for the purposes of the enforcement of these Regulations operate both within and outside its functional area.
(3) The competent authority may, for the purposes of paragraph 1, appoint an authorised person. An authorised person within the meaning of section 5 of the Act shall be an authorised person for the purpose of these Regulations.
Powers of the competent authority to implement the TFS Regulation and these Regulations
6. (1) In carrying out its functions under these Regulations, the competent authority shall have the power to do any of the following:
(a) direct that an identification document as prescribed by the competent authority, be used whenever hazardous waste is shipped or transferred within the State,
(b) direct that a prior written notification for consent be sent to and through it for any shipment of hazardous waste in accordance with the procedures set out in Chapter 1 of the TFS Regulation, where it considers it necessary to prevent illegal shipments occurring, and may attach conditions to any such consent issued to those ends,
(c) direct a person who undertakes the shipment of hazardous waste to effect and maintain a financial guarantee where it considers it necessary to prevent illegal shipments occurring,
(d) direct that an agreement or agreements be entered into with one or more appropriate persons by a person undertaking a hazardous waste shipment whereby the first-mentioned person or persons agree or agrees to recover or dispose of the waste,
(e) seize, take in charge, recover or dispose of a consignment of hazardous waste or a part thereof where it has reasonable grounds to suspect that any provision of these Regulations or the TFS Regulation has not been complied with as respects the consignment or a part thereof, as the case may be,
(f) request any local authority or the Agency to cooperate in enforcement activities or incident investigation for the purposes of these Regulations and the local authority so requested or the Agency shall endeavour to cooperate with such a request,
(g) direct the keeping of records by a specified person of the source of, and particulars concerning the transport, delivery and receipt of, hazardous waste and, as the case may be, the recovery or disposal thereof, and the persons to whom such records shall be made available,
(h) direct the prevention and control of litter and nuisance from odours and any other environmental impacts that may arise from the transport of hazardous waste and generally with respect to the handling of hazardous waste whilst it is being moved,
(i) impose on a person undertaking the shipment of hazardous waste such charges as are necessary to defray any costs reasonably incurred by it in performing any function under these Regulations with respect to the waste, including enforcement requirements and charges for waste transfer documents,
(j) direct a person to give such security to it for the payment of any charge he or she may be liable to pay to it pursuant to these Regulations and if a charge is not paid within a period of time prescribed by the competent authority, which shall be not less than one month, the security shall be invoked,
(k) direct a person who undertakes the shipment of hazardous waste to give security of a specified nature to the competent authority or any other specified person in respect of costs which may be incurred by it in taking steps in relation to that waste in the event of a contravention by the first-mentioned person of any provision of these Regulations as respects that waste,
(l) prohibit any shipment of hazardous waste either generally or for such periods as may be specified for the purposes of these Regulations or to comply with recommendations or provisions of the hazardous waste management plan made under section 26 of the Act,
(m) carry out inspections on, in or at any structure, installation, facility, or development; board trains, ships, vehicles, containers water craft or aircraft for the purposes of these Regulations,
(n) direct any establishment or undertaking to provide particular information in relation to a shipment of hazardous waste, including, where required, the completion of a waste transfer document.
(o) serve a notice in writing on any person for any purpose relating to his or her functions under these Regulations.
(2) The powers and functions conferred on the competent authority pursuant to these Regulations may be performed on its behalf by any authorised person duly appointed in writing pursuant to Regulation 5(3).
(3) The competent authority may revoke or modify any prohibition made under this Regulation and notice of any such prohibition, or of any revocation or modification of such prohibition, shall be published in An Iris Oifigiúil and in one or more national daily newspapers not less than fourteen days before such prohibition, revocation or modification shall take effect.
General provisions and duties on producers, notifiers, waste holders, carriers consignees and other persons
7. (1) The waste producer, notifier, waste holder and other persons involved in a shipment of hazardous waste and its preparation for collection, re-use, recovery or disposal and which is subject to these Regulations shall take the measures necessary to ensure that its waste management is carried out without endangering human health or the environment and, in particular, without:
(a) risk to water, air, soil, plants or animals,
(b) causing a nuisance through noise or odours, or
(c) adversely affecting the countryside or places of special interest.
(2) Other than where permitted by the Agency, the waste producer, the notifier, waste holder, carrier, and any other person involved in a shipment of hazardous waste shall take the measures necessary to ensure that such waste is not mixed, either with other categories of hazardous waste or with other waste, substances or materials and such mixing shall include the dilution of hazardous substances.
(3) Whenever hazardous waste is transported or transferred within the State, it shall be accompanied by a waste transfer document as referred to in Regulation 8(2), (unless exempt under Regulation 8(5)), and where directed by the competent authority under Regulation 6.The waste transfer document shall be signed by the producer, carrier and consignee where indicated.
(4) A person shall not compile information which is false or misleading or furnish such information in any notice or other document, such as the waste transfer document, used for the purposes of these Regulations.
(5) A consignee in the State shall only accept a shipment of hazardous waste which is accompanied by a waste transfer document. Where a consignee refuses to receive a shipment because of the absence of a waste transfer document or for other reasons he or she shall as soon as possible furnish a report to the competent authority detailing the reasons why the shipment was not accepted.
(6) A person on whom a direction is served by the competent authority under Regulation 6 shall comply with the requirements of the direction, which shall be in writing, within such period, being a period of not less than three weeks, or as may be specified in the direction in cases of urgency.
(7) A direction served by the competent authority pursuant to Regulation 6 may state a sum to be paid to the competent authority towards the costs reasonably incurred by it in the performance of its functions under these Regulations, including the cost of enforcement, and may provide for a specified time period within which to make such payment which may not be less than three weeks from the issue of said direction and, where the person to whom the said direction is served fails to pay such sum, the competent authority may recover that sum as a simple contract debt in any court of competent jurisdiction.
(8) Where a notifier, producer or waste holder fails to comply with a direction, the competent authority may itself take such steps, including the seizure or taking in charge, recovery or disposal of the waste in question, as it considers necessary to ensure that the waste is recovered or disposed of in an environmentally sound manner.
Tracking system using waste transfer documents
8. (1) The competent authority shall set up a tracking system in electronic format to give effect to the requirements of Regulation 5.
(2) Establishments or undertakings which produce, collect or transport hazardous waste on a professional basis, brokers, dealers and consignees shall comply with the requirements of the competent authority concerning the completion and use of waste transfer documents and the preservation of records in accordance with Regulation 10.
(3) The competent authority may charge for the use of waste transfer documents.
(4) Provided that the requirements of these Regulations are complied with, the competent authority may, where it considers it appropriate, use a general tracking system for shipments meeting the conditions of article 13 of the TFS Regulation and in order to obviate the unnecessary duplication of work by the persons referred to in paragraph 2 or the competent authority.
(5) Without prejudice to paragraph (2), a derogation shall apply to the use of waste transfer documents in respect of shipments of mixed waste produced by households.
(6) Notwithstanding paragraph (1), the competent authority may continue to accept consignment notes in paper form until 31 December 2011.
Inspections
9. (1) Establishments or undertakings which collect or transport hazardous waste on a professional basis, and brokers and dealers of hazardous waste, shall be subject to appropriate periodic inspections by the competent authority for the purposes of these Regulations. The competent authority may request any local authority to cooperate in enforcement activities for the purposes of these Regulations and the local authority so requested shall endeavour to cooperate with such a request. The Agency and the competent authority shall endeavour to cooperate in enforcement activities for the purposes of these Regulations.
(2) Inspections concerning collection and transport operations shall include the origin, nature, quantity and destination of the hazardous waste collected and transported.
Record keeping
10. (1) The establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of the quantity, nature and origin of the waste, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste, and of waste transfer documents and shall make that information available, on request, to the competent authority or the Agency or the local authority in whose functional area the waste is being stored, recovered or treated.
(2) The records shall be preserved for three years and documentary evidence that the collection or transport or waste management have been carried out shall be supplied at the request of the competent authority or the Agency or of a previous holder.
(3) A waste producer or waste holder shall take appropriate steps to obtain documentary evidence that any consignment of hazardous waste which is moved on his or her behalf by a carrier is received by the relevant consignee.
Monitoring
11. (1) Where it appears necessary so to do for any purpose of these Regulations, the competent authority may require any person who collects or transports hazardous waste to carry out or arrange to have carried out such monitoring in relation to the activity concerned as the competent authority may specify and to keep and to supply to the competent authority such records of the said monitoring as the competent authority may specify.
(2) A person who fails to comply with a requirement under this paragraph shall be guilty of an offence.
Service of notices
12. (1) Any notice required to be served or given by or under these Regulations shall be addressed to the person concerned and served or given in one of the following ways—
(a) by addressing it to the person by name and delivering it to him or her,
(b) by leaving it at the address at which the person ordinarily resides,
(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides,
(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address, or
(e) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises.
(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under these Regulations may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.
(3) For the purposes of this Regulation, a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(4) A person shall not at any time during the period of 3 months after a notice is affixed under paragraph (1)(e) remove, damage or deface the notice without lawful authority.
(5) A person who contravenes paragraph (4) shall be guilty of an offence.
Powers of authorised person
13. (1) An authorised person may, for any purpose connected with these Regulations—
(a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of An Garda Síochána) or equipment as he or she may consider necessary for the purpose, and
(b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.
(2) Subject to paragraph (7), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has given to the occupier of the dwelling not less than 24 hours notice in writing of his or her intended entry.
(3) Every authorised person when exercising any power conferred on him or her by or under these Regulations, shall, if requested by any person affected, produce the certificate furnished to him or her under section 14(3) of the Act or under Regulation 5(3).
(4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to this Regulation, the authorised person may therein, as appropriate—
(a) make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,
(b) make such copies of documents and records (including records in electronic form) found therein and take such samples,
(c) carry out such surveys, take such levels, make such excavations and carry out such examinations of depth and nature of subsoil,
(d) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,
(e) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,
(f) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,
as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her by or under these Regulations.
(5)(a) An authorised person who, having entered any premises or boarded any vehicle, pursuant to this Regulation, considers that waste thereon or therein is such, or is being handled or transported in such manner, as to constitute a risk of environmental pollution, may direct the holder of such waste to take such measures as are considered by that authorised person to be necessary to remove that risk, including, the disposal of the waste, in such manner and place and within such period as the authorised person may specify.
(b) If a waste holder fails to comply with a direction of an authorised person under this paragraph, the authorised person may do all things as are necessary to ensure that the direction is carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the holder of the waste by him or her, or the person by whom he or she was appointed, as a simple contract debt in any court of competent jurisdiction.
(6) Any person who—
(a) refuses to allow an authorised person to enter any premises or board any vehicle or to take any person or equipment with him or her in the exercise of his or her powers under this Regulation,
(b) obstructs or impedes an authorised person in the exercise of any of his or her powers under this Regulation,
(c) gives either to an authorised person, a relevant local authority or the Agency, information which to his or her knowledge is false or misleading in a material respect, or
(d) fails or refuses to comply with any requirement of this Regulation or of an authorised person,
shall be guilty of an offence.
(7)(a) Where an authorised person in the exercise of his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this paragraph authorising the entry by the authorised person into the premises.
(b) If on application being made to him or her under this paragraph, a judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in paragraph (4) or (5).
(8) An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under these Regulations, request a member of An Garda Síochána to assist him or her in the exercise of such a power and any member of An Garda Síochána of whom he or she makes such a request shall comply therewith.
Offences
14. (1) Any person who contravenes any provision of these Regulations shall be guilty of an offence.
(2) A person shall not move from the premises where it is being held, or accept, or facilitate by consent, connivance or neglect the movement or acceptance of, hazardous waste otherwise than in accordance with the requirements of these Regulations.
(3) Any person who fails to comply with a requirement, obligation or condition imposed by the competent authority by way of a direction or the service of a notice under the TFS Regulation or these Regulations shall be guilty of an offence.
Offences by bodies corporate
15. (1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Legal proceedings
16. Copies of all notifications, waste transfer documents, consents, certificates, photographs or contracts required by the TFS Regulation and these Regulations and purporting to be certified by an officer of the competent authority to be true copies without proof of signature of the person purporting so to certify shall be received in evidence in any legal proceedings, be admissible and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry and in particular that information contained in those documents shall be admissible in any criminal proceedings as evidence of any fact therein of which direct oral evidence would be admissible.
Prosecutions and penalties
17. (1) A prosecution for a summary offence under these Regulations may be taken by the competent authority or the Agency.
(2) A person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.
Cost of prosecutions
18. Where a person is convicted of an offence under these Regulations in proceedings brought by the prosecuting authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecuting authority, the costs and expenses, measured by the court, incurred by the prosecuting authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers, as the case may be.
Amendments and Revocations
19. (1) Parts V and VI of the Waste Management (Hazardous Waste) Regulations, 1998 ( S.I. No. 163 of 1998 ) shall be revoked with effect from 1 July 2011.
(2) The Waste Management (Movement of Hazardous Waste) Regulations, 1998 ( S.I. No. 147 of 1998 ) are revoked with effect from 31 December 2011.
Amendment to the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 )
20. The Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ) are hereby amended by the addition of the following after Regulation 12—
“Cost of prosecutions
13. (1) Where a person is convicted of an offence under these Regulations in proceedings brought by the prosecuting authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecuting authority, the costs and expenses, measured by the court, incurred by the prosecuting authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers, as the case may be.
(2) In this Regulation “prosecuting authority” means the Director of Public Prosecutions, the competent authority, the Agency or a local authority.”
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Given under my Official Seal,
20 June 2011.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does note purport to be a legal interpretation.)
The purpose of these Regulations is to streamline the administration of the legislation on the shipments of hazardous waste exclusively within Ireland so as to provide a better and more consistent level of implementation generally. In line with the external TFS system of control for shipments of waste from Ireland they provide for the designation of Dublin City Council as the sole competent authority responsible for the implementation of article 33 of the Waste Shipments Regulation (EC) No. 1013/2006 (the TFS Regulation) with effect from 1 July 2011. This will have the effect of linking both systems and facilitate better management controls on shipments of hazardous waste. In addition the internal tracking system will be an electronic system-as opposed to a paper based system which has applied up to the commencement of these Regulations.
In addition, the Regulations:
1. give further effect to article 19(2) of the Waste Framework Directive (Directive 2008/98/EC) of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.( S.I. No. 419 of 2007 )
2. amend the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ) to include a provision concerning the payment of prosecution costs to give further effect to article 50 of the TFS Regulation.
3. revoke provisions of the Waste Management (Hazardous Waste) Regulations, 1998 ( S.I. No. 163 of 1998 ).
4. revoke the Waste Management (Movement of Hazardous Waste) Regulations, 1998 ( S.I. No. 147 of 1998 ) but allow a transitional period until 31 December 2011 before this revocation takes effect-to facilitate the smoother running of the new electronic system and to allow companies who had forward purchased stocks of the old paper consignment note system (known as C1 forms) to use these stocks.
1 OJ No. L 190, 12.7.2006, p.1
2 OJ No. L312, 22.11.2008, p.3
3 OJ No. L140, 05.06.2009, p.114
4 OJ No. L300, 14.11.2009, p.1
2 OJ No. L312, 22.11.2008, p.3
1 OJ No. L 190, 12.7.2006, p.1
S.I. No. 376/2008 –
Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment)(Amendment) Regulations 2008
WASTE MANAGEMENT (RESTRICTION OF CERTAIN HAZARDOUS SUBSTANCES IN ELECTRICAL AND ELECTRONIC EQUIPMENT)(AMENDMENT) REGULATIONS 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 26th September, 2008.
I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by sections 7, 15, 27, 28, 29, 53H, and 62 of the Waste Management Acts 1996 to 2008 and section 53 of the Environmental Protection Agency Acts 1992 and 2003, and following consultation with the Minister for Enterprise, Trade and Employment hereby makes the following Regulations:
1. These Regulations may be cited as the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008.
2. (1) In these Regulations, any reference to an article that is not otherwise identified is a reference to an article of these Regulations.
(2) In these Regulations, any reference to a sub-article that is not otherwise identified is a reference to the sub-article of the provision in which the reference occurs.
(3) In these Regulations, save where the context otherwise requires—
“the Waste Management Acts 1996 to 2008” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), the Waste Management (Environment Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ), the Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ) and the Waste Management (Landfill Levy) Order 2008 ( S.I. No 168 of 2008 );
3. These Regulations shall come into operation on the 26th day of September 2008.
4. The Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341 of 2005 ) are hereby amended by the—
(a) substitution of “ “the Waste Management Acts 1996 to 2005” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003) and the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 )” with “ “the Waste Management Acts 1996 to 2008” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), the Waste Management (Environment Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ), the Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ) and the Waste Management (Landfill Levy) Order 2008 (S. I. No 168 of 2008)” in article 3(3),
(b) deletion of ““Authorised Officer” means a person appointed under Article 15 of these Regulations to be an authorised officer;
“the Board” means the Board of the Environmental Protection Agency;” from article 3(3),
(c) substitution of “FUNCTIONS OF THE AGENCY AND THE BOARD” with “FUNCTIONS OF THE AGENCY” between articles 7 and 8,
(d) addition of the following sub-articles after article 9(2)—
“(3) A producer shall ensure that he or she or a third party acting on his or her behalf has access at all times, at an address in the State, to records of certification of—
(i) compliance by manufacturers and, as appropriate, any person or persons in the supply chain or, as appropriate,
(ii) laboratory testing, where such testing has been commissioned by the manufacturer, any person or persons in the supply chain and, as appropriate, the producer concerned,
in order to verify that any electrical and electronic equipment placed on the market by the producer concerned complies with the requirements of article 5 and that such records be maintained for a period of six years, starting from the end of the year in which the electrical and electronic equipment was placed on the market.
(4) Notwithstanding sub-article (3), a producer or, as appropriate, distributor shall supply any information requested by Agency in the format and within the timeframe specified by the Agency.”,
(e) substitution of “Functions of the Board.” with “Functions of the Agency.” Between articles 9 and 10,
(f) substitution of “Board or, as appropriate, an Authorised Officer becomes” with “Agency becomes” in article 10(1),
(g) substitution of “Board or, as appropriate, an Authorised Officer” with “Agency” in article 11(1),
(h) substitution of “Board or, as appropriate, the Authorised Officer concerned may” with “Agency may” in article 11(1),
(i) substitution of “Board or, as appropriate, the Authorised Officer” with “Agency” in article 11(2),
(j) substitution of “Board or, as appropriate, an Authorised Officer takes” with “Agency takes” in article 11(3),
(k) substitution of “Board or, as appropriate, an Authorised Officer within” with “Agency, within” in article 11(3),
(l) substitution of “Board or, as appropriate, the Authorised Officer concerned shall “Agency shall with ” in article 11(3),
(m) substitution of “Procedure in relation to directions of the Board.” With “Procedure in relation to directions of the Agency.” Between articles 11 and 12,
(n) substitution of “Board or, as appropriate, an Authorised Officer shall” with “Agency shall” in article 12(1),
(o) substitution of “Board or, as appropriate, the Authorised Officer concerned is” with “Agency is” in article 12(1)(a),
(p) substitution of “Board or, as appropriate, the Authorised Officer concerned before” with “Agency before” in article 12(1)(a),
(q) substitution of “Board or, as appropriate, the Authorised Officer concerned has” with “Agency has” in article 12(1)(b),
(r) substitution of “Board or, as appropriate, the Authorised Officer concerned to” with “Agency to” in article 12(1)(b),
(s) substitution of “Board or, as appropriate, an Authorised Officer under” “with Agency under” in article 12(2),
(t) substitution of “Board or, as appropriate, an Authorised Officer is” with “Agency is” in article 12(2),
(u) substitution of “ (a) by delivering it to that person,
(b) by leaving it at the address at which that person carries on business,
(c) by sending it by prepaid registered post to the person at the address at which he or she carries on business,
(d) if an address for the service of directions has been furnished by the person to the Board or, as appropriate, an Authorised Officer, by leaving it at, or sending it by pre-paid registered post to, that address, or
(e) in any case where the Board or, as appropriate, an Authorised Officer considers that the immediate giving of the direction is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or the sender’s facility for the reception of electronic mail generates a message confirming receipt of the electronic mail.” with “(a) in any manner prescribed in section 16 of the Act, or
(b) by leaving it at the address at which that person carries on business, or
(c) by sending it by prepaid registered post to the person at the address at which he or she carries on business, and
(d) in any case where the Agency considers that the immediate giving of the direction is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or the sender’s facility for the reception of electronic mail generates a message confirming receipt of the electronic mail.” In article 12(2),
(v) substitution of “Board or, as appropriate, an Authorised Officer” with “Agency” in article 12(4),
(w) substitution of “Appeals against Directions of the Board.” with “Appeals against Directions of the Agency.” between articles 12 and 13,
(x) substitution of “Board or, as appropriate, an Authorised Officer” with “Agency” in article 13(1),
(y) substitution of “Board or, as appropriate, an Authorised Officer under” with “Agency under” in article 14,
(z) substitution of “Board or, as appropriate, the Authorised Officer concerned may” with “Agency may” in article 14,
(aa) substitution of “Authorised Officers” with “Authorised Persons.” between articles 14 and 15, and
(bb) substitution of article 15 for “An authorised person for the purpose of the Act shall also be an authorised person for the purpose of these Regulations.”.
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GIVEN under my Official Seal
23 September 2008
JOHN GORMLEY
Minister for Environment, Heritage and Local Government
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341 of 2005 ). They clarify that producers must have access in the State to any records that certify that electrical and electronic equipment which he or she has placed on the market is in compliance with the Regulations.
S.I. No. 126/2011 –
European Communities (Waste Directive) Regulations 2011.
Amendment of Waste Management (Licensing) Regulations 2004
57. The Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ) are amended—
(a) in article 3—
(i) by deleting paragraphs (a), (b) and (f),
(ii) in paragraph (h), by deleting “and”,
(iii) in paragraph (i), by substituting “waste, and” for “waste.”, and
(iv) by inserting the following paragraphs after paragraph (i)—
“(j) the Waste Directive,
(k) Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste,
(l) Directive 2006/11/EC of the European Parliament and of the Council of 15 February 200632 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community,
(m) Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration,
(n) Council Directive 91/676/EEC of 12 December 199133 concerning the protection of waters against pollution caused by nitrates from agricultural sources,
(o) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy,
(p) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles as amended by Council Decision 2005/673/EC of 20 September 2005,
(q) Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE), as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003,
(r) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,
(s) Council Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC,
(t) Regulation (EC) No. 2150/2002 of the European Parliament and of the Council of 25 November 200234 on waste statistics, and
(u) Regulation (EC) No. 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC, as amended by Council Regulation (EC) No. 1195/2006 and Council Regulation (EC) No. 172/2007.”,
(b) in article 4(3)—
(i) in the definition of “waste licence”, by substituting “Act.” for “Act;”, and
(ii) by deleting the definition of “waste oils”,
(c) in article 12(1)—
(i) in paragraph (u), by substituting “sub-article,” for “sub-article.”,
and
(ii) by adding the following paragraph after paragraph (u):
“(v) describe how the waste hierarchy in section 21A of the Act is applied.”,
(d) by deleting Article 37, and
(e) in the Third Schedule, by substituting the following for the fourth row of that Schedule:
“Articles 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 27, 28, 29, 31, 34, 35 and 36
Waste Directive ”.
Amendment of Waste Management (Collection Permit) Regulations 2007
58. The Waste Management (Collection Permit) Regulations 2007 ( S.I. No. 820 of 2007 ) are amended—
(a) in article 3—
(i) by deleting paragraphs (a), (b) and (g),
(ii) in paragraph (s), by substituting “EEC,” for “EEC, and”,
(iii) in paragraph (t), by substituting “deterioration, and” for “deterioration.”, and
(iv) by inserting the following paragraph after paragraph (t):
“(u) the Waste Directive.”,
(b) in article 4(2), by deleting the definitions of “biowaste” and “Directive 2006/12/EC”,
(c) in article 21, by inserting the following paragraph after paragraph (o):
“(p) an offence under Part 3 of the Regulations of 2011,”,
(d) in article 29(1), by substituting the following paragraph for paragraph (c):
“(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ), the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ) or the Regulations of 2011,”,
and
(e) in the Fourth Schedule—
(i) by deleting rows 1, 3 and 5, and
(ii) by inserting “Waste Directive” after the last row.
Amendment of Waste Management (Facility Permit and Registration) Regulations 2007
59. The Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ) are amended—
(a) in article 3, by inserting the following sub-articles after sub-article (4):
“(4A) Where an application for a waste facility permit is made in respect of a facility for which a waste licence was granted under section 39(1) of the Act and such facility is eligible for a waste facility permit in accordance with these Regulations, the waste licence shall remain valid until such time as a decision is taken to grant or to refuse a waste facility permit under article 18.
(4B) Where an application for a certificate of registration is made in respect of a facility for which a waste facility permit was granted under article 18 and such facility is eligible for a certificate of registration in accordance with these Regulations, the waste facility permit shall remain valid until such time as a decision is taken to grant or to refuse a certificate of registration under article 37.”,
(b) in article 4—
(i) by deleting paragraphs (a), (b) and (h),
(ii) by inserting the following paragraph after paragraph (x):
“(y) the Waste Directive.”,
(c) in article 5(1), by deleting the definitions of “biowaste” and “Directive 2006/12/EC”, and
(d) in article 6(2)(c)(ii)(B), by substituting “requirements of articles 1, 4 and 13 of the Waste Directive” for “general requirements laid down in article 4 of Directive 2006/12/EC”,
(e) in article 19, by substituting the following sub-article for sub-article (2):
“(2) For the purposes of the attachment by a local authority of conditions to a waste facility permit that may be granted by it in respect of an activity which involves the holding of waste oils, the authority shall take such steps as are necessary for the purposes of compliance with Article 21 of the Waste Directive.”,
(f) in article 22, by substituting the following paragraphs for paragraph (o):
“(o) the contravention of Regulations 6, 7, 8, 9, 10, 11 or 12 of the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ),
(p) an offence under Part 3 of the Regulations of 2011,
(q) an offence under article 43,”,
(g) by deleting article 23,
(h) in article 36(1)—
(i) in paragraph (a), by inserting “and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article” after “reasonable opinion”,
(ii) by substituting the following paragraph for paragraph (c):
“(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ), the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ), the Waste Management (Shipment of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ) or the Regulations of 2011, or”,
(i) in article 38(7)—
(i) in paragraph (a), by inserting “and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article” after “reasonable opinion”,
(ii) by substituting the following paragraph for paragraph (c):
“(c) the activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007 ( S.I. No. 820 of 2007 ), the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ), the Waste Management (Shipment of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ), the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2008 ( S.I. No. 252 of 2008 ), or Part 3 of the Regulations of 2011, or”,
(j) in article 40(2), by substituting the following paragraph for paragraph (a):
“(a) the general requirements of Articles 13 and 36(1) of the Waste Directive, and”, and
(k) in the Second Schedule—
(i) by deleting rows 1, 2 and 8, and
(ii) by inserting “Waste Directive” after the last row.
Amendment of section 3A of Environmental Protection Agency Act 1992
60. Section 3A (inserted by section 5 of the Protection of the Environment Act 2003 (No. 27 of 2003)) of the Environmental Protection Agency Act 1992 (No. 7 of 1992) is amended by deleting “Council Directive 96/61/EC of 24 September 1996” and substituting “Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008.”.
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GIVEN under my Official Seal,
31 March 2011.
PHIL HOGAN,
Minister for the Environment, Heritage and Local Government.
S.I. No. 33/1982 –
The European Communities (Toxic and Dangerous Waste) Regulations, 1982.
THE EUROPEAN COMMUNITIES (TOXIC AND DANGEROUS WASTE) REGULATIONS, 1982.
The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 20th March, 1978 No. 78/319/EEC* hereby makes the following Regulations:—
*O.J. No. L 84/43, 31st March, 1978.
1 Citation and commencement.
1. (1) These Regulations may be cited as the European Communities (Toxic and Dangerous Waste) Regulations, 1982.
(2) These Regulations shall come into operation on the 1st day of January, 1983.
2 Interpretation.
2. (1) In these Regulations—
“authorised person” means a person appointed by a local authority or by the Minister to be an authorised person for the purposes of these Regulations;
“Community” means the European Economic Community;
“the Council Directive” means the Council Directive of 20th March, 1978 No. 78/319/EEC;
“disposal” includes the collection, sorting, carriage and treatment of toxic and dangerous waste as well as its storage and tipping above or under ground and the transformation operations necessary for its recovery, re-use or recycling and cognate words shall be construed accordingly;
“local authority” means—
( a ) in the case of the administrative county of Dublin, excluding the borough of Dún Laoghaire, the Council of the County of Dublin,
( b ) in the case of the borough of Dún Laoghaire, the corporation of the borough,
( c ) in the case of a county borough, the corporation of the county borough, and
( d ) in the case of any other administrative county, the council of the county;
“the Minister” means the Minister for the Environment;
“special waste plan” has the meaning assigned to it by article 4 (1) of these Regulations;
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary appears, the meaning in these Regulations that it has in that Directive.
(3) Where toxic and dangerous waste is imported into the State, the waste shall be regarded for the purposes of these Regulations as having been produced at the point of entry by the importer or the person who receives it at the point of entry on the importer’s behalf.
3 Designation of responsible authorities.
3. Each local authority shall be responsible for the planning, organisation, and supervision of operations for the disposal of toxic and dangerous waste in their area and the authorisation of the storage, treatment and depositing of such waste.
4 Special waste plans.
4. (1) Each local authority shall as soon as may be prepare a plan (in these Regulations referred to as a “special waste plan”) for the disposal of toxic and dangerous waste indicating—
( a ) the types and quantities of toxic and dangerous waste to be disposed of;
( b ) the methods of disposal;
( c ) specialised treatment centres where necessary;
( d ) suitable disposal sites.
(2) A special waste plan shall be designed to secure that toxic and dangerous waste is disposed of without endangering human health and without harming the environment and, in particular—
( a ) without risk to water, air, soil, plants or animals;
( b ) without causing a nuisance through noise or odours; and
( c ) without adversely affecting the countryside or places of special interest.
(3) A special waste plan may include the estimated costs of disposal operations and such other matters as the local authority may consider appropriate having regard to the purposes of the Council Directive.
(4) Where a local authority have made a special waste plan they shall, from time to time as occasion may require or whenever they are directed to do so by the Minister, review the plan and make any variations in it (whether by way of alteration, addition or deletion) which they consider proper or make a new plan.
(5) Where a local authority make a special waste plan or variations of any such plan, they shall cause a notice of making to be published in at least one newspaper circulating in their area.
(6) A notice under subarticle (5) of this article shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly).
5 Permits.
5. (1) A local authority may issue a permit to any person, including another local authority, for the storage, treatment or deposit of toxic and dangerous waste in their area.
(2) A permit under this article shall specify—
( a ) the type and quantity of waste;
( b ) the technical requirements;
( c ) the precautions to be taken;
( d ) the disposal sites;
( e ) the methods of disposal.
(3) A permit under this article may—
( a ) include conditions and obligations;
( b ) require that there be made available to the local authority information in relation to the waste;
( c ) be granted for a specified period; and
( d ) be renewed.
(4) A person, other than a local authority acting in its own area, shall not carry out the storage, treatment or deposit of toxic and dangerous waste, whether on his own behalf of that of another person, without an appropriate permit issued in pursuance of this article or in a manner contravening the terms of such permit.
(5) A person producing or holding toxic and dangerous waste who does not hold a permit under this article shall as soon as possible have such waste stored, treated or deposited by a person holding an appropriate permit or by a local authority.
6 Requirements in relation to the handling, storage and disposal of toxic and dangerous waste.
6. (1) A person shall not abandon toxic and dangerous waste or consign, tip, carry or discharge toxic and dangerous waste otherwise than in accordance with these Regulations.
(2) A person collecting, transporting, storing or depositing toxic and dangerous waste shall ensure that such waste is kept separate from other matter and residues in any case where contact with such matter or residues would be likely to give rise to a danger to human health or to harm the environment.
(3) A person consigning toxic and dangerous waste shall ensure that the packaging of the waste is appropriately labelled, the labels to indicate in particular the name and address of the producer of the waste, its nature, composition and quantity and, where applicable, the need to keep the waste separate from other matter and residues.
(4) A person transporting or storing toxic and dangerous waste shall take due precautions to ensure that the labelling provided for the waste is maintained in a legible condition.
7 Registers of toxic and dangerous waste operations.
7. (1) The holder of a permit under article 5 of these Regulations and any person producing, holding or disposing of toxic and dangerous waste shall maintain a register of such operations showing the quantity, nature, physical and chemical characteristics and origin of such waste and of the methods and sites used for disposing of such waste, including, where applicable, the dates of receipt and disposal and shall make the register available for examination by any authorised person and shall provide any relevant information when so requested by an authorised person.
(2) Any person disposing of toxic and dangerous waste by way of deposit on land shall record the location of each deposit of such waste and such records shall be regarded as being part of the register kept pursuant to subarticle (1) of this article.
(3) The records required to be kept in accordance with subarticle (2) of this article shall comprise a plan marked with a grid by means of which the location of deposits may be determined.
(4) Deposits recorded pursuant to subarticle (2) of this article shall be described by reference to the entries in the register kept in accordance with subarticle (1).
(5) Records kept pursuant to subarticle (2) of this article shall be sent to the local authority for the area for retention when the permit expires or is surrendered or when the depositing of waste on the site has ceased, whichever sooner occurs.
8 Consignment notes.
8. (1) Consignment notes shall be completed and dealt with in accordance with subarticle (3) or subarticle (4) as appropriate) of this article in respect of every consignment of toxic and dangerous waste (other than movements of waste within the premises where it is produced, or is being stored, treated or deposited).
(2) Consignment notes shall—
( a ) where they are to be used for a consignment to a destination within the State, be in the form set out in Schedule 1 to these Regulations and otherwise be in the form set out in Schedule 2 to these Regulations;
( b ) before use, be bound in books and be numbered serially in quintuplicate;
( c ) have printed on each copy instructions as to how the copy should be dealt with.
(3) Where the waste is being consigned to a destination within the State, the following provisions shall apply:—
( a ) the producer or holder of the waste (as the case may be) or his representative shall, before despatching the consignment, complete Part A on all five copies in a set of the appropriate consignment notes and the person collecting the waste shall complete Part B on all five copies, which Part shall be witnessed by the producer or holder of the waste or his representative;
( b ) the producer or holder shall—
(i) give the top four copies of the consignment note to the person collecting the waste for transport; and
(ii) retain the remaining copy;
( c ) the person transporting the waste shall ensure that the waste while in transit is accompanied by the copies of the consignment note given to him in accordance with paragraph (b) of this subarticle and, when delivering the waste to the person to whom it has been consigned, give the four copies of the consignment note to that person;
( d ) the person receiving the waste shall—
(i) complete Part C on the four copies;
(ii) retain a copy;
(iii) return a copy to the person who delivered the waste;
(iv) send a copy to the local authority for the area where the waste was produced or last held, as the case may be; and
(v) send a copy to the local authority for the area in which the waste is received.
( e ) the person who delivered the waste shall retain the copy of the consignment note returned to him by the person receiving the waste.
(4) Where the waste is to be consigned to a destination outside the State the following provisions shall apply:—
( a ) the producer or holder of the waste (as the case may be) or his representative shall, before despatching the consignment, complete Part A on the five copies in a set of the appropriate consignment notes and the person collecting the waste shall complete Part B on all five copies, which Part shall be witnessed by the producer or holder of the waste or his representative;
( b ) the producer or holder shall—
(i) give a copy of the consignment note to the person collecting the waste for transport;
(ii) send two copies to the local authority for the area where the waste then is;
(iii) attach a copy to the documents being sent to the person who will receive the waste at the point of entry to the country to which the waste is being consigned; and
(iv) retain the remaining copy;
( c ) the person transporting the waste shall ensure that the waste while in transit is accompanied by the copy of the consignment note given to him in accordance with subparagraph (b) (i) of this subarticle until such time as the waste either leaves the State or is accepted for loading on a ship or an aircraft for the purpose of export and he shall, thereafter, retain the form;
( d ) subject to subparagraph (e) of this subarticle, the producer or holder shall obtain documentary evidence of the arrival of the waste at its destination and retain such evidence until a date two years after the date of export;
( e ) where, by reason of the loss of the waste in transit or any other cause, the producer or holder is unable to comply with paragraph (d) of this subarticle, he shall inform the local authority of the circumstances which prevented compliance with that paragraph.
(5) Except where alternative arrangements are agreed with the local authority concerned, all forms to be sent to local authorities in accordance with subarticles (3) and (4) of this article shall be sent not later than the day (excluding any day that is a Saturday, Sunday, Good Friday and any day that is a public holiday for the purpose of the Holiday (Employees) Act, 1973 (No. 23 of 1973)) next following the day on which the waste is consigned or received (as the case may be).
(6) Consignment notes retained pursuant to subarticles (3) and (4) of this article shall be kept for at least two years from the date of the completion of the movement of waste to which they refer.
9 Powers of authorised persons.
9. (1) An authorised person shall have power to—
( a ) enter, inspect, examine and search at any reasonable time—
(i) any structure, premises or other land in or on which he has reasonable cause to believe that toxic and dangerous waste is being produced or held or is being disposed of; or
(ii) any vehicle or container which he has reasonable cause to believe is being used for the holding or disposal of toxic and dangerous waste;
( b ) require the person who appears to him to be in charge of such structure, premises or other land or vehicle or container to produce any substance or object which is in the possession or under the control of that person and which the authorised person suspects of being or containing toxic and dangerous waste and may require such person, or any person employed in or on such structure, premises or other land or vehicle, to produce any books, records or other documents which relate to any such substance or object;
( c ) inspect any substance or object and any book, record or other document produced in accordance with a requirement under these Regulations and, if he thinks fit, make a copy of an entry in such book, record or document;
( d ) make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with; and
( e ) in case, in the course of exercising a power conferred on him by this article, an authorised person finds or has produced to him any substance or object which appears to him to be or to contain toxic and dangerous waste, require the person who appears to him to be in control of such substance or object to give to him such information as it is in that person’s power to give as to who is the owner of the substance or object and the origin thereof.
(2) When exercising any powers conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.
10 Penalties.
10. A person who contravenes or fails to comply with a provision of these Regulations (other than article 4) or who obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
11 Prosecutions.
11. A prosecution for an offence under these Regulations may be taken—
( a ) in the case of obstruction of or interference with an authorised person appointed by the Minister, and
( b ) in any other case, by the local authority.
12 Regulations not to apply to certain wastes.
12. These Regulations shall not apply to—
( a ) radioactive waste;
( b ) animal carcases and agricultural waste of faecal origin;
( c ) explosives;
( d ) hospital waste;
( e ) effluents discharged into sewers and watercourses;
( f ) emissions to the atmosphere;
( g ) household waste;
( h ) mining waste;
( i ) other toxic and dangerous waste covered by specific Community rules.
13 S.I. No. 390 of 1979 .
13. The European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ) shall not apply to toxic and dangerous waste.
SCHEDULE 1
Form C.1.
Regulation 8 (2)
European Communities (Toxic and Dangerous Waste) Regulations, 1982.
Consignment note for consignments of toxic and dangerous waste.
(Not to be used for export consignments)
No. …………………………………………………… .
PART A (to be completed by the producer/holder of the waste)
I certify that the waste described hereunder originated from
(process)
…………………………………………………… …………………………………………………… ……….
by (name and address of waste producer) …………………………………………………… ……………………..
…………………………………………………… …………………………………………………… ……………………………
at …………………………………………………… …………………………………… in the local authority area of
……………………………………………….. and is to be taken to …………………………………………………… …
…………………………………………………… …………………………………………………… ……………………………
Description (type, nature, appearance, etc. of waste)
Components which are toxic/dangerous (giving concentrations in each case)
Quantity (including a statement of the size, type and number of containers)
Hazardous properties and special handling instructions (if any)
Signed …………………………………………………… ……………….. Date …………………………………………….
Name (block letters) …………………………………………………… ……………………………….. on behalf of.
…………………………………………………… …………………………………………………. Tel. No…………………
Position held by person signing …………………………………………………… …………………………………..
Local authority area …………………………………………………… ……………………………………………………
PART B (to be completed by the person collecting the waste)
I certify that I collected the waste described in Part A
on (date) …………………………………………………… ………… at (time ……………………………. and that I
have been informed of the hazards as set out in that Part.
Signed …………………………………………………… ……………. on behalf of……………………………………….
Signature of producer/holder or his representative as witness ………………………………………………..
…………………………………………………… …………………………………………………… …………………………….
PART C (to be completed by the person receiving the waste on behalf of a treatment, storage or disposal facility).
Name and address of facility …………………………………………………… ……………………………………….
…………………………………………………… …………………………………… Tel. No. ………………………………
I certify that the waste described in Part A was delivered to me in vehicle
(Reg. No.) …………………………………………………
at (time)
………………. on (date)
…………………………………………………… …………………………
and the carrier gave his name as
…………………………………………………… …………………………………………………… …
on behalf of
…………………………………………………… …………………………
The waste was accepted under
the terms of Permit No. …………………………………………………… ….
issued by (local authority)
…………………………………………………… ……………….
The waste will be finally disposed of at
…………………………………………………… ……..Signed
……………………………………………….. Date
…………………………………………………… ……..
Name (block letters) Position held by person
signing
…………………………………………………… …………………………………………………… …………….
SCHEDULE 2
Form C.2.
Regulation 8 (2)
European Communities (Toxic and Dangerous Waste) Regulations, 1982.
Consignment note for export consignments of toxic and dangerous waste.
(Not to be used for consignments to destinations within the State)
No. …………………………………………………… ……
PART A (to be completed by the producer/holder of the waste)
I certify that the waste described hereunder originated from
(process)
…………………………………………………… …………………………………………………… ………..
by (name and address of waste producer)
…………………………………………………… ……………
at …………………………………………………… …………………………………….. in the local authority area of
…………………………………………………… ……………………………….. and is being exported to (name and
address of consignee) …………………………………………………… ……………………………………………. The
ultimate disposer of the waste will be …………………………………………………… …………………….. and
the public authority responsible for waste disposal in the area where the
waste is to be disposed of is …………………………………………………… ……………………………………………
Description (type, nature, appearance, etc. of waste)
Components which are toxic/dangerous (giving concentrations in each case)
Quantity (including a statement of the size, type and numbers of containers)
Hazardous properties and special handling instructions (if any)
Signed …………………………………………………… …………..
Date ………………………………………………..
Name (block letters) …………………………………………………… ……………………………………. on behalf of
…………………………………………………… ………………………
Tel. No. ……………………………………………
Position held by person signing …………………………………………………… ………………………………………..
Local authority area …………………………………………………… …………………………………………………… …..
PART B (to be completed by the person collecting the waste)
I certify that I collected for export to the consignee named in Part A the waste described in that Part on (date) …………………………….. at (time) ………………………………….. and that I have been informed of the hazards as set out in that Part.
Signed …………………………………………………… …….
on behalf of ……………………………………………
Signature of producer/holder or his representative as witness
…………………………………………………… …………………………………………………… ……………………………..
GIVEN under the Official Seal of the Minister for the Environment
this 3rd day of March, 1982.
PETER BARRY
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations give effect to the Council Directive of 20th March 1978 (78/319/EEC) on toxic and dangerous waste. In the Regulations “toxic and dangerous waste” has the same meaning as in the Directive, namely, “any waste containing or contaminated by the substances and materials listed in the Annex to the Directive of such a nature, in such quantities or in such concentrations as to constitute a risk to health or the environment”. These substances and materials are—
Arsenic; arsenic compounds
Mercury; mercury compounds
Cadmium; cadmium compounds
Thallium; thallium compounds
Beryllium; beryllium compounds
Chrome 6 compounds
Lead; lead compounds
Antimony; antimony compounds
Phenols; phenol compounds
Cyanides, organic and inorganic
Isocyanates
Organic-halogen compounds, excluding inert polymeric materials and other substances referred to in this list or covered by other Directives concerning the disposal of toxic or dangerous waste
Chlorinated solvents
Organic solvents
Biocides and phyto-pharmaceutical substances
Tarry materials from refining and tar residues from distilling
Pharmaceutical compounds
Peroxides, chlorates, perchlorates and azides
Ethers
Chemical laboratory materials, not identifiable and/or new, whose effects on the environment are not known
Asbestos (dust and fibres)
Selenium; selenium compounds
Tellurium; tellurium compounds
Aromatic polycyclic compounds (with carcinogenic effects)
Metal carbonyls
Soluble copper compounds
Acids and/or basic substances used in the surface treatment and finishing of metal
The Regulations do not, apply to wastes of certain kinds (as listed in article 12) which are excluded from the scope of the relevant directive by article 3 thereof.
The Regulations designate the local authorities responsible for the planning, organisation, and supervision of operations for the disposal of toxic and dangerous waste in their areas and the authorisation of the storage, treatment and depositing of such waste. The Regulations also require those authorities to draw up plans entitled “special waste plans” for the safe disposal of toxic and dangerous waste. Any person storing, treating or depositing toxic and dangerous waste must have a permit from the appropriate local authority and may store, treat and deposit such waste only in such a manner as will not contravene the terms of the permit. Persons not holding a permit who are producers or holders of toxic and dangerous waste are required to have such waste stored, treated or deposited as soon as possible by a person holding an appropriate permit. Requirements are laid down in relation to the handling, storage and disposal of toxic and dangerous waste. The Regulations also require holders of permits and any persons producing, holding, transporting, treating or disposing of toxic and dangerous waste to maintain a register of such operations.
Persons transporting toxic and dangerous waste must ensure that it is accompanied by a consignment note in a prescribed form containing details of the waste. Consignment notes must be dealt with in accordance with procedures laid down in the Regulations. “Authorised persons”, i.e., persons appointed for the purposes of the Regulations by the Minister for the Environment or by the local authority, are given powers of inspection and examination in connection with the enforcement of the Regulations.
Conviction of an offence under the Regulations renders a person liable to a fine not exceeding £1,000 or imprisonment for not more than six months or both.
S.I. No. 30/1990 –
The European Communities (Asbestos Waste) Regulations, 1990.
THE EUROPEAN COMMUNITIES (ASBESTOS WASTE) REGULATIONS, 1990.
In exercise of the powers conferred on the Minister for the Environment by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of the 19th day of March, 1987, No. 87/217/EEC,* which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1989 ( S.I. No. 270 of 1989 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—
*O.J. No. L85/40, 28 March, 1987.
1. (1) These Regulations may be cited as the European Communities (Asbestos Waste) Regulations, 1990.
(2) These Regulations shall come into operation on the 1st day of March, 1990.
2. In these Regulations:—
“asbestos” means the following fibrous silicates:
—crocidolite (blue asbestos)
—actinolite,
—anthophyllite,
—chrysotile (white asbestos)
—amosite (brown asbestos)
—tremolite;
“authorised person” means a person appointed by a local authority or by the Minister for the Environment to be an authorised person for the purposes of these Regulations;
“local authority” means—
( a ) in the case of the administrative county of Dublin, excluding the borough of Dun Laoghaire, the council of the county of Dublin,
( b ) in the case of the borough of Dun Laoghaire, the corporation of the borough,
( c ) in the case of a county borough, the corporation of the county borough, and
( d ) in the case of any other administrative county, the council of the county;
“permit holder” means a person holding a permit under Article 5 of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ) for the storage, treatment or deposit of asbestos waste.
3. A person transporting or depositing waste, whether liquid or solid, containing asbestos fibres or asbestos dust shall ensure that no such fibre or dust is released into the air or spilled.
4. (1) Where liquid or solid waste containing asbestos fibres or asbestos dust is deposited by a local authority or by a permit holder, such local authority or permit holder shall ensure that the waste is treated, packaged or covered in such a manner that the release of asbestos particles into the environment is prevented.
(2) Without prejudice to the generality of sub-article (1) of this Article, the requirement of that sub-article shall be deemed to be satisfied if—
( a ) prior to deposit, the waste is packaged in strong double-walled plastic sacks, or other containers of equivalent properties,
( b ) all requisite steps are taken to ensure that the sacks or other containers shall not be punctured during the course of deposit,
( c ) the waste is deposited at least two metres below the surface and from the nearest flank of the disposal site, and
( d ) where there is any risk of migration from the disposal site, the waste is encapsulated in a cement or other mix.
5. Nothing in these Regulations shall affect the obligations imposed by the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ).
6. (1) An authorised person shall have power to make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with.
(2) When exercising any power conferred by these Regulations, an authorised person shall, if so required, produce evidence of his appointment.
(3) A person shall not obstruct an authorised person in the course of exercising a power conferred on him by these Regulations.
7. (1) A person who contravenes or fails to comply with a provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000, or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(2) A prosecution for an offence under these Regulations may be taken by the local authority within whose functional area the offence is committed or by the Minister for the Environment.
Dated this 8th day of February, 1990.
MARY HARNEY,
Minister of State at the Department of
the Environment.
EXPLANATORY NOTE.
These Regulations give effect to Council Directive 87/217/EEC of 19th March, 1987 on the prevention and reduction of environmental pollution by asbestos in so far as it relates to the disposal of waste asbestos. They include provisions with respect to the transport and deposit of such waste and provide for penalties for contravention or failure to comply with specified requirements.
S.I. No. 90/1994 –
European Communities (Asbestos Waste) Regulations, 1994.
EUROPEAN COMMUNITIES (ASBESTOS WASTE) REGULATIONS, 1994.
In exercise of the powers conferred on the Minister for the Environment by section 3 of the European Communities Act, 1972 (No. 27 of 1972), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), and for the purpose of giving effect to the Council Directive of 19th day of March, 1987, No. 87/217/EEC,* I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:
1. (1) These Regulations may be cited as the European Communities (Asbestos Waste) Regulations, 1994.
(2) These Regulations shall come into operation on the 1st day of June, 1994.
(3) These Regulations and the European Communities (Asbestos Waste) Regulations, 1990 ( S.I. No. 30 of 1990 ) shall be construed together and may be cited together as the European Communities (Asbestos Waste) Regulations, 1990 and 1994.
2. A person who carries on an activity (other than an activity in relation to which a licence or revised licence granted under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is in force) which gives rise to the production of asbestos waste shall take the measures necessary to ensure that the asbestos waste arisings are, as far as reasonably practicable, reduced at source or prevented.
3. (1) The measures to be taken to comply with Article 2 of these Regulations shall, in the case of an activity to which this article applies, entail using the best available technology not entailing excessive cost including, where appropriate, recycling or treatment.
* O.J. No. L85/40. 28 March, 1987.
(2) This article applies to an activity which involves the handling of a quantity of more than 100 kilograms of raw asbestos per year and which comprises:
( a ) the production of raw asbestos from asbestos ore excluding any process directly associated with the mining of the ore, or
( b ) the manufacturing and industrial finishing of any of the following products using raw asbestos: asbestos cement or asbestos-cement products, asbestos friction products, asbestos filters, asbestos textiles, asbestos paper and card, asbestos jointing, packaging and reinforcement materials, asbestos floor coverings, asbestos fillers.
4. Nothing in these Regulations shall affect the requirements of the Air Pollution Act, 1987 (Emission Limit Value for Use of Asbestos) Regulations, 1990 ( S.I. No. 28 of 1990 ) or the European Communities (Control of Water Pollution by Asbestos) Regulations, 1990 ( S.I. No. 31 of 1990 ).
Dated this 20th day of April, 1994.
JOHN BROWNE,
Minister of State at the Department of
the Environment.
EXPLANATORY NOTE.
These Regulations are in addition to the European Communities (Asbestos Waste) Regulations, 1990. They implement certain provisions, relating to the reduction or prevention of asbestos waste arisings, of Council Directive 87/217/EEC of 19th March, 1987, on the prevention and reduction of environmental pollution by asbestos.
S.I. No. 64/1998 –
European Communities (Licensing of Incinerators of Hazardous Waste) Regulations, 1998
EUROPEAN COMMUNITIES (LICENSING OF INCINERATORS OF HAZARDOUS WASTE) REGULATIONS, 1998
In exercise of the powers conferred on the Minister for the Environment and Local Government by section 3 of the European Communities Act, 1972 (No. 27 of 1972), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions)(No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), and for the purpose of giving effect to Council Directive 94/67/EC of 16 December, 1994 on the incineration of hazardous waste (1), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
(1)O.J. No. L 365/34, 31 December, 1994
1 Citation.
1. These Regulations may be cited as the European Communities (Licensing of Incinerators of Hazardous Waste) Regulations, 1998.
2 Interpretation.
2. In these Regulations, save where the context otherwise requires—
“activity” has the meaning assigned to it by section 3 of the Act of 1992;
“the Act of 1992” means the Environmental Protection Agency Act, 1992 (No. 7 of 1992);
“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;
“the Council Directive” means Council Directive 94/67/EC of 16 December, 1994 on the incineration of hazardous waste;
“licence or revised licence” means a licence or revised licence within the meaning of Part IV of the Act of 1992.
3 Application
3. (1) Subject to subarticle (2) of this article, these Regulations apply to an activity which comprises the incineration of hazardous waste by oxidation, with or without the recovery of the combustion heat generated, including pretreatment of such waste prior to incineration, the burning of such waste as a regular or additional fuel for any industrial process, pyrolysis or other thermal treatment processes (insofar as the products of such processes are subsequently incinerated).
(2) These Regulations do not apply to an activity which comprises —
(a) the incineration of hazardous waste of a type which is excluded from the scope of the Council Directive by virtue of article 2.1 of that Directive, or
(b) the incineration of hazardous waste at an incinerator of a type which is excluded from the scope of the Council Directive by virtue of article 2.2 of that Directive.
4 Matters on which the Agency must be satisfied.
4. Without prejudice to section 83(3) of the Act of 1992, the Agency shall not grant a licence or revised licence in relation to an activity to which these Regulations apply unless it is satisfied that the activity will be carried on in a manner, and in a premises, which complies with the requirements of articles 3.1 and 3.4 of the Council Directive.
5 Conditions necessary to give effect to certain provisions of the Council Directive
5. Notwithstanding sections 83(1) and 84 of the Act of 1992, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which these Regulations apply such conditions as are, in the opinion of the Agency, necessary to give effect to articles 3 to 12 of the Council Directive.
6 Existing activities.
6. Notwithstanding section 88(1) of the Act of 1992, the Agency shall, as soon as may be but in any event not later than the 1st day of July, 2000, review any licence or revised licence granted in relation to an activity to which these Regulations apply in case where such licence or revised licence was granted by the Agency prior to the 31st day of December, 1996.
Dated this 11th day of March, 1998
DAN WALLACE
Minister of State at the Department of the Environment and Local Government
EXPLANATORY NOTE
These Regulations implement EU Council Directive 94/67/EC of 16 December, 1994 on the incineration of hazardous waste. The Directive specifies certain standards and other requirements to be applied in relation to certain types of incinerators. The Regulations provide for implementation of the Directive in the context of the licensing system operated by the EPA in relation to such facilities under the Environmental Protection Agency Act 1992 .
S.I. No. 86/2009 –
European Communities (Supervision and Control of Certain Shipments of Radioactive Waste and Spent Fuel) Order, 2009
EUROPEAN COMMUNITIES (SUPERVISION AND CONTROL OF CERTAIN SHIPMENTS OF RADIOACTIVE WASTE AND SPENT FUEL) ORDER, 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 24th March, 2009.
WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007) (hereinafter referred to as the Act of 1972) and section 9(1) and section 30 of the Radiological Protection Act 1991 (No. 9 of 1991) as amended, consider it necessary for the purpose of giving full effect to the provisions of Council Directive 2006/117/Euratom of 20 November 20061, to make provision for offences under the following orders to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following Orders are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following Orders:
NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007) and section 9(1) and section 3 0 of the Radiological Protection Act 1991 (No. 9 of 1991) as amended for the purpose of giving effect to Council Directive 2006/117/Euratom of 20 November 2006 1 hereby makes the following Orders
Citation
1. (1) These Orders may be cited as the European Communities (Supervision and Control of Certain Shipments of Radioactive Waste and Spent Fuel) Order, 2009.
(2) These Orders shall come into operation on the 19th day of March, 2009.
Interpretation
2. (1) In these Orders, except where the context otherwise requires—
“Competent Authority” means any authority which, under the law or regulations of the countries of origin, transit or destination, is empowered to implement the system of supervision and control of shipments of radioactive waste or spent fuel;
“consignee” means any natural or legal person to whom radioactive waste or spent fuel is shipped;
“country or Member State of origin” and “country or Member State of destination” respectively means any country or Member State from which a shipment is planned to be initiated or is initiated, and any country or Member State to which a shipment is planned or takes place;
“country or Member State of transit” means any country or Member State other than the country or the Member State of origin or the country or the Member State of destination, through the territory of which a shipment is planned or takes place;
“disposal” means the emplacement of radioactive waste or spent fuel in an authorised facility without the intention of retrieval;
“disused source” means a sealed source which is no longer used or intended to be used for the practice for which authorisation was granted;
“duly completed application” means an application submitted to the Institute using the standard document for the supervision and control of shipments of radioactive waste and spent fuel;
“extra-community shipment” means a shipment carried out where the country of origin and/or the country of destination are third countries;
“holder” means any natural or legal person who, before carrying out a shipment of radioactive waste or spent fuel is responsible under the applicable national law for such materials and plans to carry out a shipment to a consignee;
“intra-community shipment” means a shipment carried out where the country of origin and the country of destination are Member States;
“Member State” means a Member State of the European Community;
“place of origin” and “place of destination” mean places situated in two different countries, either Member States or third countries and “country of origin” and “country of destination” shall be construed accordingly;
“radioactive waste” means radioactive material in gaseous, liquid or solid form for which no further use is foreseen by the countries of origin and destination, or by a natural or legal person whose decision is accepted by these countries, and which is controlled as radioactive waste by a regulatory body under the legislative and regulatory framework of the countries of origin and destination;
“recognised installation” means a facility located in the territory of a country authorised by the competent authorities of that country in accordance with national law for the long-term storage or disposal of sealed sources or an installation duly authorised under national law for the interim storage of sealed sources;
“reprocessing” means a process or operation, the purpose of which is to extract radioactive isotopes from spent fuel for further use;
“shipment” means the whole of operations involved in moving radioactive waste or spent fuel from the country or the Member State of origin to the country or the Member State of destination;
“sealed source” has the meaning given to it by Directive 96/29/Euratom and includes the capsule, where applicable, enclosing the radioactive material as an integral part of the source;
“spent fuel’ means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be considered as usable resource that can be reprocessed or be destined for final disposal with no further use foreseen and treated as radioactive waste;
“standard document” means the document referred to under Article 17 of Council Directive 2006/117/Euratom and subsequently established under Commission Decision 2008/312/Euratom 2 ;
“storage” means the holding of radioactive waste or spent fuel in a facility that provides for its containment, with the intention of retrieval;
“the Directive” means Council Directive No. 2006/117/Euratom of 20 November, 2006;
“the Institute” means the Radiological Protection Institute of Ireland which is considered to be the Competent Authority of the State;
“the Minister” means the Minister for the Environment, Heritage and Local Government;
“the Order of 2000” means the Radiological Protection Act, 1991 (Ionising Radiation) Order, 2000, ( S.I. No. 125 of 2000 ), as amended by the Radiological Protection Act 1991 (Licensing Application and Fees) Regulations 2007, ( S.I No. 654 of 2007 )
“third country” means a State other than a Member State.
(2) A word or expression that is used in these Orders and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Orders as it has in the Directive.
Application
3. (1) These Orders apply to shipments of radioactive waste and spent fuel in transit through the State, between the State and other Member States and between the State and third countries whenever the quantities and concentration of the consignment exceed the levels laid down in the Order of 2000.
(2) These Orders do not apply to—
(a) a shipment of disused sources to a supplier or manufacturer of radioactive sources or to a recognised installation;
(b) a shipment of radioactive materials recovered for further use through reprocessing; or
(c) a shipment of waste that contains only naturally occurring radioactive material that does not arise from practices.
(3) Transport operations under these Orders shall comply with the provisions of the law of the State, guidelines for drivers prepared by the Institute, acts adopted by the institutions of the Community, and international agreements on the transport of radioactive materials.
(4) The Institute in authorising or granting consent to any shipment may impose such conditions as it deems necessary. Any such conditions and the reasons for same shall be specified in the authorisation or consent.
(5) An authorisation or consent granted by the Institute under this Order shall be regarded as a licence issued pursuant to an order made under section 30 of the Radiological Protection Act 1991 (No. 9 of 1991), as amended.
(6) An authorisation or consent granted by the Institute under this Order may, where relevant, be additional or supplemental to a licence granted by the Institute for other purposes and may amend or revoke such other licence or conditions in such other licence as the Institute deems necessary.
Intra-Community Shipments
4. (1) Where the State is the country of origin a holder who plans to carry out an intra-Community shipment of radioactive waste or spent fuel or to arrange for such a shipment to be carried out shall submit a duly completed application in English or Irish using the standard document for authorisation to the Institute.
(2) The Institute on receipt of an application aforesaid shall send the duly completed application to the competent authorities of the Member State of destination and of the Member States of transit, if any.
(3) If any of the competent authorities of the Member States of destination and of the Member States of transit, if any, considers that the application is not duly completed and requests the missing information from the Institute within twenty days following the receipt of the application by the said competent authorities, then on being requested to do so by the Institute, the Applicant shall furnish to the Institute the missing information requested by the said competent authorities and the Institute shall send the missing information to the said competent authorities when same is received from the Applicant.
(4) If any of the competent authorities of the Member States of destination and of the Member States of transit, if any, requests an authenticated translation of the application, then on being requested to do so by the Institute, the Applicant shall furnish to the Institute an authenticated translation of the application in a language acceptable to the said competent authorities and the Institute shall send the translation to the said competent authorities when same is received from the Applicant.
(5) An application under paragraph (1) of this Order may be submitted in respect of more than one shipment, provided that:
(a) the radioactive waste or the spent fuel to which it relates essentially has the same physical, chemical and radioactive characteristics; and
(b) the shipments are to be made from the same holder to the same consignee and involve the same competent authorities, and
(c) where shipments involve transit through third countries, such transit is via the same frontier post of entry to and/or exit from the Community and via the same frontier post(s) of the third country or countries concerned, unless otherwise agreed between the competent authorities concerned.
(6) If all the consents necessary for shipment have been given, or are deemed to have been given in accordance with Article 9.2 of the Directive, the Institute shall be entitled to authorise the holder to carry out the shipment, subject to the conditions, if any, specified in any such consent, and shall inform the competent authorities of the Member State of destination and of any Member State or third party of transit accordingly.
(7) The said authorisation shall not in any way affect the responsibility of the holder, the transporters, the owner, the consignee or any other natural or legal person involved in the shipment.
(8) The said authorisation shall remain in force for whichever of the following periods expires first, namely—
(a) the defined period that the authorisation for the shipment shall have effect for,
(b) a period of 3 years,
(c) if more than one such authorisation is given and—
(i) one only of the authorisations states the period that it shall have effect for, that period, or
(ii) two or more of the authorisations state the periods that they shall have effect for, whichever of those periods is of the least duration.
(9) The granting of an authorisation of a shipment under this Order shall not exempt the holder, the transporters, the owner or any other natural or legal person involved in the authorised shipment from the requirement of a licence pursuant to the Order of 2000 in respect of any practice (as defined in the Order of 2000) involved in the said shipment.
Acknowledgement of receipt and request for information
5. (1) When the Institute receives a request for consent to an application from within the State it must act in accordance with Articles 8 and 9 of Council Directive 2006/117/Euratom.
(2) When the Institute receives a request for consent to an application from the competent authority of another Member State it must act in accordance with Articles 8 and 9 of Council Directive 2006/117/Euratom.
(3) When the Institute receives an application to import radioactive waste or spent fuel into the State, or is requested by another member State to consent to such an application, it must act in accordance with Article 13 of Council Directive 2006/117/Euratom.
(4) When such an application relates to transit through the European Community it must act in accordance with Article 14 of that Directive.
(5) When such an application relates to export out of the European Community it must act in accordance with Article 15 of that Directive, as well as both Article 8 and Article 9 of that Directive.
Consent and Refusal
6. (1) Where the State is the country of destination or of transit of shipments of radioactive waste or spent fuel then not later than two months after receipt of the duly completed application, the Institute shall notify the Competent Authority of the country of origin of its decision to consent to the shipment, to refuse to consent to the shipment or consent to the shipment subject to such conditions as it deems necessary and any such conditions shall be specified in the notification. This information shall be provided in the form set out in the standard document.
(2) (a) Any conditions which the Institute attaches to a consent made by it under paragraph (1) of this Order shall not be more stringent than those that would be provided for under the law of the State in relation to a shipment similar to the shipment to which the authorisation relates and shall comply with existing international agreements.
(b) Reasons shall be given by the Institute for any decision by it to refuse to grant a consent under paragraph (1) of this Order or to attach any conditions to such a consent.
(3) The Institute may request a further period of not more than one month in addition to the period referred to in paragraph (1) of this Order to notify the Competent Authority concerned of the matters referred to in that paragraph.
(4) If the Institute has not notified the Competent Authority concerned of the matters referred to in paragraph (1) of this Order within the period referred to in that paragraph or, as appropriate, the period referred to in paragraph (3) of this Order it shall be deemed to have given its consent for the shipment requested.
Notification
7. (1) Where the State is the country of destination—
(a) within 15 days of receipt, the consignee of the radioactive waste or spent fuel shall send the Institute an acknowledgement of receipt, using the standard document,
(b) the Institute shall send copies of the acknowledgement to the competent authorities of the other countries concerned.
(2) Where the State is the country of origin, the Institute shall send a copy of the acknowledgement to the original holder.
Imports into and Exports out of the Community
8. (1) Where radioactive waste or spent fuel enters the Community from a third country and the State is the country of destination the consignee shall submit an application for authorisation to the Institute in writing using the standard document. The consignee shall act as the holder and the Institute shall act as if it were the Competent Authority of the country of origin referred to in Order 4 of these Orders in respect of the country or countries of transit.
(2) Where radioactive waste or spent fuel enters the Community from a third country, the country of destination is not a Member State and the State is the Member State in whose territory the waste is first to enter the Community, then the State shall be deemed to be the country of origin for the purposes of that shipment. The person who has responsibility for managing the shipment within the State shall inform the Institute in order to initiate the appropriate procedures.
Exports out of the Country
9. (1) Where radioactive waste or spent fuel is to be exported from the State to a third country, the Institute shall contact the authorities of the country of destination regarding such a shipment.
(2) If all the conditions for shipment are fulfilled, the Institute shall authorise the holder of radioactive waste or spent fuel to ship the waste and shall inform the authorities of the country of destination of the shipment in the form set out in the standard document.
(3) The said authorisation shall not in any way affect the responsibility of the holder, the transporter, the owner, the consignee or any other natural or legal person involved in the shipment.
(4) (a) The holder of the radioactive waste or spent fuel in the State shall notify the Institute that the waste has reached its destination in the third country within 15 days of the date of arrival and shall indicate the last customs post in the Community through which the shipment passed.
(5) The Member State of origin or any Member State of transit may decide that the shipment may not be completed if the conditions for shipment are no longer complied with in accordance with this directive, or are not in accordance with the authorisations or consents issued pursuant to the Directive. Such Member State of transit shall forthwith inform the competent authorities of the Member State of origin of this decision.
Prohibited exports
10. The Institute shall not authorise shipments to—
(a) to a destination south of latitude 60° south; or
(b) to an African, Caribbean or Pacific state that is party to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States, (Cotonou ACP-EC Agreement), unless the shipment is a return of radioactive waste after treatment to its country of origin; or
(c) to a third country which does not, have the administrative and technical capacity and regulatory structure to manage the radioactive waste or spent fuel safely, as stated in the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. In coming to an opinion on this issue the Institute shall duly take into account all relevant information from other Member States or from the Minister.
Documents to Accompany Every Shipment
11. Without prejudice to any other accompanying documents required by the Institute, acts adopted by competent authorities of Member States or international agreements, the documents referred to in Orders 4 and 6 shall accompany each shipment to which these Orders apply, including each shipment that has been the subject of the one application under Order 4 (3) of these Orders.
Exemptions
12. (1) These Orders do not apply to reshipment from the State of sealed sources, except where they contain fissile material, by a user to the supplier (including his agent or his successor) of the source in another country.
(2) These Orders shall not affect—
(a) the right of the State or an undertaking in the State to which waste is to be exported for processing to return the waste after treatment to its country of origin, or
(b) the right of the State or an undertaking in the State to which irradiated nuclear fuel is to be exported for reprocessing to return to its country of origin waste or other products of the reprocessing operation.
(3) Where the State is the country of origin of a shipment of radioactive waste or spent fuel and where the shipment cannot be completed or if the conditions subject to which authorisation for the shipment has been given are not complied with, the Institute shall ensure that the radioactive waste or spent fuel in question is taken back by the holder of that waste.
(4) In case of shipments of radioactive waste or spent fuel from a third country to the State, the Institute shall ensure that the consignee of that waste enters into a legally-binding agreement with the holder of the waste established in the third country obliging the holder to take back the waste where a shipment cannot be completed.
(5) Where the Institute has approved transit for an initial shipment of radioactive waste or spent fuel it shall not refuse to approve reshipment of the waste—
(a) in the case of a shipment referred to in paragraph (2) of this Order, if the reshipment concerns the same material after treatment and all the relevant provisions of the law of the State, acts adopted by the institutions of the Community and international agreements on the transport of radioactive materials are complied with,
(b) in the case of a shipment referred to in paragraph (3) or (4) of this Order, if the reshipment is undertaken on the same conditions and with the same specifications.
Powers to give directions
13. (1) The Institute will seek the direction of the Minister in relation to all applications for authorisation received under these Orders before the application may proceed.
(2) The Minister will, in relation to any application for an authorisation made under these Orders, give to the Institute a direction as to whether the application may proceed and the Institute must comply with this direction.
Offences and Penalties
14. (1) A holder of radioactive waste or spent fuel or a consignee of such, as the case may be, who contravenes these Orders shall be guilty of an offence.
(2) A holder of radioactive waste or spent fuel or a consignee of such who fails to comply with any conditions subject to which an authorisation has been given by the Institute for a shipment of the waste shall be guilty of an offence.
(3) A person who fails to comply with these Orders shall be guilty of an offence.
(4) A consignee who, without reasonable excuse, fails to enter into an agreement such as is referred to these Orders when requested by the Institute to do so shall be guilty of an offence.
(5) A person guilty of an offence under these Orders is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.
(6) Where an offence under these Orders is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
Prosecution of Offences
15. Summary proceedings in relation to an offence under these Orders may be brought and prosecuted by the Minister or the Institute or both.
Revocations
16. (1) The European Communities (Supervision and Control of Certain Shipments of Radioactive Waste) Regulations 1994 ( S.I. No. 276 of 1994 ) are revoked.
(2) Notwithstanding paragraph (1),—
(i) the provisions of the European Communities (Supervision and Control of Certain Shipments of Radioactive Waste) Regulations 1994 ( S.I. No. 276 of 1974 ) shall continue to apply and have effect in relation to any application or other matter commenced before the coming into operation of these Orders; and,
(ii) any authorisation, consent, decision, notification or other act or thing granted, made, done or issued under the European Communities (Supervision and Control of Certain Shipments of Radioactive Waste) Regulations 1994 ( S.I. No. 276 of 1994 ) and in force immediately before the coming into operation of these Orders shall continue to apply and have effect as if granted, made, done or issued under these Orders.
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GIVEN under my Official Seal,
19 March 2009
JOHN GORMLEY,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Orders provide for the implementation of Council Directive 2006/17/Euratom of 20 November, 2006 laying down conditions for the supervision and control of shipments of radioactive waste and spent fuel between Members States and into and out of the Community, whenever quantities and concentrations of such waste exceed certain levels. These conditions supplement the existing Council Directives on basic safety standards for the health protection of workers and the general public against the dangers of ionising radiation.
The Radiological Protection Institute of Ireland has been deemed the Competent Authority for the purpose of implementation of these Orders in this country and application should be made to that body for all authorisations required under the Orders.
The Orders also revoke the European Communities (Supervision and Control of Certain Shipments of Radioactive Waste) Regulations 1994.
1 O.J No. L337, 5.12.06, p.21.
2 O.J No. L107, 17.04.2008, p.32
S.I. No. 72/2013 –
European Communities (Metallic Mercury Waste) Regulations 2013.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 2011/97/EU of 5 December 20111 , hereby makes the following Regulations:
Citation
1. These Regulations may be cited as the European Communities (Metallic Mercury Waste) Regulations 2013.
Amendment of the Waste Management Act 1996
2. The Waste Management Act 1996 (No. 10 of 1996) is amended—
(a) in the Table to section 2, by inserting—
“Council Directive 1999/31/EC of 26 April 19992 on the landfill of waste and Council Directive 2011/97/EU of 5 December 2011 amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste”
after the reference to “Commission Directive 93/86/EEC of 4 October 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances.”
(b) in section 40(4), by inserting after paragraph (bb) the following paragraph:
“(bbb) if the activity concerned involves the storage of metallic mercury considered as waste, the storage shall be—
(i) carried on in accordance with such conditions as may be attached to the licence, and
(ii) comply with Council Directive 2011/97/EU of 5 December 2011 amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste.”.
Amendment of Waste Management Licensing Regulations 2004
3. The Third Schedule to the Waste Management (Licensing) Regulations 2004 ( S.I. No 395 of 2004 ) is amended by inserting before the reference to “Articles 4, 6, 7, 10, 11 and 12” the following row:
“Article 1
Council Directive 2011/97/EU of 5 December 2011 amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste.”.
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GIVEN under my Official Seal,
21 February 2013.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
These Regulations fulfill the requirements on Ireland to bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of COUNCIL DIRECTIVE 2011/97/EU of 5 December 2011 amending Directive 1999/31/EC (commonly known as the landfill directive) as regards specific criteria for the storage of metallic mercury considered as waste. The directive is being transposed in Ireland ahead of the required transposition date which is 15 March 2013.
The storage of metallic mercury that is considered as waste for up to 1 year is subject to the permit requirements according to Article 23 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (commonly known as the Waste Framework Directive) and which is transposed in Ireland by the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 -see in particular Regulation 21 of these Regulations). In addition, such facilities are subject to the general provisions on record keeping as laid down in the Waste Framework Directive-see also Regulations 6 and 35 of the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 ). The correlation table for each article of the directive reads as follows:
Article of COUNCIL DIRECTIVE 2011/97/EU of 5 December 2011 amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste
Transposed by Regulation
1
2 and 3.Annexes I, II and III of the Landfill Directive are already transposed by Section 40 (4) (bb) of the Waste Management Act 1996 (No 10 of 1996) and Article 35 of the Waste Management (Licensing) Regulations 2004 ( S.I. No 395 of 2004 .There are additionally EPA guidance documents on landfill investigation, landfill design, landfill monitoring, landfill operational planning, and landfill closure & restoration.
2
Does not need transposition
3
Does not need transposition
4
Does not need transposition
Annex
2 and 3
1 OJ No L328, 10.12.2011, p. 49.
2 OJ No L182, 16.07.1999, p. 0001.
S.I. No. 233/2015 –
European Union (Properties of Waste which Render it Hazardous) Regulations 2015.
TABLE OF CONTENTS
PART I
PRELIMINARY AND GENERAL
1. Citation
2. Interpretation
3. Entry into Force
PART II
AMENDMENT TO THE ACT OF 1996
4. Substitution of the Second Schedule of the Act of 1996
S.I. No. 233 of 2015
EUROPEAN UNION (PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS) REGULATIONS 2015
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 9th June, 2015.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, hereby make the following regulations:
PART I
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Union (Properties of Waste which Render it Hazardous) Regulations 2015.
Interpretation
2. (1) In these Regulations-
“Act of 1996” means the Waste Management Act 1996 .
Entry into Force
3. These Regulations shall come into operation on 1 June 2015.
PART II
AMENDMENT OF THE ACT OF 1996
Substitution of the Second Schedule of the Act of 1996
4. The Act of 1996 is amended by substituting the following Schedule for the Second Schedule:
“SECOND SCHEDULE
PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS
Section 4(1)
HP 1 ‘Explosive’: waste which is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Pyrotechnic waste, explosive organic peroxide waste and explosive self-reactive waste is included.
When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 1, the waste shall be assessed for HP 1, where appropriate and proportionate, according to test methods. If the presence of a substance, a mixture or an article indicates that the waste is explosive, it shall be classified as hazardous by HP 1.
Table 1: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 1:
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HP 2 ‘Oxidising’: waste which may, generally by providing oxygen, cause or contribute to the combustion of other materials.
When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 2, the waste shall be assessed for HP 2, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is oxidising, it shall be classified as hazardous by HP 2.
Table 2: Hazard Class and Category Code(s) and Hazard statement Code(s) for the classification of wastes as hazardous by HP 2:
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HP 3 ‘Flammable’:
— flammable liquid waste: liquid waste having a flash point below 60°C or waste gas oil, diesel and light heating oils having a flash point > 55°C and ≤ 75°C;
— flammable pyrophoric liquid and solid waste: solid or liquid waste which, even in small quantities, is liable to ignite within five minutes after coming into contact with air;
— flammable solid waste: solid waste which is readily combustible or may cause or contribute to fire through friction;
— flammable gaseous waste: gaseous waste which is flammable in air at 20°C and a standard pressure of 101.3 kPa;
— water reactive waste: waste which, in contact with water, emits flammable gases in dangerous quantities;
— other flammable waste: flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste.
When a waste contains one or more substances classified by one of the following hazard class and category codes and hazard statement codes shown in Table 3, the waste shall be assessed, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is flammable, it shall be classified as hazardous by HP 3.
Table 3: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 3:
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HP 4 ‘Irritant — skin irritation and eye damage’: waste which on application can cause skin irritation or damage to the eye.
When a waste contains one or more substances in concentrations above the cut-off value, that are classified by one of the following hazard class and category codes and hazard statement codes and one or more of the following concentration limits is exceeded or equalled, the waste shall be classified as hazardous by HP 4.
The cut-off value for consideration in an assessment for Skin corr. 1A (H314), Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1%.
If the sum of the concentrations of all substances classified as Skin corr. 1A (H314) exceeds or equals 1%, the waste shall be classified as hazardous according to HP 4.
If the sum of the concentrations of all substances classified as H318 exceeds or equals 10%, the waste shall be classified as hazardous according to HP 4.
If the sum of the concentrations of all substances classified H315 and H319 exceeds or equals 20%, the waste shall be classified as hazardous according to HP 4.
Note that wastes containing substances classified as H314 (Skin corr.1A, 1B or 1C) in amounts greater than or equal to 5% will be classified as hazardous by HP 8. HP 4 will not apply if the waste is classified as HP 8.
HP 5 ‘Specific Target Organ Toxicity (STOT)/Aspiration Toxicity’: waste which can cause specific target organ toxicity either from a single or repeated exposure, or which cause acute toxic effects following aspiration.
When a waste contains one or more substances classified by one or more of the following hazard class and category codes and hazard statement codes shown in Table 4, and one or more of the concentration limits in Table 4 is exceeded or equalled, the waste shall be classified as hazardous according to HP 5. When substances classified as STOT are present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 5.
When a waste contains one or more substances classified as Asp. Tox. 1 and the sum of those substances exceeds or equals the concentration limit, the waste shall be classified as hazardous by HP 5 only where the overall kinematic viscosity (at 40°C) does not exceed 20.5 mm2/s.1
Table 4: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 5
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HP 6 ‘Acute Toxicity’: waste which can cause acute toxic effects following oral or dermal administration, or inhalation exposure.
If the sum of the concentrations of all substances contained in a waste, classified with an acute toxic hazard class and category code and hazard statement code given in Table 5, exceeds or equals the threshold given in that table, the waste shall be classified as hazardous by HP 6. When more than one substance classified as acute toxic is present in a waste, the sum of the concentrations is required only for substances within the same hazard category.
The following cut-off values shall apply for consideration in an assessment:
— For Acute Tox. 1, 2 or 3 (H300, H310, H330, H301, H311, H331): 0.1%;
— For Acute Tox. 4 (H302, H312, H332): 1%.
Table 5: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 6
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HP 7 ‘Carcinogenic’: waste which induces cancer or increases its incidence.
When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 6, the waste shall be classified as hazardous by HP 7. When more than one substance classified as carcinogenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 7.
Table 6: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 7
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HP 8 ‘Corrosive’: waste which on application can cause skin corrosion.
When a waste contains one or more substances classified as Skin corr.1A, 1B or 1C (H314) and the sum of their concentrations exceeds or equals 5%, the waste shall be classified as hazardous by HP 8.
The cut-off value for consideration in an assessment for Skin corr. 1A, 1B, 1C (H314) is 1.0%.
HP 9 ‘Infectious’: waste containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
The attribution of HP 9 shall be assessed by the rules laid down in reference documents or legislation in the Member States.
HP 10 ‘Toxic for reproduction’: waste which has adverse effects on sexual function and fertility in adult males and females, as well as developmental toxicity in the offspring.
When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 7, the waste shall be classified hazardous according to HP 10. When more than one substance classified as toxic for reproduction is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 10.
Table 7: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 10
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HP 11 ‘Mutagenic’: waste which may cause a mutation, that is a permanent change in the amount or structure of the genetic material in a cell.
When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 8, the waste shall be classified as hazardous according to HP 11. When more than one substance classified as mutagenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 11.
Table 8: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 11
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HP 12 ‘Release of an acute toxic gas’: waste which releases acute toxic gases (Acute Tox. 1, 2 or 3) in contact with water or an acid.
When a waste contains a substance assigned to one of the following supplemental hazards EUH029, EUH031 and EUH032, it shall be classified as hazardous by HP 12 according to test methods or guidelines.
HP 13 ‘Sensitising’: waste which contains one or more substances known to cause sensitising effects to the skin or the respiratory organs.
When a waste contains a substance classified as sensitising and is assigned to one of the hazard statement codes H317 or H334 and one individual substance equals or exceeds the concentration limit of 10%, the waste shall be classified as hazardous by HP 13.
HP 14 ‘Ecotoxic’: waste which presents or may present immediate or delayed risks for one or more sectors of the environment.
HP 15 ‘Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste’.
When a waste contains one or more substances assigned to one of the hazard statements or supplemental hazards shown in Table 9, the waste shall be classified as hazardous by HP 15, unless the waste is in such a form that it will not under any circumstance exhibit explosive or potentially explosive properties.
Table 9: Hazard statements and supplemental hazards for waste constituents for the classification of wastes as hazardous by HP 15
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In addition, Member States may characterise a waste as hazardous by HP 15 based on other applicable criteria, such as an assessment of the leachate.
Note
Attribution of the hazardous property HP 14 is made on the basis of the criteria laid down in Annex VI to Council Directive 67/548/EEC.
Test methods
The methods to be used are described in Council Regulation (EC) No 440/20082 and in other relevant CEN notes or other internationally recognised test methods and guidelines.”
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GIVEN under my Official Seal
29 May 2015.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation).
These Regulations provide for measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use and transpose Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives.
In particular, these Regulations provide for the transposition of Commission Regulation (EU) No. 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain directives.
1The kinematic viscosity shall only be determined for fluids.
2Council Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1).
S.I. No. 513/2012 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012.
Part I
Preliminary and General
1. Citation
2. Purpose of Regulations
3. Interpretation of Regulations
4. Scope of Regulations
Part II
Prohibitions and Obligations on Economic Operators
5. Prohibition of specified hazardous substances
6. Manufacturers’ Obligations — General
7. EU Declaration of Conformity and CE Marking
8. Compliance procedures for series production
9. Register of EEE
10. Identifying EEE and manufacturer
11. Non-compliant EEE
12. Co-operation with National Authorities
13. Authorised Representatives
14. Importer Responsibility General
15. Non-compliant EEE
16. Information identifying importers
17. Monitoring of EEE
18. Retention of documentation and co-operation with authorities
19. Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties
20. Distributor Responsibility General
21. Non-compliant EEE
22. Co-operation with National Authorities
23. Duty in certain circumstances to comply with manufacturer’s duties in place of distributor’s duties
24. Identification of economic operators
Part III
Functions of the Agency
25. Enforcement
26. Market Surveillance Activities
27. Functions of the Agency
28. Procedure in relation to directions of the Agency
29. Appeals against directions of the Agency
30. Injunctions
31. Authorised Persons
32. Offences
33. Prosecutions and Penalties
34. Commencement
35. Revocation
SCHEDULE 1
CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT TO WHICH THESE REGULATIONS APPLY
SCHEDULE 2
ELECTRICAL AND ELECTRONIC EQUIPMENT TO WHICH THESE REGULATIONS DO NOT APPLY
SCHEDULE 3
CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT WITH SPECIAL RULES OF APPLICATION
S.I. No. 513 of 2012
EUROPEAN UNION (RESTRICTION OF CERTAIN HAZARDOUS SUBSTANCES IN ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2012
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th December, 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2011/65/EU1 of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
PART I
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of European Parliament and Council Directive 2011/65/EU2 on the restriction of the use of certain hazardous substances in electrical and electronic equipment with a view to contributing to the protection of human health and the environment, including the environmentally sound recovery and disposal of waste electrical and electronic equipment.
Interpretation of Regulations
3. (1) In these Regulations, save where the context otherwise requires—
“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);
“active implantable medical device” means any active implantable medical device within the meaning of point (c) of Article 1(2) of Council Directive 90/385/EEC3 of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices;
“Agency” means the Environmental Protection Agency established under Section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be required to be an authorised person for the purposes of the Act of 1996 or any Part or section thereof;
“authorised representative” means any natural or legal person established within the European Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;
“cables” means all cables with a rated voltage of less than 250 volts that serve as a connection or an extension to connect EEE to the electrical outlet or to connect two or more EEE to each other;
“CE marking” means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;
“conformity assessment” means the process demonstrating whether the requirements of these Regulations relating to EEE, are met;
“dependent” means, with regards to EEE, needing electric currents or electromagnetic fields to fulfil at least one intended function;
“the Directive” means European Parliament and Council Directive 2011/65/EU4 on the restriction of the use of certain hazardous substances in electrical and electronic equipment;
“distributor” means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes EEE available on the market;
“economic operator” means the manufacturer, the authorised representative, the importer and the distributor;
“electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volt for alternating current and 1,500 volt for direct current;
“harmonised standard” means a standard adopted by one of the European standardisation bodies listed in Annex I to Directive 98/34/EC5 of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and Regulations and of rules on Information Society services on the basis of a request made by the European Commission in accordance with Article 6 of Directive 98/34/EC6 ;
“homogeneous material” means one material of uniform composition throughout or a material, consisting of a combination of materials, that cannot be disjointed or separated into different materials by mechanical actions such as unscrewing, cutting, crushing, grinding and abrasive processes;
“importer” means any natural or legal person established within the Union, who places EEE from a third country on the Union market;
“in vitro diagnostic medical device” means an in vitro diagnostic medical device within the meaning of point (b) of Article 1(2) of Directive 98/79/EC7 ;
“industrial monitoring and control instruments” means monitoring and control instruments designed for exclusively industrial or professional use;
“large-scale fixed installation” means a large-scale combination of several types of apparatus and, where applicable, other devices, which are assembled and installed by professionals, intended to be used permanently in a pre-defined and dedicated location, and de-installed by professionals;
“large-scale stationary industrial tools” means a large-scale assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility;
“making available on the market” means any supply of EEE in the course of a commercial activity (whether in return for payment or free of charge) for distribution, consumption or use on the Union market;
“manufacturer” means any natural or legal person who manufactures EEE or who has EEE designed or manufactured and markets it under that person’s name or trademark;
“market surveillance” means the activities carried out by the Agency to ensure that EEE complies with the requirements set out in this Regulation and does not endanger health, safety, or other issues of public interest protection;
“medical device” means a medical device within the meaning of point (a) of Article 1(2) of Directive 93/42/EEC8 and which is also EEE;
“non-road mobile machinery made available exclusively for professional use” means machinery, with an on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working, and is made available exclusively for professional use;
“placing on the market” means making EEE available on the Union market for the first time;
“prosecutor” means the Agency or Director of Public Prosecutions;
“recall” means any measure aimed at achieving the return of EEE that has already been made available to the end user;
“Regulation (EC) No. 765/2008”9 means Regulation of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;
“spare part” means a separate part of EEE that can replace a part of EEE and—
(a) the EEE cannot function as intended without that part; and
(b) the functionality of the EEE is restored or upgraded when the part is replaced by the spare part;
“technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process or service;
“withdraw” means take any measure aimed at preventing EEE in the supply chain from being made available on the market.
Scope of Regulations
4. (1) These Regulations shall apply to EEE which—
(a) falls within the categories set out in Schedule 1 and is placed on the market on or after 2nd January 2013;
(b) was placed on the market before 2nd January 2013 as set out in Regulation 35(2),
without prejudice to European Union legislation on-
(I) safety and health requirements,
(II) chemicals, in particular, as set out in Regulation (EC) No 1907/200610 ,
(III) waste management legislation.
(2) These Regulations shall apply to EEE which falls within the categories set out in Schedule 3 from the dates set out in that Schedule.
(3) These Regulations do not apply to EEE which falls within the categories set out in Schedule 2.
(4) These Regulations do not apply in respect of the applications listed in Annexes III and IV to the Directive.
(5)Without prejudice to the provisions of paragraphs 1 and 2 of Schedule 3, any EEE to which these Regulations apply but which was outside the scope of the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341 of 2005 ) as amended by the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376 of 2008 ) may continue to be made available on the market until 22nd July 2019 even if the EEE does not comply with the provisions of these Regulations.
PART II
PROHIBITIONS AND OBLIGATIONS ON ECONOMIC OPERATORS
Prohibition of specified hazardous substances
5. (1) EEE placed on the market shall not contain the substances listed in Annex II to the Directive.
(2) Without prejudice to paragraph (1), the presence of those substances in quantities no greater than the maximum concentration value by weight in homogeneous materials as specified in Annex II to the Directive, is permitted.
Manufacturers’ obligations
General
6. (1) Manufacturers shall-
(a) ensure that EEE placed on the market complies with the requirements of Regulation 5,
(b) ensure that the EEE has been designed and manufactured to comply with the requirements of Regulation 5,
(c) draw up the required technical documentation and carry out and comply with their obligations under the internal production control procedure in line with module A of Annex II to Decision No 768/2008/EC11 of the European Parliament and of the Council on a common framework for the marketing of products.
(2) Where other applicable European Union legislation requires the application of a conformity assessment procedure which is at least as stringent, compliance with the requirements of Regulation 5(1) may be demonstrated within the context of that procedure and a single set of technical documentation may be drawn up.
EU Declaration of Conformity and CE Marking
7. (1) Where compliance of EEE with the requirements of Regulation 5 has been demonstrated by the procedures referred to in Regulation 6 (1) (c) or Regulation 6 (2), manufacturers shall-
(a) draw up an EU declaration of conformity which shall state that it has been demonstrated that the requirements specified in Article 4 of the Directive have been met in relation to the EEE; and
(b) affix the CE marking in relation to the finished EEE as set out in Regulation (EC) No. 765/200812 .
(2) The EU declaration of conformity shall follow the structure and include the information specified in Annex VI to the Directive.
(3) Manufacturers shall keep the EU declaration of conformity drawn up in relation to EEE fully updated.
(4) Manufacturers shall translate the EU declaration of conformity into the languages required by Member States on the market of which the EEE is placed or made available.
(5) An EU declaration of conformity in relation to EEE which is made available on the market in Ireland shall be drawn up in or translated into Irish or English.
(6) By drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the EEE with the Directive.
(7) Manufacturers shall keep the technical documentation and the EU declaration of conformity for EEE available for inspection by the Agency for a period of ten years from the day on which the EEE was placed on the market.
(8) The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No. 765/200813 .
(9) The CE marking shall be affixed visibly, legibly and indelibly to-
(a) the EEE; or
(b) a data plate affixed to the EEE.
(10) Where due to the nature of the EEE it is not possible to or not warranted for the CE marking to be affixed in accordance with Regulation 7 (9) the manufacturer shall instead affix the CE marking to-
(a) the packaging of the EEE; and
(b) any documents that accompany the EEE.
(11) The CE marking shall be affixed before the EEE is placed on the market.
(12) Any EEE which bears the CE marking is presumed to comply with the provisions of these Regulations.
(13) Materials, components and EEE-
(a) on which tests and measurements demonstrating compliance with the requirements of Regulation 5 have been performed; or
(b) which have been assessed for compliance with the requirements of Regulation 5 in accordance with harmonised standards,
are presumed to comply with the requirements of Regulation 5.
Compliance procedures for series production
8. Manufacturers of EEE which is manufactured by means of series production shall ensure that procedures are in place to ensure that any EEE so manufactured complies with the requirements of Regulation 5 and in so doing shall take adequate account of-
(a) any changes in the design or characteristics of the EEE; and
(b) any changes to any harmonised standards or technical specifications referred to in the EU declaration of conformity drawn up in relation to the EEE.
Register of EEE
9. Manufacturers shall keep a register of-
(a) any EEE placed on the market in relation to which any provision of these Regulations has not been complied with; and
(b) any EEE which has been recalled
and keep distributors informed thereof.
Identifying EEE and manufacturer
10. (1) Manufacturers shall ensure that a type, batch or serial number or other element allowing the EEE to be identified is marked-
(a) on their EEE; or
(b) where the size or nature of the EEE does not allow this, on the packaging of the EEE or in a document accompanying the EEE.
(2) Manufacturers shall indicate their name, registered trade name or registered trade mark and a single address at which they can be contacted-
(a) on the EEE; or
(b) where that is not possible, on the packaging of the EEE or in a document accompanying the EEE.
(3) Where other applicable EU legislation contains provisions for the affixing of the manufacturer’s name and address which are at least as stringent, those provisions shall apply.
Non-compliant EEE
11. Manufacturers who consider or have reason to believe that EEE which they have placed on the market is not in conformity with any provision of these Regulations shall immediately-
(a) take the necessary corrective measures to ensure that the provision of these Regulations is complied with including the withdrawal or recall of the EEE, if appropriate; and
(b) provide the Agency and the competent national authorities of any other Member States in which they made the EEE available with information of the non-compliance and of any corrective measures taken.
Co-operation with National Authorities
12. (1) The Agency may, during the period of 10 years from the day on which EEE was placed on the market, request the manufacturer who placed the EEE on the market to—
(a) provide it, within such period as the Agency may specify, with all the information and documentation necessary to demonstrate that the provisions of these Regulations have been complied with; and
(b) co-operate with the Agency on any action, specified by the Agency, taken or to be taken to ensure that the provisions of these Regulations are complied with.
(2) The information and documentation referred to in Regulation 12 (1)(a) shall be drawn up in or translated into Irish or English.
(3) A request under Regulation 12 (1) shall be accompanied by the reasons for making the request.
(4) The manufacturer shall comply with a request made under Regulation 12 (1).
Authorised Representatives
13. (1) Manufacturers may appoint an authorised representative by written mandate to act on their behalf in relation to specified tasks for the purpose of conforming with these Regulations.
(2) The mandate shall allow the authorised representative to perform at least the following-
(a) keep the EU declaration of conformity and the technical documentation at the disposal of the Agency for 10 years following the placing on the market of the EEE;
(b) upon request, provide the Agency with all the information and documentation necessary to demonstrate the conformity of EEE with the Regulations;
(c) upon request, co-operate with the Agency on any action taken to ensure compliance with these Regulations covered by their mandate.
(3) An authorised representative may not be appointed to perform the manufacturer’s obligations under Regulation 6 (1)(b) or Regulation 6 (1)(c) of these Regulations.
(4) An authorised representative shall comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly-
(a) as far as those duties are concerned, references in these Regulations to the manufacturer are to be taken as including a reference to the authorised representative; and
(b) if the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.
(5) A manufacturer who has appointed an authorised representative to perform on the manufacturer’s behalf an obligation under these Regulations remains responsible for the proper performance of that obligation.
Importer Responsibility
General
14. Importers may only place EEE on the market when-
(a) the EEE complies with the requirements of Regualtion 5;
(b) they have ensured that the manufacturer has completed the following in relation to the EEE-
(i) carried out the conformity assessment procedure and drawn up the technical documentation in accordance with Regulation 6 (1) (b);
(ii) affixed the CE marking in accordance with Regulation 7;
and
(iii) complied with the requirements of Regulation 10 (2).
Non compliant EEE
15. (1) Where an importer considers or has reason to believe that EEE which they were intending to place on the market does not conform with Regulation 5, they shall inform the manufacturer and the Agency of the non-compliance;
(2) Where an importer considers or has reason to believe that EEE which they have placed on the market is not in conformity with any provision of these Regulations they shall immediately-
(a) take the necessary corrective measures to ensure that the provision of these Regulations is complied with including the withdrawal or recall of the EEE, if appropriate; and
(b) provide the Agency and the competent national authorities of any other Member States in which they made the EEE available with information of the non-compliance and of any corrective measures taken.
Information identifying importers
16. (1) Importers shall ensure that the following information is marked on the EEE-
(a) the importer’s name, registered trade name or registered trade mark; and
(b) an address at which the importer can be contacted.
(2) Where it is not possible to mark the information on the EEE the information may instead be marked on the packaging of the EEE or in a document accompanying the EEE.
(3) Where other applicable EU legislation contains provisions for the affixing of the importer’s name and address which are at least as stringent, those provisions shall apply.
Monitoring of EEE
17. Importers shall maintain a register of-
(a) any EEE placed on the market not in compliance with any provision of these Regulations; and
(b) any EEE which has been recalled,
and keep distributors informed of these matters.
Retention of documentation and co-operation with authorities
18. (1) Importers shall for a period of ten years from the date they placed an item of EEE on the market-
(a) keep a copy of the EU declaration of conformity; and
(b) ensure that the technical documentation is available for inspection by the Agency upon request.
(2) The Agency may during the ten year period request an importer who has placed EEE on the market to-
(a) provide it, within such period as the Agency may specify, with all the information and documentation necessary to demonstrate that the provisions of these Regulations have been complied with; and
(b) co-operate with the Agency on any action taken or to be taken to ensure that the provisions of these Regulations are complied with.
(3) The information and documentation referred to in Regulation 18 (2) (a) shall be drawn up or translated into Irish or English.
(4) A request under Regulation 18 (2) shall be accompanied by the reasons for making the request.
(5) The importer shall comply with a request made under Regulation 18 (2).
Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties
19. An importer who places EEE on the market under the importer’s name or trademark shall comply with all of the duties imposed by these Regulations on manufacturers, and in such a case, a reference to the manufacturer in these Regulations is to be taken as being a reference to the importer.
Distributor Responsibility
General
20. (1) When making EEE available on the market, distributors shall act with due care in relation to the requirements applicable, in particular by verifying that-
(a) the EEE bears the CE marking;
(b) the EEE is accompanied by the required documents in a language which can be easily understood by consumers and other end-users in the Member State in which the EEE is to be made available on the market;
(c) the manufacturer has complied with Regulation 10;
(d) the importer has complied with Regulation 16.
(2) Distributors shall not make EEE available on the market if they have reason to believe that the EEE does not comply with the requirements of Regulation 5.
Non-compliant EEE
21. (1) Where a distributor considers or has reason to believe that EEE is not in conformity with the provisions of Regulation 5, they shall inform the following to that effect-
(a) the importer; or
(b) the manufacturer; and
(c) the Agency.
(2) Distributors who consider or have reason to believe that EEE which they have made available on the market is not in conformity with these Regulations shall-
(a) take the corrective measures which are necessary to ensure that the provision is complied with in relation to the EEE, withdraw the EEE or recall it if appropriate; and
(b) immediately provide the Agency and the competent national authorities of any other Member States in which they made the EEE available with information about the non-compliance and any corrective measures taken.
Co-operation with National Authorities
22. (1) The Agency may request a distributor who has made EEE available on the market to-
(a) provide it, within such period as the Agency may specify, with all the information and documentation necessary to demonstrate that the provisions of these Regulations have been complied with; and
(b) co-operate with the Agency on any action, specified by the Agency, taken or to be taken to ensure that the provisions of these Regulations are complied with.
(2) The distributor shall comply with a request made under Regulation 22(1).
Duty in certain circumstances to comply with manufacturers’ duties in place of distributors’ duties
23. A distributor who modifies EEE already placed on the market in such a way that compliance with the requirements of Regulation 5 may be affected shall comply with all of the duties imposed by these Regulations on manufacturers, and in such a case, a reference to the manufacturer in these Regulations is to be taken as being a reference to the distributor.
Identification of economic operators
24. (1) The Agency may, for ten years following the placing on the market of the EEE, request an economic operator to identify to the Agency, within such period as the Agency may specify-
(a) any economic operator who has supplied it with EEE; and
(b) any economic operator to whom it has supplied EEE.
(2) The economic operator shall comply with the request made under Regulation 24(1).
PART III
FUNCTIONS OF THE AGENCY
Enforcement.
25. The Agency shall be responsible for the enforcement of these Regulations within the State and shall take such steps as are necessary for this purpose.
Markets Surveillance Activities.
26. Market surveillance activities with respect to these Regulations shall be carried out by the Agency in accordance with Articles 15 to 29 of Regulation (EC) No. 765/2008.
Functions of the Agency.
27. (1) For the purposes of ensuring that EEE placed on the market complies with the requirements of the Directive and that manufacturers, authorised representatives, importers and distributors of such EEE comply with their obligations under these Regulations, the Agency may take all reasonable measures, including such of the following as is decided by the Agency to be appropriate in each case—
(a) for any EEE, to—
(i) organise, even after it has been placed on the market, appropriate checks on its components, on an adequate scale, up to the final stage of use or consumption;
(ii) request all necessary information in relation to the EEE from any person who, in the opinion of the Agency may be in a position to provide such information or, as appropriate;
(iii) take samples of EEE and subject them to such checks as are considered necessary in order to determine compliance with the requirements of the Directive;
(b) for any EEE that could be prohibited under the provisions of Regulation 5, issue a direction prohibiting the placing on the market of EEE pending the carrying out of the safety evaluations, checks and controls necessary to establish that the EEE complies with Regulation 5;
(c) for any EEE prohibited under the provisions of Regulation 5,—
(i) issue a direction prohibiting the placing of the product on the market, or
(ii) if already on the market, take all appropriate steps, including if necessary issuing a direction, to ensure—
(A) the immediate withdrawal of such EEE from the marketplace, its recall from final users and its environmentally sound management in accordance with the provisions of European Union legislation on Waste Electrical and Electronic Equipment (WEEE) and
(B) that final users are alerted to the prohibited hazardous substances contained in such EEE.
(2) A direction issued under paragraph (1) shall be addressed to such of the following as is appropriate—
(a) the manufacturer;
(b) the distributor;
(c) the importer;
(d) the authorised representative, or, as appropriate,
(e) any other person, where necessary, with a view to co-operation in action taken to avoid risks arising from such EEE.
Procedure in relation to directions of the Agency.
28. (1) Where it is feasible, the Agency shall give—
(a) an opportunity to any person to whom the Agency is considering issuing a direction under these Regulations, to submit his or her views on the proposed direction to the Agency before the adoption of any measure in the proposed direction, or
(b) if an opportunity is not given to any person to whom the Agency has issued a direction under these Regulations, because of the urgency of the measures to be taken, an opportunity shall be given by the Agency to the relevant person to submit his or her views in due course after the direction has taken effect.
(2) A direction made or issued by the Agency under these Regulations shall be in writing, shall state the appropriate reasons on which it is based, shall, as soon as possible, be published by placing a notice relating to the direction in at least three national newspapers published in the State and, where the Agency is aware of the identity of a person to whom the direction is addressed, shall, as soon as possible, be sent or given to that person in any of the following ways—
(a) in any manner prescribed in Section 16 of the Act of 1996, or
(b) by leaving it at the address at which that person carries on business, or
(c) by sending it by prepaid registered post to the person at the address at which he or she carries on business, and
(d) in any case where the Agency considers that the immediate giving of the direction is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or the sender’s facility for the reception of electronic mail generates a message confirming receipt of the electronic mail.
(3) A direction made under these Regulations may require that the measures to be taken in the direction be complied with—
(a) immediately, because of the urgency of the measures to be taken,
(b) from a specified date,
(c) by a specified date, or
(d) between specified dates.
(4) A direction made or issued by the Agency under these Regulations, subject to Regulation 28(2), takes effect on the date specified in the direction and shall indicate the appeal procedure under Regulation 29.
(5) Without prejudice to Regulation 27(1)(c) the person to whom a direction has been issued under these Regulations to—
(a) recall EEE from the marketplace or, as appropriate, from final users or, as appropriate,
(b) notify final users that the EEE contains prohibited hazardous substances,
shall place a notice over three consecutive days to that effect in at least three national newspapers published in the State.
(6) A notice in accordance with the provisions of paragraph (5) shall cover at least—
(a) half of one page of a broadsheet, or
(b) one page of a tabloid,
newspaper.
Appeals against Directions of the Agency.
29. (1) Any person in receipt of a direction served by the Agency under Regulation 28 may, within 21 days of receipt of the direction, appeal to the Judge of the Circuit Court in whose Circuit the person carries on business.
(2) Where an appeal is made under paragraph (1), the appellant may make an application to the Circuit Court that the direction shall stand suspended until the appeal is determined or withdrawn.
(3) On hearing an appeal under paragraph (1), the Circuit Court may either confirm or vary the direction, or allow the appeal.
(4) A decision of the Circuit Court on an appeal under paragraph (1) shall be final, save that, by leave of the Circuit Court, an appeal from the decision shall lie to the High Court on a question of law.
Injunctions.
30. Where a person fails to comply with a direction of the Agency under these Regulations, the Agency may institute in the Circuit Court proceedings for an order requiring the person to comply with the terms of the direction.
Authorised Persons
31. (1) An authorised person may, for any purpose connected with these Regulations
(a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of An Garda Síochána) or equipment as he or she may consider necessary for the purpose, and
(b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.
(2) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has obtained a warrant from the District Court under paragraph 5(b) authorising such entry.
(3) Every authorised person when exercising any power conferred on him or her by or under these Regulations, shall, if requested by any person affected, produce the certificate furnished to him or her under Section 14(3) of the Act of 1996.
(4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to these Regulations, the authorised person may therein, as appropriate—
(a) make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,
(b) make such copies of documents and records (including records in electronic form) found therein and take such samples,
(c) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,
(d) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,
(e) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,
as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her, by or under these Regulations.
(5)(a) Where an authorised person in the exercise of his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court, in whose District the premises is located, for a warrant under this paragraph authorising the entry by the authorised person into the premises.
(b) If on application being made to him or her under this paragraph, a Judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in paragraph (4) or (5).
(6) An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Regulation, request a member of the Garda Síochána to accompany him or her in the exercise of such a power.
Offences
32. (1) Any person who—
(a) contravenes or fails to comply with a provision, or provisions, of these Regulations, or
(b) provides information which is false or to his or her knowledge misleading in a material way, or
(c) obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations
shall be guilty of an offence.
(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
Prosecutions and Penalties.
33. (1) A prosecution for a summary offence on account of contravention or failure to comply with these Regulations may be taken by the Agency.
(2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence on account of contravention or failure to comply with any Regulation of these Regulations may be commenced—
(a) at any time within 12 months from the date on which the offence was committed, or
(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such persons knowledge,
whichever is the later: provided that no such proceedings shall be initiated later than 2 years from the date on which the offence concerned was committed.
(3) Without prejudice to paragraph (2), a certificate signed by or on behalf of the person initiating the proceedings for an offence on account of contravention or failure to comply with any Regulation of these Regulations as to the date on which evidence relating to the offence came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this paragraph and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.
(4) A person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.
(5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under a Regulation of these Regulations, prosecuted by the Prosecutor, it shall, on the application of the Prosecutor (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Prosecutor.
(6) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Prosecutor, the costs and expenses, measured by the court, incurred by the Prosecutor in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers engaged by the Prosecutor.
Commencement
34. These Regulations shall come into operation on 2 January 2013.
Revocation
35. (1) The Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341 of 2005 ) as amended by the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376 of 2008 ) are revoked with effect from the date specified in Regulation 34.
(2) Where the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341 of 2005 ) as amended by the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376 of 2008 ) applied to any electrical and electronic equipment which was placed on the market before 2 January 2013-
(a) obligations that arose under the 2005 Regulations, as amended, may be enforced under these Regulations;
(b) obligations under these Regulations which arise after the placing on the market of the EEE apply.
(3) References to the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341 of 2005 ) as amended by the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376 of 2008 ) in any Act or instrument made under such Act shall be construed as references to the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012.
SCHEDULE 1
CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT TO WHICH THESE REGULATIONS APPLY
1. Large household appliances.
2. Small household appliances.
3. IT and telecommunications equipment.
4. Consumer equipment.
5. Lighting equipment.
6. Electrical and electronic tools.
7. Toys, leisure and sports equipment.
8. Medical devices.
9. Monitoring and control instruments including industrial monitoring and control instruments.
10. Automatic dispensers.
11. Other EEE not covered by any of the categories above.
SCHEDULE 2
ELECTRICAL AND ELECTRONIC EQUIPMENT TO WHICH THESE REGULATIONS DO NOT APPLY
1. Equipment which is necessary for the protection of the essential interests of the security of EEA States, including arms, munitions and war material intended for specifically military purposes;
2. Equipment designed to be sent into space;
3. Equipment which is specifically designed, and is to be installed, as part of another type of equipment to which these Regulations do not apply, which can fulfil its function only if it is part of that equipment, and which can be replaced only by the same specifically designed equipment;
4. Large-scale stationary industrial tools being a large-scale assembly of machines, equipment, and/or components—
(a) functioning together for a specific application;
(b) permanently installed and de-installed by professionals at a given place;
and
(c) used and maintained by professionals in an industrial manufacturing facility or research and development facility.
5. Large-scale fixed installations being a large-scale combination of several types of apparatus and, where applicable, other devices, which are—
(a) assembled and installed by professionals;
(b) intended to be used permanently in a pre-defined and dedicated location; and
(c) de-installed by professionals;
6. Means of transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved;
7. Non-road mobile machinery made available exclusively for professional use being machinery, with an on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working, and which is made available exclusively for professional use;
8. Active implantable medical devices;
9. Photovoltaic panels intended to be used in a system that is designed, assembled and installed by professionals for permanent use at a defined location to produce energy from solar light for public, commercial, industrial and residential applications;
10. Equipment specifically designed solely for the purposes of research and development only made available on a business-to-business basis.
SCHEDULE 3
CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT WITH SPECIAL RULES OF APPLICATION
1. These Regulations apply
(a) to medical devices and monitoring and control instruments placed on the market on or after 22nd July 2014;
(b) to in vitro diagnostic medical devices placed on the market on or after 22nd July 2016; and
(c) to industrial monitoring and control instruments placed on the market on or after 22nd July 2017.
2. These Regulations do not apply to cables or spare parts for the repair, the reuse, the updating of functionalities or upgrading of capacity of the following—
(a) EEE placed on the market before 1st July 2006;
(b) medical devices placed on the market before 22nd July 2014;
(c) in vitro diagnostic medical devices placed on the market before 22nd July 2016;
(d) monitoring and control instruments placed on the market before 22nd July 2014;
(e) industrial monitoring and control instruments placed on the market before 22nd July 2017;
(f) EEE which benefited from an exemption listed in an Annex to the Directive or the previous Directive and which was placed on the market before that exemption expired, provided that the specific exemption concerned those cables or spare parts.
3. These Regulations do not apply to reused spare parts—
(a) recovered from EEE placed on the market before 1st July 2006; and
(b) used in equipment placed on the market before 1st July 2016,
provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of parts is notified to the consumer.
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GIVEN under my Official Seal,
19 December 2012.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations give effect to the provisions of European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (EEE) and revoke the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341 of 2005 ) as amended by the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376 of 2008 ).
These Regulations aim to improve the safety of electronic products and prevent the release of hazardous substances into the environment. The prohibition on heavy metals and other dangerous chemicals in electrical and electronic equipment has now been extended to a wider range of products. The previous RoHS Regulations covered several categories of electrical and electronic equipment including household appliances, IT and consumer equipment, but the scope has now been extended to all electronic equipment, cables and spare parts.
1 O.J. No. L174, 1.07.2011, page 88
2 O.J. No. L174, 1.07.2011, page 88
3 O.J. No. L189, 20.7.90, page 17
4 O.J. No. L174, 1.07.2011, page 88
5 O.J. No. L204, 21.7.98, page 37
6 O.J. No. L204, 21.7.98, page 37
7 O.J. No. L331, 7.12.98, page 1
8 O.J. L169, 12.7.93, p.1
9 O.J. No. L218, 13.08.2008 p.30
10 O.J. No. L396, 30.12.06, p.1
11 O.J. L218, 13.8.08, p.82
12 O.J. L218, 13.8.08, p.82
13 O.J. L218, 13.8.08, p.82
S.I. No. 514/2012 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 1) Regulations 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directive 2012/50/EU1 of 10 October 2012 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU2 of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as regards an exemption for applications containing lead hereby, make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 1) Regulations 2012.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directive 2012/50/EU of 10 October 2012 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as regards an exemption for applications containing lead.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directive 2012/50/EU of 10 October 2012;”.
Commencement
4. These Regulations shall come into effect on 2 January 2013.
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GIVEN under my Official Seal,
19 December 2012.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations give effect to the provisions of Commission Delegated Directive. 2012/50/EU of 10 October 2012 through the amendment of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ).
Commission Delegated Directive 2012/50/EU amends for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors containing lead. As the substitution of lead in those materials is still technically impracticable they are therefore exempt from the prohibition on the use of lead in electrical and electronic equipment.
1 O.J. No. L348/18, 18.12.2012, page 16
2 O.J. No. L174, 1.07.2011, page 88
S.I. No. 515/2012 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 2) Regulations 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directive 2012/51/EU1 of 10 October 2012 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU2 of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as regards an exemption for applications containing cadmium, hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 2) Regulations 2012.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directive 2012/51/EU of 10 October 2012 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as regards an exemption for applications containing cadmium.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ), as amended, is further amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directive 2012/50/EU of 10 October 2012 and Commission Delegated Directive 2012/51/EU of 10 October 2012;”.
Commencement
4. These Regulations shall come into effect on 2 January 2013.
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GIVEN under my Official Seal,
19 December 2012.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations give effect to the provisions of Commission Delegated Directive 2012/51/EU of 10 October 2012 through the amendment of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No.513 of 2012 ) as amended by the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment No.1) Regulations 2012 ( S.I. No. 514 of 2012 )
Commission Delegated Directive 2012/51/EU amends for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for photoresistors for analogue optocouplers applied in professional audio equipment containing cadmium. As the substitution of cadmium in those photoresistors is still technically impracticable they are therefore exempt from the prohibition on the use of cadmium in electrical and electronic equipment.
1 O.J. No. L348/18, 18.12.2012, page 18
2 O.J. No. L174, 1.07.2011, page 88
S.I. No. 348/2014 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2014.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 amending, for the purposes of adapting to technical progress, Annex III and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2014.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 amending, for the purposes of adapting to technical progress, Annex III and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013;”.
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GIVEN under my Official Seal,
24 July 2014.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
(a) Commission Delegated Directive 2014/1/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element for bearings and wear surfaces in medical equipment exposed to ionising radiation;
(b) Commission Delegated Directive 2014/2/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium in phosphor coatings in image intensifiers for X-ray images until 31 December 2019 and in spare parts for X-ray systems placed on the EU market before 1 January 2020;
(c) Commission Delegated Directive 2014/3/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead acetate marker for use in stereotactic head frames for use with CT (Computed Tomography) and MRI and in positioning systems for gamma beam and particle therapy equipment;
(d) Commission Delegated Directive 2014/4/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead enabling vacuum tight connections between aluminium and steel in X-ray image intensifiers;
(e) Commission Delegated Directive 2014/5/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders on printed circuit boards, termination coatings of electrical and electronic components and coatings of printed circuit boards, solders for connecting wires and cables, solders connecting transducers and sensors that are used durably at a temperature below —20°C under normal operating and storage conditions;
(f) Commission Delegated Directive 2014/6/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in the surface coatings of pin connector systems requiring non-magnetic connectors which are used durably at a temperature below —20°C under normal operating and storage conditions;
(g) Commission Delegated Directive 2014/7/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders, termination coatings of electrical and electronic components and printed circuit boards, connections of electrical wires, shields and enclosed connectors which are used (a) in magnetic fields within the sphere of 1 m radius around the isocentre of the magnet in medical magnetic resonance imaging equipment, including patient monitors designed to be used within this sphere, or (b) in magnetic fields within 1 m distance from the external surfaces of cyclotron magnets, magnets for beam transport and beam direction control applied for particle therapy;
(h) Commission Delegated Directive 2014/8/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders for mounting cadmium telluride and cadmium zinc telluride digital array detectors to printed circuit boards;
(i) Commission Delegated Directive 2014/9/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead and cadmium in metallic bonds creating superconducting magnetic circuits in MRI, SQUID, NMR (Nuclear Magnetic Resonance) or FTMS (Fourier Transform Mass Spectrometer) detectors;
(j) Commission Delegated Directive 2014/10/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in alloys, as a superconductor or thermal conductor, used in cryo-cooler cold heads and/or in cryo-cooled cold probes and/or in cryo-cooled equipotential bonding systems, in medical devices (category 8) and/or in industrial monitoring and control instruments;
(k) Commission Delegated Directive 2014/11/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for hexavalent chromium in alkali dispensers used to create photocathodes in X-ray image intensifiers until 31 December 2019 and in spare parts for X-ray systems placed on the EU market before 1 January 2020;
(l) Commission Delegated Directive 2014/12/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders on printed circuit boards of detectors and data acquisition units for Positron Emission Tomographs which are integrated into Magnetic Resonance Imaging equipment;
(m) Commission Delegated Directive 2014/13/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders on populated printed circuit boards used in Directive 93/42/EEC class IIa and IIb mobile medical devices other than portable emergency defibrillators;
(n) Commission Delegated Directive 2014/14/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for 3,5 mg mercury per lamp in single capped compact fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20 000 h;
(o) Commission Delegated Directive 2014/15/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead, cadmium and hexavalent chromium in reused spare parts, recovered from medical devices placed on the market before 22 July 2014 and used in Category 8 equipment placed on the market before 22 July 2021 provided that reuse takes place in auditable closed-loop business to business return systems and that the reuse of parts is notified to the consumer;
(p) Commission Delegated Directive 2014/16/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an activator in the fluorescent powder of discharge lamps when used for extracorporeal photopheresis lamps containing BSP (BaSi 2 O 5:Pb) phosphors.
S.I. No. 619/2014 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment No. 2) Regulations 2014.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment No. 2) Regulations 2014.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014;”.
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GIVEN under my Official Seal,
31 December 2014.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
a) Commission Delegated Directive 2014/69/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in dielectric ceramic in capacitors for a rated voltage of less than 125 V AC or 250 V DC for industrial monitoring and control instruments;
b) Commission Delegated Directive 2014/70/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in micro-channel plates (MCPs);
c) Commission Delegated Directive 2014/71/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solder in one interface of large area stacked die elements;
d) Commission Delegated Directive 2014/72/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders and termination finishes of electrical and electronic components and finishes of printed circuit boards used in ignition modules and other electrical and electronic engine control systems;
e) Commission Delegated Directive 2014/73/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in platinized platinum electrodes used for conductivity measurements;
f) Commission Delegated Directive 2014/74/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead used in other than C-press compliant pin connector systems for industrial monitoring and control instruments;
g) Commission Delegated Directive 2014/75/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for mercury in cold cathode fluorescent lamps (CCFLs) for back-lighting liquid crystal displays, not exceeding 5 mg per lamp, used in industrial monitoring and control instruments placed on the market before 22 July 2017;
h) Commission Delegated Directive 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for Mercury in hand crafted luminous discharge tubes (HLDTs) used for signs, decorative or architectural and specialist lighting and light-artwork.
S.I. No. 619/2014 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment No. 2) Regulations 2014.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment No. 2) Regulations 2014.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014;”.
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GIVEN under my Official Seal,
31 December 2014.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
a) Commission Delegated Directive 2014/69/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in dielectric ceramic in capacitors for a rated voltage of less than 125 V AC or 250 V DC for industrial monitoring and control instruments;
b) Commission Delegated Directive 2014/70/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in micro-channel plates (MCPs);
c) Commission Delegated Directive 2014/71/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solder in one interface of large area stacked die elements;
d) Commission Delegated Directive 2014/72/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders and termination finishes of electrical and electronic components and finishes of printed circuit boards used in ignition modules and other electrical and electronic engine control systems;
e) Commission Delegated Directive 2014/73/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in platinized platinum electrodes used for conductivity measurements;
f) Commission Delegated Directive 2014/74/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead used in other than C-press compliant pin connector systems for industrial monitoring and control instruments;
g) Commission Delegated Directive 2014/75/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for mercury in cold cathode fluorescent lamps (CCFLs) for back-lighting liquid crystal displays, not exceeding 5 mg per lamp, used in industrial monitoring and control instruments placed on the market before 22 July 2017;
h) Commission Delegated Directive 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for Mercury in hand crafted luminous discharge tubes (HLDTs) used for signs, decorative or architectural and specialist lighting and light-artwork.
S.I. No. 619/2014 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment No. 2) Regulations 2014.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment No. 2) Regulations 2014.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014;”.
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GIVEN under my Official Seal,
31 December 2014.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
a) Commission Delegated Directive 2014/69/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in dielectric ceramic in capacitors for a rated voltage of less than 125 V AC or 250 V DC for industrial monitoring and control instruments;
b) Commission Delegated Directive 2014/70/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in micro-channel plates (MCPs);
c) Commission Delegated Directive 2014/71/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solder in one interface of large area stacked die elements;
d) Commission Delegated Directive 2014/72/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders and termination finishes of electrical and electronic components and finishes of printed circuit boards used in ignition modules and other electrical and electronic engine control systems;
e) Commission Delegated Directive 2014/73/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in platinized platinum electrodes used for conductivity measurements;
f) Commission Delegated Directive 2014/74/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead used in other than C-press compliant pin connector systems for industrial monitoring and control instruments;
g) Commission Delegated Directive 2014/75/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for mercury in cold cathode fluorescent lamps (CCFLs) for back-lighting liquid crystal displays, not exceeding 5 mg per lamp, used in industrial monitoring and control instruments placed on the market before 22 July 2017;
h) Commission Delegated Directive 2014/76/EU of 13 March 2014 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for Mercury in hand crafted luminous discharge tubes (HLDTs) used for signs, decorative or architectural and specialist lighting and light-artwork.
S.I. No. 42/2016 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2016.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives 2015/573/EU and 2015/574/EU of the European Parliament and of the Council of 30 January 2015, amending, for the purposes of adapting to technical progress Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2016.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives 2015/573/EU and 2015/574/EU of the European Parliament and of the Council of 30 January 2015, amending, for the purposes of adapting to technical progress Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives 2015/573/EU and 2015/574/EU of the European Parliament and of the Council of 30 January 2015;”.
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GIVEN under my Official Seal,
1 February 2016.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
(a) Commission Delegated Directive (EU) 2015/573 of 30 January 2015 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in polyvinyl chloride sensors in in-vitro diagnostic medical devices;
(b) Commission Delegated Directive (EU) 2015/574 of 30 January 2015 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for mercury in intravascular ultrasound imaging systems.
S.I. No. 44/2017 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2017.
I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 amending, for the purposes of adapting to technical progress Annex II and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2017.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 amending, for the purposes of adapting to technical progress Annex II and Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives 2015/573/EU and 2015/574/EU of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016;”.
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GIVEN under my Official Seal,
3 February 2017.
DENIS NAUGHTEN,
Minister for Communications, Climate Action and the Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
a) Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 amending, for the purposes of adapting to technical progress, Annex II to Directive 2011/65/EU of the European Parliament and of the Council as regards the list of restricted substances;
b) Commission Delegated Directive (EU) 2016/585 of 12 February 2016 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead, cadmium, hexavalent chromium, and polybrominated diphenyl ethers (PBDE) in spare parts recovered from and used for the repair or refurbishment of medical devices or electron microscopes;
c) Commission Delegated Directive (EU) 2016/1029 of 19 April 2016 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium anodes in Hersch cells for certain oxygen sensors used in industrial monitoring and control instruments;
d) Commission Delegated Directive (EU) 2016/1028 of 19 April 2016 amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders of electrical connections to temperature measurement sensors in certain devices.
Privacy Statement Accessibility European Legislation Identifier
S.I. No. 533/2018 –
European Union (Mercury) Regulations 2018
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 20171 hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Mercury) Regulations 2018.
Interpretation
2. (1) In these Regulations—
“authorised person” means a person who is appointed in writing pursuant to Regulation 7 by a local authority, the Minister or the Environmental Protection Agency;
“Code of Practice” means the form of guidance given by the Dental Council pursuant to section 66 (2) of the Dentists Act 1985 (No. 9 of 1985);
“EU Regulation” means Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 20171;
“local authority” means a local authority within the meaning of the Local Government Act 2001 (No. 37 of 2001);
“Minister” means the Minister for Communications, Climate Action and Environment.
(2) A word or expression that is used in these Regulations and is also used in the EU Regulation shall have in these Regulations the same meaning as it has in the EU Regulation unless the contrary intention appears.
(3) In these Regulations, a reference to an Article is a reference to an Article of the EU Regulation.
(4) The reference in Article 10(6) to “authorised waste management establishment or undertaking” shall be construed as an operator that holds a waste collection permit within the meaning of section 34 of the Waste Management Act 1996 (No. 10 of 1996) for the purposes of handling and collecting amalgam waste.
Competent Authority for various requirements in Articles 5, 7, 8, 9, 12, 13 and 14
3. (1) The Environmental Protection Agency is the competent authority in the State for the purposes of monitoring compliance with—
(a) Article 5(1) (insofar as that provision relates to the manufacturing of certain mercury-added products in the circumstances referred to therein),
(b) Article 7(1), (2) and (3),
(c) Article 8(1) and (2),
(d) Article 9(1),
(e) Article 12(1), (2) and (3),
(f) Article 13(1) and (3), and
(g) Article 14(1), (2), (3) and (4).
(2) The Environmental Protection Agency is the competent authority in the State for the purposes of—
(a) the receipt of notifications under Article 8(3),
(b) the carrying out of the obligation referred to in Article 8(4),
(c) the development and implementation of a national plan in the circumstances outlined in Article 9(2),
(d) the receipt of the data and other information and materials that are specified in Article 12(1), and
(e) the receipt of the register referred to in Article 14(4) and the required communication to the Commission referred to in that provision.
Competent Authority for monitoring compliance requirements for dental facilities and handling of amalgam waste
4. (1) Each local authority shall monitor compliance by operators of dental facilities situated within its functional area with the obligation in Article 10(4).
(2) Each local authority shall monitor compliance by dental practitioners situated within its functional area with the obligations in Article 10(6).
Competent Authority for monitoring compliance with Article 10(1) and (2)
5. The Dental Council shall, in its Code of Practice, provide—
(a) for the use of dental amalgam in pre-dosed encapsulated form only,
(b) that dental amalgam shall not be used for dental treatment of deciduous teeth, of children under 15 years and of pregnant or breastfeeding women, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient,
(c) that a breach of paragraph (a) or (b) by a dental practitioner shall constitute a ground for a fitness to practice inquiry under section 38(1)(a) of the Dentists Act 1985 .
Application of Waste Regulations
6. The materials referred to in Article 11 of the EU Regulation shall be regarded as waste within the meaning of—
(a) section 4 of the Waste Management Act 1996 (No. 10 of 1996), and
(b) Regulation 4(2)(t) of the European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011 ( S.I. No. 324 of 2011 ),
and that Act and those Regulations shall apply accordingly to those materials.
Appointment of authorised persons
7. (1) The Environmental Protection Agency may appoint such and so many persons as it thinks fit to be authorised persons for the purposes of performing its functions under Regulation 3.
(2) A local authority or the Minister may appoint such and so many persons as it thinks fit to be authorised persons for the purposes of performing its functions under Regulation 4.
(3) A person appointed as an authorised person shall be furnished with a certificate of his or her appointment and shall, when exercising any power conferred on him or her under these Regulations, if requested by a person affected, produce to the person the certificate or a copy of it.
Powers of authorised persons
8. (1) An authorised person may, for the purpose of ensuring that these Regulations and the EU Regulation are being complied with—
(a) at all reasonable times enter any premises or place, at which there are reasonable grounds to believe that a substance or product to which the EU Regulation applies is being or has been manufactured, produced, stored, distributed, supplied or placed on the market or that records or equipment relating to the substance or product are kept, and search and inspect the premises or place and any substance, product, records, or equipment found therein,
(b) secure for later inspection any premises or place or part of it in which such substance, product, records or equipment are kept or there are reasonable grounds for believing that such substance, product, records or equipment are kept,
(c) require any person in charge of or employed in such premises or place to produce to the authorised person such books, documents or records (and in the case of such information in a non-legible form to reproduce it in a permanent legible form) that are in the person’s power or control or to give to the authorised person such information as the authorised person may reasonably require in relation to any entries in such records,
(d) take photographs at the premises of any such substance, product, records or equipment,
(e) inspect and take copies of or extracts from any such books, documents or records (including in the case of information in non-legible form a copy of or extract from such information in a permanent legible form),
(f) remove and retain, where the authorised person has reasonable cause to suspect that there has been a contravention of these Regulations, the substance, product, equipment or records for such period as may be reasonable for further examination or until the conclusion of any legal proceedings,
(g) require any person in charge of the premises, or any person who appears to the authorised person to be in possession of the substance or product to supply without payment, for test, examination or analysis sufficient samples thereof,
(h) require any person to afford the authorised person such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the authorised person to exercise any of the powers conferred on him or her under this Regulation.
(2) An authorised person shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (4) authorising such entry.
(3) An authorised person, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when exercising any powers conferred on an authorised person under this Regulation.
(4) If a judge of the District Court is satisfied on the sworn information of an authorised person that there are reasonable grounds for suspecting that there is information required by an authorised person under this Regulation held on any premises or place or there is a substance, product or equipment which an authorised person requires to inspect for the purposes of these Regulations or the EU Regulation or that such inspection is likely to disclose evidence of a contravention of these Regulations or the EU Regulation, the judge may issue a warrant authorising an authorised person, accompanied by such other authorised persons or by a member or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or place and exercise all or any of the powers conferred on an authorised person under this Regulation.
(5) An application under paragraph (4) shall be made to the judge of the District Court in whose district court district the premises is situated.
(6) A person shall not—
(a) obstruct or interfere with an authorised person in the exercise of his or her powers under this Regulation,
(b) without reasonable excuse fail to comply with a request from an authorised person under this Regulation, or
(c) make a statement to such authorised person which the person knows is false or misleading.
(7) A person who fails to comply with paragraph (6) commits an offence and is liable on summary conviction to a class A fine.
Penalties for breaches of EU Regulation
9. (1) A person who breaches Article 5(1) (insofar as that provision relates to the manufacturing of certain mercury-added products in the circumstances referred to therein) commits an offence and is liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months, or both.
(2) A person who breaches Article 7(1), (2) or (3), Article 8(1) or (2) commits an offence and is liable—
(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both, or
(b) on conviction on indictment to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years, or both.
(3) A person who fails to notify the Environmental Protection Agency in the circumstances outlined in Article 8(3), or, on making such a notification fails to include the information therein commits and offence and is liable—
(a) on summary conviction to a class A fine, or
(b) on conviction on indictment to a fine not exceeding €250,000.
(4) A person who breaches Article 9(1) commits an offence and is liable—
(a) on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months, or both, or
(b) on conviction on indictment to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years, or both.
(5) An operator of a dental facility who breaches an obligation in Article 10(4) commits an offence and is liable on summary conviction to a class D fine.
(6) A dental practitioner who breaches an obligation in Article 10(6) commits an offence and is liable—
(a) on summary conviction to a class B fine or imprisonment for a term not exceeding 3 months or both, or
(b) on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.
(7) A person who breaches Article 12(1) or (2) commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.
(8) A person who breaches Article 13(1) or (3) commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.
(9) A person who breaches Article 14(1), (2) or (3) commits an offence and is liable—
(a) on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months, or both, or
(b) on conviction on indictment to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years, or both.
(10) A person who breaches Article 14(4) commits an offence and is liable on summary conviction to a class D fine.
(11) An offence under paragraph (1), (2)(a), (3)(a), (4)(a), (7), (8), (9)(a), or (10) may be prosecuted by the Environmental Protection Agency.
(12) An offence under paragraph (5) or (6)(a) may be prosecuted by the local authority within whose functional area the breach occurs.
Application of Customs Act 2015 to import and export prohibitions in EU Regulation
10. A person who breaches Article 3(1), (2), (3) or (4), Article 4 (1), (2) or (3) or Article 5(1) (insofar as that provision relates to the import and export of certain mercury-added products in the circumstances referred to therein) commits an offence and shall, in accordance with section 50 of the Customs Act 2015 (No. 18 of 2015), be subject to the provisions of that Act.
Offences by bodies corporate
11. (1) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
Revocation
12. The European Communities Mercury (Export Ban and Safe Storage) Regulations 2012 ( S.I. No. 27 of 2012 ) are revoked.
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GIVEN under my Official Seal,
14 December 2018.
RICHARD BRUTON,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This Note is not part of the Statutory Instrument and does not purport to be a legal interpretation.)
These Regulations lay down the rules and penalties applicable to infringements of Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury and designate competent authorities to implement the EU Regulation.
1 OJ L 137, 24.5.2017, p.1.
S.I. No. 184/2018 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2018
I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 amending, for the purposes of adapting to technical progress Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2018.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 amending, for the purposes of adapting to technical progress Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “ the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives 2015/573/EU and 2015/574/EU of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017;”.
Commencement
4. These Regulations shall come into effect on 6 June 2018.
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GIVEN under my Official Seal,
30 May 2018.
DENIS NAUGHTEN,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
a) Commission Delegated Directive (EU) 2017/1975 of 7 August 2017 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium in colour converting light-emitting diodes (LEDs) for use in display systems;
b) Commission Delegated Directive (EU) 2017/1011 of 15 March 2017 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in white glasses used for optical applications;
c) Commission Delegated Directive (EU) 2017/1010 of 13 March 2017 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in bearing shells and bushes for certain refrigerant-containing compressors;
d) Commission Delegated Directive (EU) 2017/1009 of 13 March 2017 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and lead in filter glasses and glasses used for reflectance standards.
S.I. No. 383/2018 –
European Union (Properties of Waste which Render it Hazardous) Regulations 2018
INDEX
PART I
Preliminary and General
1. Citation
2. Interpretation
PART II
Amendment to the Act of 1996
3. Amendment of the Second Schedule of the Act of 1996
S.I. No. 383 of 2018
EUROPEAN UNION (PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS) REGULATIONS 2018
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 2nd October, 2018.
I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, hereby make the following regulations:
PART I
Preliminary and General
Citation
1. These Regulations may be cited as the European Union (Properties of Waste which Render it Hazardous) Regulations 2018.
Interpretation
2. (1) In these Regulations-
“Act of 1996” means the Waste Management Act 1996
PART II
Amendment of the Act of 1996
Amendment of the Second Schedule of the Act of 1996
3. The Act of 1996 is amended
(a) by substituting the following entry for HP 14 ‘Ecotoxic’ in the Second Schedule:
“‘HP 14 ‘Ecotoxic’: waste which presents or may present immediate or delayed risks for one or more sectors of the environment.
Waste which fulfils any of the following conditions shall be classified as hazardous by HP 14:
Waste which contains a substance classified as ozone depleting assigned the hazard statement code H420 in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (*1) and the concentration of such a substance equals or exceeds the concentration limit of 0,1 %.
[c(H420) ≥ 0,1 %]
Waste which contains one or more substances classified as aquatic acute assigned the hazard statement code H400 in accordance with Regulation (EC) No 1272/2008 and the sum of the concentrations of those substances equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % shall apply to such substances.
[Σ c (H400) ≥ 25 %]
Waste which contains one or more substances classified as aquatic chronic 1, 2 or 3 assigned to the hazard statement code(s) H410, H411 or H412 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic 1 (H410) multiplied by 100 added to the sum of the concentrations of all substances classified as aquatic chronic 2 (H411) multiplied by 10 added to the sum of the concentrations of all substances classified as aquatic chronic 3 (H412) equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411 or H412.
[100 Σc (H410) + 10 Σc (H411) + Σc (H412) ≥ 25 %]
Waste which contains one or more substances classified as aquatic chronic 1, 2, 3 or 4 assigned the hazard statement code(s) H410, H411, H412 or H413 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411, H412 or H413.
[Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25 %]
Where: Σ = sum and c = concentrations of the substances.”,
(b) The deletion of the Note below the entry for HP 15.
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GIVEN under my Official Seal,
27 September 2018.
DENIS NAUGHTEN,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation).
These Regulations provide for measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use and transpose Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives.
In particular, these Regulations provide for the transposition of Council Regulation (EU) 2017/997 of 8 June 2017 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 ‘Ecotoxic’.
S.I. No. 246/2019 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2019
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and (EU) 2018/742, (EU) 2018/741, (EU) 2018/740 and (EU) 2018/739 of the European Parliament and of the Council of 1 March 2018 and (EU) 2018/738, (EU) 2018/737 and (EU) 2018/736 of the European Parliament and of the Council of 27 February 2018 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 amending Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2019.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and (EU) 2018/742, (EU) 2018/741, (EU) 2018/740 and (EU) 2018/739 of the European Parliament and of the Council of 1 March 2018 and (EU) 2018/738, (EU) 2018/737 and (EU) 2018/736 of the European Parliament and of the Council of 27 February 2018 and Directive (EU) 2017/2102, amending Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment including for the purposes of adapting to technical progress Annex III.
Interpretation
3. In these Regulations “Principal Regulations” means the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ).
Amendment of Regulation 3 of the Principal Regulations
4. Regulation 3(1) of the Principal Regulations is amended –
(a) by substituting for the definition of “the Directive” the following:
“ “the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives 2015/573/EU and 2015/574/EU of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 and Commission Delegated Directives (EU) 2018/736, (EU) 2018/737 and (EU) 2018/738 of the European Parliament and of the Council of 27 February 2018 and Commission Delegated Directives (EU) 2018/739, (EU) 2018/740, (EU) 2018/741 and (EU) 2018/742 of the European Parliament and of the Council of 1 March 2018 and Commission Delegated Directive (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018;”.
(b) by the substitution of the following for the definition of non-road mobile machinery made available for professional use:
“ “non-road mobile machinery made available exclusively for professional use” means machinery, with an on-board power source or with a traction drive powered by an external power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working, and which is made available exclusively for professional use;”
Amendment to Regulation 4 of the Principal Regulations
4. Regulation 4 of the Principal Regulations is amended by the deletion of regulation 4(5).
Amendment to Schedule 2 of the Principal Regulations
5. Schedule 2 of the Principal Regulations is amended-
(a) by the substitution of the following for No. 7-
“7. Non-road machinery made available exclusively for professional use;”;
(b) by the insertion of the following after No. 10.
“11. Pipe Organs.”;
Amendment to Schedule 3 of the Principal Regulations
6. Schedule 3 of the Principal Regulations is amended-
(a) by the deletion of “and” at 1.(b);
(b) by the replacement of “.” with “;” at 1.(c);
(c) by the insertion of the following after 1.(c)-
“(d) to all other EEE that was outside the scope of Directive 2002/95/EC placed on the market on or after 22 July 2019.”;
(d) by the insertion of the following after 2.(e)-
“(ea) all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019;”;
(e) by the insertion of the following after 3.(b)-
“(c) recovered from medical devices or monitoring and control instruments placed on the market before 22 July 2014 and used in EEE placed on the market before 22 July 2024;
(d) recovered from in vitro diagnostic medical devises placed on the market before 22 July 2016 and used in EEE placed on the market before 22 July 2026;
(e) recovered from industrial monitoring and control instruments placed on the market before 22 July 2017 and used in EEE placed on the market before 22 July 2027;
(f) recovered from all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019, and used in equipment placed on the market before 22 July 2029,”.
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GIVEN under my Official Seal,
5 June 2019.
RICHARD BRUTON
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Directives:
a) Commission Delegated Directive (EU) 2019/178 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in bearing and bushes applied in certain non-road professional use equipment;
b) Commission Delegated Directive (EU) 2018/742 of 1 March 2018 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in high melting temperature solders;
c) Commission Delegated Directive (EU) 2018/741 of 1 March 2018 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element in copper;
d) Commission Delegated Directive (EU) 2018/740 of 1 March 2018 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element in aluminium;
e) Commission Delegated Directive (EU) 2018/739 of 1 March 2018 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element in steel;
f) Commission Delegated Directive (EU) 2018/738 of 27 February 2018 amending for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in cermet-based trimmer potentiometer elements;
g) Commission Delegate Directive (EU) 2018/737 of 27 February 2018 amending for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors;
h) Commission Delegate Directive (EU) 2018/736 of 27 February 2018 amending for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for certain electrical and electronic components containing lead in glass or ceramic;
i) Commission Directive (EU) 2017/2102 of 15 November 2017 amending Directive 2011/65/EU of the European Parliament and of the Council as regards the application scope and the exemption validity period.
S.I. No. 529/2021 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 2) Regulations 2021
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directive (EU) 2021/647 of 15 January 2021 amending, for the purposes of adapting to scientific and technical progress Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 2) Regulations 2021.
Purpose of Regulations
2. The purpose for which these Regulations are made is to give effect to the provisions of Commission Delegated Directive (EU) 2021/647 of the European Parliament and of the Council of 15 January 2021 amending, for the purposes of adapting to scientific and technical progress Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No.513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16/EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives (EU) 2015/573 and (EU) 2015/574 of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and Commission Delegated Directives (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 and Commission Delegated Directives (EU) 2018/736, (EU) 2018/737 and (EU) 2018/738 of the European Parliament and of the Council of 27 February 2018 and Commission Delegated Directives (EU) 2018/739, (EU) 2018/740, (EU) 2018/741 and (EU) 2018/742 of the European Parliament and of the Council of 1 March 2018 and Commission Delegated Directive (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/169, (EU) 2019/170, (EU) 2019/171, (EU) 2019/172, (EU) 2019/173, (EU) 2019/174, (EU) 2019/175, (EU) 2019/176, (EU) 2019/177 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/1845 and (EU) 2019/1846 of the European Parliament and of the Council of 8 August 2019 and Commission Delegated Directive (EU) 2020/364 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directives (EU) 2020/360, (EU) 2020/361, (EU) 2020/365 and (EU) 2020/366 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directive (EU) 2021/647 of the European Parliament and of the Council of 15 January 2021;”.
Commencement
4. These Regulations shall come into effect on 1 November 2021.
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GIVEN under my Official Seal,
14 October 2021.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directive:
(a) Commission Delegated Directive (EU) 2021/647 of 15 January 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of certain lead and hexavalent chromium compounds in electric and electronic initiators of explosives for civil (professional use).
S.I. No. 191/2022 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2022
EUROPEAN UNION (RESTRICTION OF CERTAIN HAZARDOUS SUBSTANCES IN ELECTRICAL AND ELECTRONIC EQUIPMENT) (AMENDMENT) REGULATIONS 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives (EU) 2021/1978, (EU) 2021/1979 and (EU) 2021/1980 of 11 August 2021 amending, for the purposes of adapting to scientific and technical progress Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2022.
Purpose of Regulations
2. The purpose for which these Regulations are made is to give effect to the provisions of Commission Delegated Directives (EU) 2021/1978, (EU) 2021/1979 and (EU) 2021/1980 of the European Parliament and of the Council of 11 August 2021 amending, for the purposes of adapting to scientific and technical progress Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16/EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives (EU) 2015/573 and (EU) 2015/574 of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and Commission Delegated Directives (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 and Commission Delegated Directives (EU) 2018/736, (EU) 2018/737 and (EU) 2018/738 of the European Parliament and of the Council of 27 February 2018 and Commission Delegated Directives (EU) 2018/739, (EU) 2018/740, (EU) 2018/741 and (EU) 2018/742 of the European Parliament and of the Council of 1 March 2018 and Commission Delegated Directive (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/169, (EU) 2019/170, (EU) 2019/171, (EU) 2019/172, (EU) 2019/173, (EU) 2019/174, (EU) 2019/175, (EU) 2019/176, (EU) 2019/177 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/1845 and (EU) 2019/1846 of the European Parliament and of the Council of 8 August 2019 and Commission Delegated Directive (EU) 2020/364 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directives (EU) 2020/360, (EU) 2020/361, (EU) 2020/365 and (EU) 2020/366 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directive (EU) 2021/647 of the European Parliament and of the Council of 15 January 2021 and Commission Delegated Directives (EU) 2021/1978, (EU) 2021/1979 and (EU) 2021/1980 of the European Parliament and of the Council of 11 August 2021;”.
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GIVEN under my Official Seal,
21 April 2022.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
a) Commission Delegated Directive (EU) 2021/1978 of 11 August 2021 amending, for the purposes of adapting to scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of bis(2-ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP) in spare parts recovered from and used for the repair or refurbishment of medical devices.
b) Commission Delegated Directive (EU) 2021/1979 of 11 August 2021 amending, for the purposes of adapting to scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of bis(2-ethylhexyl) phthalate (DEHP) in plastic components in magnetic resonance imaging (MRI) detector coils.
c) Commission Delegated Directive (EU) 2021/1980 of 11 August 2021 amending, for the purposes of adapting to scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of bis(2-ethylhexyl) phthalate (DEHP) in ion-selective electrodes for analysing human body fluids and/or dialysate fluids.
S.I. No. 314/2022 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 2) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directive (EU) 2021/884 of 8 March 2021 amending, for the purposes of adapting to scientific and technical progress Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 2) Regulations 2022.
Purpose of Regulations
2. The purpose for which these Regulations are made is to give effect to the provisions of Commission Delegated Directive (EU) 2021/884 of the European Parliament and of the Council of 8 March 2021 amending, for the purposes of adapting to scientific and technical progress Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16/EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives (EU) 2015/573 and (EU) 2015/574 of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and Commission Delegated Directives (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 and Commission Delegated Directives (EU) 2018/736, (EU) 2018/737 and (EU) 2018/738 of the European Parliament and of the Council of 27 February 2018 and Commission Delegated Directives (EU) 2018/739, (EU) 2018/740, (EU) 2018/741 and (EU) 2018/742 of the European Parliament and of the Council of 1 March 2018 and Commission Delegated Directive (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/169, (EU) 2019/170, (EU) 2019/171, (EU) 2019/172, (EU) 2019/173, (EU) 2019/174, (EU) 2019/175, (EU) 2019/176, (EU) 2019/177 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/1845 and (EU) 2019/1846 of the European Parliament and of the Council of 8 August 2019 and Commission Delegated Directive (EU) 2020/364 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directives (EU) 2020/360, (EU) 2020/361, (EU) 2020/365 and (EU) 2020/366 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directive (EU) 2021/647 of the European Parliament and of the Council of 15 January 2021 and Commission Delegated Directives (EU) 2021/1978, (EU) 2021/1979 and (EU) 2021/1980 of the European Parliament and of the Council of 11 August 2021 and Commission Delegated Directive (EU) 2021/884 of the European Parliament and of the Council of 8 March 2021;”.
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GIVEN under my Official Seal,
29 June, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directive:
a) Commission Delegated Directive (EU) 2021/884 of 8 March 2021 amending, for the purposes of adapting to scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards the validity period of an exemption for the use of mercury in electric rotating connectors used in intravascular ultrasound imaging systems.
S.I. No. 428/2022 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 3) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives (EU) 2022/274, (EU) 2022/275, (EU) 2022/276, (EU) 2022/277, (EU) 2022/278, (EU) 2022/279, (EU) 2022/280, (EU) 2022/281, (EU) 2022/282, (EU) 2022/283, (EU) 2022/284 and (EU) 2022/287 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) (No. 3) Regulations 2022.
Purpose of Regulations
2. The purpose for which these Regulations are made is to give effect to the provisions of Commission Delegated Directives (EU) 2022/274, (EU) 2022/275, (EU) 2022/276, (EU) 2022/277, (EU) 2022/278, (EU) 2022/279, (EU) 2022/280, (EU) 2022/281, (EU) 2022/282, (EU) 2022/283, (EU) 2022/284 and (EU) 2022/287 of the European Parliament and of the Council of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress Annex III to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ “the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16/EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives (EU) 2015/573 and (EU) 2015/574 of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and Commission Delegated Directives (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 and Commission Delegated Directives (EU) 2018/736, (EU) 2018/737 and (EU) 2018/738 of the European Parliament and of the Council of 27 February 2018 and Commission Delegated Directives (EU) 2018/739, (EU) 2018/740, (EU) 2018/741 and (EU) 2018/742 of the European Parliament and of the Council of 1 March 2018 and Commission Delegated Directive (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/169, (EU) 2019/170, (EU) 2019/171, (EU) 2019/172, (EU) 2019/173, (EU) 2019/174, (EU) 2019/175, (EU) 2019/176, (EU) 2019/177 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/1845 and (EU) 2019/1846 of the European Parliament and of the Council of 8 August 2019 and Commission Delegated Directive (EU) 2020/364 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directives (EU) 2020/360, (EU) 2020/361, (EU) 2020/365 and (EU) 2020/366 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directive (EU) 2021/647 of the European Parliament and of the Council of 15 January 2021 and Commission Delegated Directives (EU) 2021/1978, (EU) 2021/1979 and (EU) 2021/1980 of the European Parliament and of the Council of 11 August 2021 and Commission Delegated Directive (EU) 2021/884 of the European Parliament and of the Council of 8 March 2021 and Commission Delegated Directives (EU) 2022/274, (EU) 2022/275, (EU) 2022/276, (EU) 2022/277, (EU) 2022/278, (EU) 2022/279, (EU) 2022/280, (EU) 2022/281, (EU) 2022/282, (EU) 2022/283, (EU) 2022/284 and (EU) 2022/287 of the European Parliament and of the Council of 13 December 2021;”.
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GIVEN under my Official Seal,
1 September, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
a) Commission Delegated Directive (EU) 2022/274 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps for special purposes.
b) Commission Delegated Directive (EU) 2022/275 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes.
c) Commission Delegated Directive (EU) 2022/276 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes.
d) Commission Delegated Directive (EU) 2022/277 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20 000 h.
e) Commission Delegated Directive (EU) 2022/278 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in metal halide lamps.
f) Commission Delegated Directive (EU) 2022/279 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other discharge lamps for special purposes.
g) Commission Delegated Directive (EU) 2022/280 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other low pressure discharge lamps.
h) Commission Delegated Directive (EU) 2022/281 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for special purposes.
i) Commission Delegated Directive (EU) 2022/282 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in non-linear tri-band phosphor lamps.
j) Commission Delegated Directive (EU) 2022/283 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in High Pressure Sodium (vapour) lamps with improved colour rendering index for general lighting purposes.
k) Commission Delegated Directive (EU) 2022/284 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in double-capped linear fluorescent lamps for general lighting purposes.
l) Commission Delegated Directive (EU) 2022/287 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in fluorescent lamps for other general lighting and special purposes.
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S.I. No. 67/2023 –
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2023
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives (EU) 2022/1631 and (EU) 2022/1632 of the European Parliament and of the Council of 12 May 2022 amending, for the purposes of adapting to scientific and technical progress Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2023.
Purpose of Regulations
2. The purpose for which these Regulations are made is to give effect to the provisions of Commission Delegated Directives (EU) 2022/1631 and (EU) 2022/1632 of the European Parliament and of the Council of 12 May 2022 amending, for the purposes of adapting to scientific and technical progress Annex IV to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Amendment of Definition
3. Regulation 3(1) of the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) is amended by substituting for the definition of “the Directive” the following:
“ ”the Directive“ means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16/EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives (EU) 2015/573 and (EU) 2015/574 of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and Commission Delegated Directives (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 and Commission Delegated Directives (EU) 2018/736, (EU) 2018/737 and (EU) 2018/738 of the European Parliament and of the Council of 27 February 2018 and Commission Delegated Directives (EU) 2018/739, (EU) 2018/740, (EU) 2018/741 and (EU) 2018/742 of the European Parliament and of the Council of 1 March 2018 and Commission Delegated Directive (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/169, (EU) 2019/170, (EU) 2019/171, (EU) 2019/172, (EU) 2019/173, (EU) 2019/174, (EU) 2019/175, (EU) 2019/176, (EU) 2019/177 of the European Parliament and of the Council of 16 November 2018 and Commission Delegated Directives (EU) 2019/1845 and (EU) 2019/1846 of the European Parliament and of the Council of 8 August 2019 and Commission Delegated Directive (EU) 2020/364 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directives (EU) 2020/360, (EU) 2020/361, (EU) 2020/365 and (EU) 2020/366 of the European Parliament and of the Council of 17 December 2019 and Commission Delegated Directive (EU) 2021/647 of the European Parliament and of the Council of 15 January 2021 and Commission Delegated Directives (EU) 2021/1978, (EU) 2021/1979 and (EU) 2021/1980 of the European Parliament and of the Council of 11 August 2021 and Commission Delegated Directive (EU) 2021/884 of the European Parliament and of the Council of 8 March 2021 and Commission Delegated Directives (EU) 2022/274, (EU) 2022/275, (EU) 2022/276, (EU) 2022/277, (EU) 2022/278, (EU) 2022/279, (EU) 2022/280, (EU) 2022/281, (EU) 2022/282, (EU) 2022/283, (EU) 2022/284 and (EU) 2022/287 of the European Parliament and of the Council of 13 December 2021 and Commission Delegated Directives (EU) 2022/1631 and (EU) 2022/1632 of the European Parliament and of the Council of 12 May 2022;”.
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GIVEN under my Official Seal,
22 February, 2023.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Commission Delegated Directives:
a) Commission Delegated Directive (EU) 2022/1631 of 12 May 2022 amending, for the purposes of adapting to scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of lead in bismuth strontium calcium copper oxide superconductor cables and wires and lead in their electrical connections.
b) Commission Delegated Directive (EU) 2022/1632 of 12 May 2022 amending, for the purposes of adapting to scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of lead in certain magnetic resonance imaging devices.
S.I. No. 33/1982 –
The European Communities (Toxic and Dangerous Waste) Regulations, 1982.
THE EUROPEAN COMMUNITIES (TOXIC AND DANGEROUS WASTE) REGULATIONS, 1982.
The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 20th March, 1978 No. 78/319/EEC* hereby makes the following Regulations:—
*O.J. No. L 84/43, 31st March, 1978.
1 Citation and commencement.
1. (1) These Regulations may be cited as the European Communities (Toxic and Dangerous Waste) Regulations, 1982.
(2) These Regulations shall come into operation on the 1st day of January, 1983.
2 Interpretation.
2. (1) In these Regulations—
“authorised person” means a person appointed by a local authority or by the Minister to be an authorised person for the purposes of these Regulations;
“Community” means the European Economic Community;
“the Council Directive” means the Council Directive of 20th March, 1978 No. 78/319/EEC;
“disposal” includes the collection, sorting, carriage and treatment of toxic and dangerous waste as well as its storage and tipping above or under ground and the transformation operations necessary for its recovery, re-use or recycling and cognate words shall be construed accordingly;
“local authority” means—
( a ) in the case of the administrative county of Dublin, excluding the borough of Dún Laoghaire, the Council of the County of Dublin,
( b ) in the case of the borough of Dún Laoghaire, the corporation of the borough,
( c ) in the case of a county borough, the corporation of the county borough, and
( d ) in the case of any other administrative county, the council of the county;
“the Minister” means the Minister for the Environment;
“special waste plan” has the meaning assigned to it by article 4 (1) of these Regulations;
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary appears, the meaning in these Regulations that it has in that Directive.
(3) Where toxic and dangerous waste is imported into the State, the waste shall be regarded for the purposes of these Regulations as having been produced at the point of entry by the importer or the person who receives it at the point of entry on the importer’s behalf.
3 Designation of responsible authorities.
3. Each local authority shall be responsible for the planning, organisation, and supervision of operations for the disposal of toxic and dangerous waste in their area and the authorisation of the storage, treatment and depositing of such waste.
4 Special waste plans.
4. (1) Each local authority shall as soon as may be prepare a plan (in these Regulations referred to as a “special waste plan”) for the disposal of toxic and dangerous waste indicating—
( a ) the types and quantities of toxic and dangerous waste to be disposed of;
( b ) the methods of disposal;
( c ) specialised treatment centres where necessary;
( d ) suitable disposal sites.
(2) A special waste plan shall be designed to secure that toxic and dangerous waste is disposed of without endangering human health and without harming the environment and, in particular—
( a ) without risk to water, air, soil, plants or animals;
( b ) without causing a nuisance through noise or odours; and
( c ) without adversely affecting the countryside or places of special interest.
(3) A special waste plan may include the estimated costs of disposal operations and such other matters as the local authority may consider appropriate having regard to the purposes of the Council Directive.
(4) Where a local authority have made a special waste plan they shall, from time to time as occasion may require or whenever they are directed to do so by the Minister, review the plan and make any variations in it (whether by way of alteration, addition or deletion) which they consider proper or make a new plan.
(5) Where a local authority make a special waste plan or variations of any such plan, they shall cause a notice of making to be published in at least one newspaper circulating in their area.
(6) A notice under subarticle (5) of this article shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly).
5 Permits.
5. (1) A local authority may issue a permit to any person, including another local authority, for the storage, treatment or deposit of toxic and dangerous waste in their area.
(2) A permit under this article shall specify—
( a ) the type and quantity of waste;
( b ) the technical requirements;
( c ) the precautions to be taken;
( d ) the disposal sites;
( e ) the methods of disposal.
(3) A permit under this article may—
( a ) include conditions and obligations;
( b ) require that there be made available to the local authority information in relation to the waste;
( c ) be granted for a specified period; and
( d ) be renewed.
(4) A person, other than a local authority acting in its own area, shall not carry out the storage, treatment or deposit of toxic and dangerous waste, whether on his own behalf of that of another person, without an appropriate permit issued in pursuance of this article or in a manner contravening the terms of such permit.
(5) A person producing or holding toxic and dangerous waste who does not hold a permit under this article shall as soon as possible have such waste stored, treated or deposited by a person holding an appropriate permit or by a local authority.
6 Requirements in relation to the handling, storage and disposal of toxic and dangerous waste.
6. (1) A person shall not abandon toxic and dangerous waste or consign, tip, carry or discharge toxic and dangerous waste otherwise than in accordance with these Regulations.
(2) A person collecting, transporting, storing or depositing toxic and dangerous waste shall ensure that such waste is kept separate from other matter and residues in any case where contact with such matter or residues would be likely to give rise to a danger to human health or to harm the environment.
(3) A person consigning toxic and dangerous waste shall ensure that the packaging of the waste is appropriately labelled, the labels to indicate in particular the name and address of the producer of the waste, its nature, composition and quantity and, where applicable, the need to keep the waste separate from other matter and residues.
(4) A person transporting or storing toxic and dangerous waste shall take due precautions to ensure that the labelling provided for the waste is maintained in a legible condition.
7 Registers of toxic and dangerous waste operations.
7. (1) The holder of a permit under article 5 of these Regulations and any person producing, holding or disposing of toxic and dangerous waste shall maintain a register of such operations showing the quantity, nature, physical and chemical characteristics and origin of such waste and of the methods and sites used for disposing of such waste, including, where applicable, the dates of receipt and disposal and shall make the register available for examination by any authorised person and shall provide any relevant information when so requested by an authorised person.
(2) Any person disposing of toxic and dangerous waste by way of deposit on land shall record the location of each deposit of such waste and such records shall be regarded as being part of the register kept pursuant to subarticle (1) of this article.
(3) The records required to be kept in accordance with subarticle (2) of this article shall comprise a plan marked with a grid by means of which the location of deposits may be determined.
(4) Deposits recorded pursuant to subarticle (2) of this article shall be described by reference to the entries in the register kept in accordance with subarticle (1).
(5) Records kept pursuant to subarticle (2) of this article shall be sent to the local authority for the area for retention when the permit expires or is surrendered or when the depositing of waste on the site has ceased, whichever sooner occurs.
8 Consignment notes.
8. (1) Consignment notes shall be completed and dealt with in accordance with subarticle (3) or subarticle (4) as appropriate) of this article in respect of every consignment of toxic and dangerous waste (other than movements of waste within the premises where it is produced, or is being stored, treated or deposited).
(2) Consignment notes shall—
( a ) where they are to be used for a consignment to a destination within the State, be in the form set out in Schedule 1 to these Regulations and otherwise be in the form set out in Schedule 2 to these Regulations;
( b ) before use, be bound in books and be numbered serially in quintuplicate;
( c ) have printed on each copy instructions as to how the copy should be dealt with.
(3) Where the waste is being consigned to a destination within the State, the following provisions shall apply:—
( a ) the producer or holder of the waste (as the case may be) or his representative shall, before despatching the consignment, complete Part A on all five copies in a set of the appropriate consignment notes and the person collecting the waste shall complete Part B on all five copies, which Part shall be witnessed by the producer or holder of the waste or his representative;
( b ) the producer or holder shall—
(i) give the top four copies of the consignment note to the person collecting the waste for transport; and
(ii) retain the remaining copy;
( c ) the person transporting the waste shall ensure that the waste while in transit is accompanied by the copies of the consignment note given to him in accordance with paragraph (b) of this subarticle and, when delivering the waste to the person to whom it has been consigned, give the four copies of the consignment note to that person;
( d ) the person receiving the waste shall—
(i) complete Part C on the four copies;
(ii) retain a copy;
(iii) return a copy to the person who delivered the waste;
(iv) send a copy to the local authority for the area where the waste was produced or last held, as the case may be; and
(v) send a copy to the local authority for the area in which the waste is received.
( e ) the person who delivered the waste shall retain the copy of the consignment note returned to him by the person receiving the waste.
(4) Where the waste is to be consigned to a destination outside the State the following provisions shall apply:—
( a ) the producer or holder of the waste (as the case may be) or his representative shall, before despatching the consignment, complete Part A on the five copies in a set of the appropriate consignment notes and the person collecting the waste shall complete Part B on all five copies, which Part shall be witnessed by the producer or holder of the waste or his representative;
( b ) the producer or holder shall—
(i) give a copy of the consignment note to the person collecting the waste for transport;
(ii) send two copies to the local authority for the area where the waste then is;
(iii) attach a copy to the documents being sent to the person who will receive the waste at the point of entry to the country to which the waste is being consigned; and
(iv) retain the remaining copy;
( c ) the person transporting the waste shall ensure that the waste while in transit is accompanied by the copy of the consignment note given to him in accordance with subparagraph (b) (i) of this subarticle until such time as the waste either leaves the State or is accepted for loading on a ship or an aircraft for the purpose of export and he shall, thereafter, retain the form;
( d ) subject to subparagraph (e) of this subarticle, the producer or holder shall obtain documentary evidence of the arrival of the waste at its destination and retain such evidence until a date two years after the date of export;
( e ) where, by reason of the loss of the waste in transit or any other cause, the producer or holder is unable to comply with paragraph (d) of this subarticle, he shall inform the local authority of the circumstances which prevented compliance with that paragraph.
(5) Except where alternative arrangements are agreed with the local authority concerned, all forms to be sent to local authorities in accordance with subarticles (3) and (4) of this article shall be sent not later than the day (excluding any day that is a Saturday, Sunday, Good Friday and any day that is a public holiday for the purpose of the Holiday (Employees) Act, 1973 (No. 23 of 1973)) next following the day on which the waste is consigned or received (as the case may be).
(6) Consignment notes retained pursuant to subarticles (3) and (4) of this article shall be kept for at least two years from the date of the completion of the movement of waste to which they refer.
9 Powers of authorised persons.
9. (1) An authorised person shall have power to—
( a ) enter, inspect, examine and search at any reasonable time—
(i) any structure, premises or other land in or on which he has reasonable cause to believe that toxic and dangerous waste is being produced or held or is being disposed of; or
(ii) any vehicle or container which he has reasonable cause to believe is being used for the holding or disposal of toxic and dangerous waste;
( b ) require the person who appears to him to be in charge of such structure, premises or other land or vehicle or container to produce any substance or object which is in the possession or under the control of that person and which the authorised person suspects of being or containing toxic and dangerous waste and may require such person, or any person employed in or on such structure, premises or other land or vehicle, to produce any books, records or other documents which relate to any such substance or object;
( c ) inspect any substance or object and any book, record or other document produced in accordance with a requirement under these Regulations and, if he thinks fit, make a copy of an entry in such book, record or document;
( d ) make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with; and
( e ) in case, in the course of exercising a power conferred on him by this article, an authorised person finds or has produced to him any substance or object which appears to him to be or to contain toxic and dangerous waste, require the person who appears to him to be in control of such substance or object to give to him such information as it is in that person’s power to give as to who is the owner of the substance or object and the origin thereof.
(2) When exercising any powers conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.
10 Penalties.
10. A person who contravenes or fails to comply with a provision of these Regulations (other than article 4) or who obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
11 Prosecutions.
11. A prosecution for an offence under these Regulations may be taken—
( a ) in the case of obstruction of or interference with an authorised person appointed by the Minister, and
( b ) in any other case, by the local authority.
12 Regulations not to apply to certain wastes.
12. These Regulations shall not apply to—
( a ) radioactive waste;
( b ) animal carcases and agricultural waste of faecal origin;
( c ) explosives;
( d ) hospital waste;
( e ) effluents discharged into sewers and watercourses;
( f ) emissions to the atmosphere;
( g ) household waste;
( h ) mining waste;
( i ) other toxic and dangerous waste covered by specific Community rules.
13 S.I. No. 390 of 1979 .
13. The European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ) shall not apply to toxic and dangerous waste.
SCHEDULE 1
Form C.1.
Regulation 8 (2)
European Communities (Toxic and Dangerous Waste) Regulations, 1982.
Consignment note for consignments of toxic and dangerous waste.
(Not to be used for export consignments)
No. …………………………………………………… .
PART A (to be completed by the producer/holder of the waste)
I certify that the waste described hereunder originated from
(process)
…………………………………………………… …………………………………………………… ……….
by (name and address of waste producer) …………………………………………………… ……………………..
…………………………………………………… …………………………………………………… ……………………………
at …………………………………………………… …………………………………… in the local authority area of
……………………………………………….. and is to be taken to …………………………………………………… …
…………………………………………………… …………………………………………………… ……………………………
Description (type, nature, appearance, etc. of waste)
Components which are toxic/dangerous (giving concentrations in each case)
Quantity (including a statement of the size, type and number of containers)
Hazardous properties and special handling instructions (if any)
Signed …………………………………………………… ……………….. Date …………………………………………….
Name (block letters) …………………………………………………… ……………………………….. on behalf of.
…………………………………………………… …………………………………………………. Tel. No…………………
Position held by person signing …………………………………………………… …………………………………..
Local authority area …………………………………………………… ……………………………………………………
PART B (to be completed by the person collecting the waste)
I certify that I collected the waste described in Part A
on (date) …………………………………………………… ………… at (time ……………………………. and that I
have been informed of the hazards as set out in that Part.
Signed …………………………………………………… ……………. on behalf of……………………………………….
Signature of producer/holder or his representative as witness ………………………………………………..
…………………………………………………… …………………………………………………… …………………………….
PART C (to be completed by the person receiving the waste on behalf of a treatment, storage or disposal facility).
Name and address of facility …………………………………………………… ……………………………………….
…………………………………………………… …………………………………… Tel. No. ………………………………
I certify that the waste described in Part A was delivered to me in vehicle
(Reg. No.) …………………………………………………
at (time)
………………. on (date)
…………………………………………………… …………………………
and the carrier gave his name as
…………………………………………………… …………………………………………………… …
on behalf of
…………………………………………………… …………………………
The waste was accepted under
the terms of Permit No. …………………………………………………… ….
issued by (local authority)
…………………………………………………… ……………….
The waste will be finally disposed of at
…………………………………………………… ……..Signed
……………………………………………….. Date
…………………………………………………… ……..
Name (block letters) Position held by person
signing
…………………………………………………… …………………………………………………… …………….
SCHEDULE 2
Form C.2.
Regulation 8 (2)
European Communities (Toxic and Dangerous Waste) Regulations, 1982.
Consignment note for export consignments of toxic and dangerous waste.
(Not to be used for consignments to destinations within the State)
No. …………………………………………………… ……
PART A (to be completed by the producer/holder of the waste)
I certify that the waste described hereunder originated from
(process)
…………………………………………………… …………………………………………………… ………..
by (name and address of waste producer)
…………………………………………………… ……………
at …………………………………………………… …………………………………….. in the local authority area of
…………………………………………………… ……………………………….. and is being exported to (name and
address of consignee) …………………………………………………… ……………………………………………. The
ultimate disposer of the waste will be …………………………………………………… …………………….. and
the public authority responsible for waste disposal in the area where the
waste is to be disposed of is …………………………………………………… ……………………………………………
Description (type, nature, appearance, etc. of waste)
Components which are toxic/dangerous (giving concentrations in each case)
Quantity (including a statement of the size, type and numbers of containers)
Hazardous properties and special handling instructions (if any)
Signed …………………………………………………… …………..
Date ………………………………………………..
Name (block letters) …………………………………………………… ……………………………………. on behalf of
…………………………………………………… ………………………
Tel. No. ……………………………………………
Position held by person signing …………………………………………………… ………………………………………..
Local authority area …………………………………………………… …………………………………………………… …..
PART B (to be completed by the person collecting the waste)
I certify that I collected for export to the consignee named in Part A the waste described in that Part on (date) …………………………….. at (time) ………………………………….. and that I have been informed of the hazards as set out in that Part.
Signed …………………………………………………… …….
on behalf of ……………………………………………
Signature of producer/holder or his representative as witness
…………………………………………………… …………………………………………………… ……………………………..
GIVEN under the Official Seal of the Minister for the Environment
this 3rd day of March, 1982.
PETER BARRY
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations give effect to the Council Directive of 20th March 1978 (78/319/EEC) on toxic and dangerous waste. In the Regulations “toxic and dangerous waste” has the same meaning as in the Directive, namely, “any waste containing or contaminated by the substances and materials listed in the Annex to the Directive of such a nature, in such quantities or in such concentrations as to constitute a risk to health or the environment”. These substances and materials are—
Arsenic; arsenic compounds
Mercury; mercury compounds
Cadmium; cadmium compounds
Thallium; thallium compounds
Beryllium; beryllium compounds
Chrome 6 compounds
Lead; lead compounds
Antimony; antimony compounds
Phenols; phenol compounds
Cyanides, organic and inorganic
Isocyanates
Organic-halogen compounds, excluding inert polymeric materials and other substances referred to in this list or covered by other Directives concerning the disposal of toxic or dangerous waste
Chlorinated solvents
Organic solvents
Biocides and phyto-pharmaceutical substances
Tarry materials from refining and tar residues from distilling
Pharmaceutical compounds
Peroxides, chlorates, perchlorates and azides
Ethers
Chemical laboratory materials, not identifiable and/or new, whose effects on the environment are not known
Asbestos (dust and fibres)
Selenium; selenium compounds
Tellurium; tellurium compounds
Aromatic polycyclic compounds (with carcinogenic effects)
Metal carbonyls
Soluble copper compounds
Acids and/or basic substances used in the surface treatment and finishing of metal
The Regulations do not, apply to wastes of certain kinds (as listed in article 12) which are excluded from the scope of the relevant directive by article 3 thereof.
The Regulations designate the local authorities responsible for the planning, organisation, and supervision of operations for the disposal of toxic and dangerous waste in their areas and the authorisation of the storage, treatment and depositing of such waste. The Regulations also require those authorities to draw up plans entitled “special waste plans” for the safe disposal of toxic and dangerous waste. Any person storing, treating or depositing toxic and dangerous waste must have a permit from the appropriate local authority and may store, treat and deposit such waste only in such a manner as will not contravene the terms of the permit. Persons not holding a permit who are producers or holders of toxic and dangerous waste are required to have such waste stored, treated or deposited as soon as possible by a person holding an appropriate permit. Requirements are laid down in relation to the handling, storage and disposal of toxic and dangerous waste. The Regulations also require holders of permits and any persons producing, holding, transporting, treating or disposing of toxic and dangerous waste to maintain a register of such operations.
Persons transporting toxic and dangerous waste must ensure that it is accompanied by a consignment note in a prescribed form containing details of the waste. Consignment notes must be dealt with in accordance with procedures laid down in the Regulations. “Authorised persons”, i.e., persons appointed for the purposes of the Regulations by the Minister for the Environment or by the local authority, are given powers of inspection and examination in connection with the enforcement of the Regulations.
Conviction of an offence under the Regulations renders a person liable to a fine not exceeding £1,000 or imprisonment for not more than six months or both.