Various Waste Controls
Waste Management Act
PART I
Preliminary and General
Short title and commencement.
1.—(1) This Act may be cited as the Waste Management Act, 1996.
(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions:
Provided that if immediately before the expiration of the period of 2 years from the date of passing of this Act, this Act has not been commenced by an order under this section or any provision or provisions thereof remains or remain to be commenced by such an order (including as respects a particular purpose), this Act or the said provision or provisions shall come into operation (or, in the case of such provision or provisions that remains or remain to be commenced for a particular purpose, shall come into operation for that purpose) upon the expiration of the said period.
Annotations
Editorial Notes:
E3
Power pursuant to section exercised (1.07.1996) by Waste Management Act, 1996 (Commencement) Order 1996 (S.I. No. 192 of 1996).
2. The Waste Management Act, 1996 (other than sections 6 (2), 32 (2), 57 and 58) shall come into operation on the 1st day of July, 1996.
Community acts given effect to by this Act.
2.—The purposes for which the provisions of this Act are enacted include the purpose of giving effect to the Community acts specified in the Table to this section.
TABLE
F1[…]
F1[…]
Council Directive 76/403/EEC of 6 April, 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls1
Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances2
F2[Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment3F3[, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142
Council Directive 86/278/EEC of 12 June, 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture4
F1[…]
Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos5
Council Directive 89/369/EEC of 8 June, 1989 on the prevention of air pollution from new municipal waste incineration plants6
F1[…]
Council Directive 91/157/EEC of 18 March, 1991 on batteries and accumulators containing dangerous substances7
Council Directive 91/271/EEC of 21 May, 1991 concerning urban waste water treatment8
F1[…]
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 substances9
F4[Council Directive 1999/31/EC of 26 April 199910 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]
F5[Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 11
European Parliament and Council Directive 94/62/EC of 20 December, 1994 on packaging and packaging waste12
F6[F1[…]
European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles13
European Parliament and Council Directive 2000/76/EC of 4 December, 2000 on the incineration of waste14
F7[European Parliament and Council Directive 2002/95/EC of 27 January 200315 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
European Parliament and Council Directive 2002/96/EC of 27 January 200316 on waste electrical and electronic equipment
European Parliament and Council Directive 2003/108/EC of 8 December 200317 amending Directive 2002/96/EC on waste electrical and electronic equipment]
F8[Directive 2006/21/EC of the European Parliament and of the Council of 15 March 200618 on the management of waste from extractive industries
F9[…]
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives]
Annotations
Amendments:
F1
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 3(a)-(f).
F2
Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 3, in effect as per reg. 1(2).
F3
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 5.
F4
Inserted (21.02.2013) by European Communities (Metallic Mercury Waste) Regulations 2013 (S.I. No. 72 of 2013), reg. 2(a).
F5
Substituted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(1)(b), in effect as per reg. 1(2).
F6
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 19, S.I. No. 393 of 2004.
F7
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 4, in effect as per reg. 2.
F8
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 3(g).
F9
Deleted (7.01.2014) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 24, in effect as per reg. 2.
Editorial Notes:
E4
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.
E5
Previous affecting provision: section amended (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(1)(a), in effect as per reg. 1(2); section further amended as per F-note above.
E6
Previous affecting provision: power pursuant to section exercised (7.12.2007, 15.12.2007, and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3, subject to transitional provision and construed as per reg. 36(2), (3).
E7
Previous affecting provision: power pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 2; revoked (21.06.2014) by European Union (End-of-Life Vehicle) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3.
1O.J. No. L 108/41, 26 April, 1976
10 OJ No L182, 16.07.1999, p. 0001.
11 OJ L 190, 12.7.2006, p.1 ]
12O.J. No. L 365/10, 31 December, 1994
13O.J. No. L269, 21.10.2000, p.34.
14O.J. No. L332, 28.12.2000, p.91. ]
15 O.J. No. L 37/19, 13 February, 2003.
16 O.J. No. L 37/24, 13 February, 2003.
17 O.J. No. L 345/106, 31 December, 2003
18 OJ No. L102, 11.04.2006, p.15
2O.J. No. L 20/43, 26 January, 1980
3 O.J. No. L 26, 28.1.2012 p.1 ]
4O.J. No. L 181/6, 4 July, 1986
5O.J. No. L 85/40, 28 March, 1987
6O.J. No. L 163/32, 14 June, 1989
7O.J. No. L 78/38, 26 March, 1991
8O.J. No. L 135/40, 30 May, 1991
9O.J. No. L 264/51, 23 October, 1993
F10[
Non-application of this Act.
3. (1) This Act shall not apply to—
(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 200919 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) the dumping (within the meaning of the Dumping at Sea Act 1981 (No. 8 of 1981)) of waste at sea,
(e) radioactive waste,
(f) decommissioned explosives, or
(g) faecal matter, if not covered by subsection (2)(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health.
(2) This Act 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. 1069/2009 of the European Parliament and of the Council of 21 October 200920 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation) F11[, 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. 1069/2009;
(d) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC.
F12[(e) substances that are destined for use as feed materials as defined in point (g) of Article 3(2) of Regulation (EC)No 767/200910 of the European Parliament and of the Council and that do not consist of or contain animal by-products.]
(3) Without prejudice to obligations under other relevant Community acts, this Act shall not apply to sediments relocated inside surface waters for the purpose of managing waters and waterways or of preventing floods or mitigating the effects of floods and droughts or land reclamation if it is proved that the sediments are non-hazardous.]
Annotations
Amendments:
F10
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 4.
F11
Inserted (14.06.2011) by European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011), reg. 3.
F12
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 4.
19 OJ No. L140, 05.06.2009, p.114
21 OJ No. L300, 14.11.2009, p.1
F14[
Definitions of “activity”, “disposal”, “hazardous waste”, “recovery” and “waste”.
4. (1) In this Act—
“activity” includes operation;
“disposal”—
(a) means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy, and
(b) without prejudice to the generality of paragraph (a), includes the disposal operations listed in the Third Schedule,
and “waste disposal activity” shall be construed accordingly;
“hazardous waste” means waste which displays one or more of the hazardous properties listed in the Second Schedule;
F13[‘non-hazardous waste’ means waste which is not covered by the definition of hazardous waste.]
“recovery”—
(a) 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, and
(b) without prejudice to the generality of paragraph (a), includes the recovery operations listed in the Fourth Schedule,
and “waste recovery activity’ shall be construed accordingly;
“waste” means any substance or object which the holder discards or intends or is required to discard.
(2) A reference in this Act to waste shall be construed as including a reference to hazardous waste.]
Annotations
Amendments:
F13
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 5.
F14
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 4.
Editorial Notes:
E8
Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.
E9
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E10
Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part in effect as per reg. 1(2).
Interpretation generally.
5.—(1) In this Act, save where the context otherwise requires—
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963;
“the Act of 1987” means the Air Pollution Act, 1987;
“the Act of 1992” means the Environmental Protection Agency Act, 1992;
“aftercare” means, in relation to a facility which has been used for the purpose of waste recovery or disposal, any measures that are necessary to be taken in relation to the facility for the purpose of preventing environmental pollution following the cessation of the activity in question at the facility;
“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;
“any Minister of the Government concerned” means any Minister of the Government (other than the Minister) who, having regard to the functions vested in him or her, in the opinion of the Minister might be concerned with or interested in the matter in question;
F19[“authorised person” means F20[(other than in section 10A)] a person who is appointed in writing by—
(a) the Minister,
(b) a local authority,
(c) the Agency,
(d) the Commissioner of the Garda Síochána (or a member of the Garda Síochána nominated by that Commissioner for the purposes of appointing authorised persons under this Act), or
(e) such other person as may be prescribed,
to be an authorised person for the purposes of this Act or any Part or section thereof;]
“authorised waste collector” means a holder of a waste collection permit that is in force;
F15[‘backfilling’ means any recovery operation where suitable non-hazardous waste is used for purposes of reclamation in excavated areas or for engineering purposes in landscaping. Waste used for backfilling must substitute non-waste materials, be suitable for the aforementioned purposes, and be limited to the amount strictly necessary to achieve those purposes;]
F21[“best available techniques” means best available techniques as defined in Article 2(12) of Directive 2008/1/EC;
F18[‘bio-waste’ means biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants;]
“broker” means any person arranging the recovery or disposal of waste on behalf of others, including any such person that does not take physical possession of the waste;
“collection” means the gathering of waste, including the preliminary sorting and storage of waste for the purposes of transport to a waste treatment facility;]
“commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or for the purposes of sport, recreation, education or entertainment but does not include household, agricultural or industrial waste;
“Community act” means an act adopted by an institution of the European Communities;
F15[‘construction and demolition waste’ means waste generated by construction and demolition activities;]
“contravention” includes, in relation to any provision, a failure or refusal to comply with that provision, and “contravene” shall be construed accordingly;
F21[“dealer” means any person who acts in the role of principal to purchase and subsequently sell waste, including any such person who does not take physical possession of the waste;]
F22[“development” has the meaning assigned to it by section 3 of the Planning and Development Act 2000]
F23[‘EIA Directive’ means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142;]
“emission” has the meaning assigned to it by the Act of 1992;
“emission into the atmosphere” means the emission of a pollutant, within the meaning of the Act of 1987, into the atmosphere;
F24[“emission limit value” means the mass, expressed in terms of a specific parameter, concentration or level of an emission, or both a specific concentration and level of an emission, which may not be exceeded during one or more periods of time;]
F25[“Environment Fund” has the meaning assigned to it by section 74;]
F22[“environmental impact assessment” shall be construed in accordance with section 40(2A);]
F23[‘environmental impact assessment report’ shall be construed in accordance with section 40(2A);]
F26[F27[…]]
“environmental medium” has the meaning assigned to it by the Act of 1992;
“environmental pollution” means, in relation to waste, the holding, transport, recovery or disposal of waste in a manner which would F28[…] endanger human health or harm the environment, and in particular—
(a) create a risk to waters, the atmosphere, land, soil, plants or animals,
(b) create a nuisance through noise, odours or litter, or
(c) adversely affect the countryside or places of special interest;
“established activity” means—
(a) in relation to an activity the carrying on of which requires a waste licence, an activity—
(i) in respect of which a permission under Part IV of the Act of 1963 is granted before the date prescribed under section 39 (1) in respect of that activity (“the relevant date”) and which permission on that date has not ceased to have effect in accordance with the provisions of sections 2 and 4 of the Local Government (Planning and Development) Act, 1982, or
(ii) which is, immediately before the relevant date, being carried on or was, at any time during the period of 12 months ending on the said date, carried on, other than an activity which involves or is associated with an unauthorised structure or an unauthorised use within the meaning of the Act of 1963, and
(b) in any other case, an activity which was being lawfully carried on immediately before the commencement of the provision concerned of this Act that requires the use of the F29[best available techniques];
“European Communities” has the meaning assigned to it by the European Communities Act, 1972;
“European Waste Catalogue” means the list of waste set out in Commission Decision 94/3/EC of 20 December, 19931, (made pursuant to Article 1 (a) of Council Directive 75/442/EEC2 on waste) and includes such list as amended from time to time;
F25[“executive function” means a function other than a reserved function;]
F15[‘extended producer responsibility scheme’ means a set of measures taken by Member States to ensure that producers of products bear financial responsibility or financial and organisational responsibility for the management of the waste stage of a product’s life cycle.]
“facility” means, in relation to the recovery or disposal of waste, any site or premises used for such purpose;
F15[‘food waste’ means all food as defined in Article 2 of Regulation (EC) No 178/200211 of the European Parliament and of the Council that has become waste;]
“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;
F30[…]
“household waste” means waste produced within the curtilage of a building or self-contained part of a building used for the purposes of living accommodation;
F31[“Industrial Emissions Directive” means Directive 2010/75/EU1 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);]
“industrial waste” includes waste produced or arising from manufacturing or industrial activities or processes;
F31[“integrated pollution control activity” has the same meaning as it has in section 3 (amended by Regulation 4 of the European Union (Industrial Emissions) Regulations 2013) of the Act of 1992;1
“land” includes any subsoil thereunder and structure thereon and land covered with water (whether inland or coastal);
F32[“landfill” means a waste disposal site for the deposit of waste onto or into land (i.e. underground), including:
(a) internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production), and
(b) a permanent site (i.e. more than one year) which is used for temporary storage of waste, but excluding
(c) facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, and
(d) storage of waste prior to recovery or treatment for a period less than three years as a general rule, or
(e) storage of waste prior to disposal for a period less than one year.]
“leachate” means any liquid percolating through deposited waste and emitted from or contained within a landfill;
“local authority” means—
(a) in the case of a county borough, the corporation of the county borough, and
(b) in the case of any other administrative county, the council of the county,
and references to the functional area of a local authority shall be construed accordingly;
F25[“manager” means—
(a) with respect to the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and
(b) with respect to the council of a county, the manager for the purposes of the County Management Acts, 1940 to 1994;]
F15[‘material recovery’ means any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter alia, preparing for re-use, recycling and backfilling;]
F21[“Minister” means the Minister for the Environment, Heritage and Local Government;]
“monitoring” includes the inspection, measurement, sampling or analysis, whether periodically or continuously, for the purpose of this Act, of waste, a premises at which waste is produced, or a facility at
which waste is held, recovered or disposed of, and of any emissions therefrom, or any environmental medium which is affected by or which, in the opinion of the local authority concerned or the Agency may be affected by, such emissions;
“municipal waste” means household waste as well as commercial and other waste which, because of its nature or composition, is similar to household waste;
F15[‘municipal waste’ means:
(a) mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture;
(b) mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households;
Municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or construction and demolition waste. This definition is without prejudice to the allocation of responsibilities for waste management between public and private actors;]
“occupier” includes, in relation to any premises, the owner, a lessee, any person entitled to occupy the premises and any other person having, for the time being, control of the premises;
“packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such packaging as may be prescribed;
“person in charge” includes, in relation to any premises, the occupier of the premises or a manager, supervisor or operator of an activity relating to the holding, disposal or recovery of waste which is carried on at the premises;
“planning authority” has the meaning assigned to it by the Act of 1963;
“plant” includes any equipment, appliance, apparatus, machinery, vehicle, skip, works, building or other structure used for the purposes of, or the provision of which is incidental to, the holding, disposal or recovery of waste;
F30[…]
“premises” includes any messuage, building, vessel, structure or land (whether or not there are structures on the land and whether or not the land is covered with water), and any plant or vehicles on such land, or any hereditament of any tenure, together with any out-buildings and curtilage;
F33[“preparing for re-use” means checking, F34[cleaning] or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing;]
“prescribed” means prescribed by regulations made by the Minister under this Act;
F16[‘prevention’ means measures taken before a substance, material or product has become waste, that reduce:
(a) the quantity of waste, including through the re-use of products or the extension of the life span of products;
(b) the adverse impacts of the generated waste on the environment and human health; or
(c) the content of hazardous substances in materials and products;]
“product” includes any naturally occurring or manufactured thing;
“public authority” means—
(a) a Minister of the Government,
(b) the Commissioners of Public Works in Ireland,
(c) a local authority for the purposes of the Local Government Act, 1941,
(d) a harbour authority within the meaning of the Harbours Act, 1946,
(e) a health board established under the Health Act, 1970,
(f) a board or other body established by or under statute,
(g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or
(h) a company in which all the shares are held by a board, company, or other body referred to in paragraph (f) or (g) of this definition;
F21[“recycling”—
(a) subject to paragraph (b), means any recovery operation by which waste materials are reprocessed into products, materials or substances, whether for the original or other purposes, including the reprocessing of organic material,
(b) does not include—
(i) energy recovery, and
(ii) the reprocessing into materials that are to be used as fuels or for backfilling operations;
“regeneration of waste oils” means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils;
“the Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011);]
F15[‘the Regulations of 2020’ means the European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020);]
“reserved function” means—
(a) in relation to the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1994,
(b) in relation to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;
F33[“re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;
“separate collection” means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment;]
“service station” means any installation where fuel is capable of being dispensed to motor vehicle fuel tanks from stationary storage tanks;
“sewage” and “sewage effluent” have the meanings assigned to them by the Local Government (Water Pollution) Act, 1977;
“scheduled activity” means any process, development or operation for the time being specified in the First Schedule to the Act of 1992;
“structure” means any building, erection, structure, excavation, or other thing, constructed, erected, or made on, in or under land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;
“temporary storage of waste” shall be construed in accordance with subsection (3);
“transport” includes, in relation to waste, the movement of waste by road, rail, air, sea or inland waterway but does not include the movement of waste from one place to another—
(a) by means of any pipe or similar apparatus which joins those two places, or
(b) on and within the site at which the waste is held for the time being;
F21[“TFS Regulation” means Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 6 on shipments of waste;
“treatment” means recovery or disposal operations, including preparation prior to recovery or disposal;]
“vehicle” includes—
(a) part of a vehicle,
(b) an article designed as a vehicle but not capable of functioning as a vehicle,
(c) a skip designed or used for carriage on a vehicle,
(d) a load on a vehicle;
“waste collection permit” has the meaning assigned to it by section 34;
F33[“Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives;
“waste holder” means the waste producer or the person who is in possession of the waste;
F17[‘waste management’ means the collection, transport, recovery including sorting, and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker;]
“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;
“waste producer” means anyone—
(a) whose activities produce waste (in this Act referred to as the “original waste producer”), or
(b) who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of such waste;
“waste prevention and management legislation and policy” means—
(a) this Act and regulations made under this Act,
(b) policy issued by the Minister,
(c) waste management plans made by a local authority, or
(d) waste prevention programmes guidance or policy issued by the Agency;]
“waste licence” shall be construed in accordance with section 37;
F35[“waste service” means any service, facility, approval or other thing which a local authority may or is required to render, supply, grant, issue or otherwise provide in the performance of any of its functions under this Act to any person or in respect of any premises;]
“waters” has the meaning assigned to it by the Local Government (Water Pollution) Act, 1977.
F36[(1A) In this Act, a reference to—
(a) the date on which a waste licence is granted is a reference to the date on which the licence is sealed with the seal of the Agency, and
(b) the date on which a decision by the Agency to refuse a waste licence is made is a reference to the date on which that decision, as reduced to writing, is so sealed.]
F37[(2) (a) A reference in this Act to “best available techniques” shall be construed as meaning the most effective and advanced stage in the development of an activity and its methods of operation, which indicate the practical suitability of particular techniques for providing, in principle, the basis for emission limit values designed to prevent or eliminate, or where that is not practicable, generally to reduce an emission and its impact on the environment as a whole.
(b) For the purposes of paragraph (a)—
(i) “best”, in relation to techniques, means the most effective in achieving a high general level of protection of the environment as a whole;
(ii) “available techniques” means those techniques developed on a scale which allows implementation in the relevant class of activity specified in the Third and Fourth Schedules, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the State, as long as they are reasonably accessible to the person carrying on the activity;
(iii) “techniques” includes both the technology used and the way in which the installation is designed, built, managed, maintained, operated and decommissioned.
(c) F38[…]]
(3) In this Act, a reference to the temporary storage of waste shall, without prejudice to any particular provision that may be made pursuant to section 39 (6), be construed as a reference to the storage of waste for a period not exceeding 6 months.
F39[(3A) References in this Act to Dublin City Council are references to Dublin City Council in its designation as the competent authority under Article 53 of the TFS Regulation as provided for in Regulation 4 of the Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007).]
F40[(3B) Subject to this Act, a word or expression that is used in this Act and that is also used in the EIA Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]
(4) In this Act, a reference to a Part, section, or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.
(5) In this Act, a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision (including a Schedule) in which the reference occurs, unless it is indicated that a reference to some other provision is intended.
(6) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).
Annotations
Amendments:
F15
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 7.
F16
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 6
F17
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 6.
F18
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 6.
F19
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(a), S.I. No. 498 of 2003.
F20
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 33, S.I. No. 358 of 2015.
F21
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(i), (ii), (iv), (vii), (viii) and (x).
F22
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(a), in effect as per reg. 1(2).
F23
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 6(a)(i), (ii).
F24
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(b), S.I. No. 393 of 2004.
F25
Inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 3, commenced on enactment.
F26
Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(b), in effect as per reg. 1(2).
F27
Deleted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 6(a)(iii).
F28
Deleted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(2)(c), in effect as per reg. 1(2).
F29
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 21, S.I. No. 393 of 2004.
F30
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(iii) and (v).
F31
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 25(a).
F32
Substituted (8.12.2008) by Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008), reg. 11(1).
F33
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(vi), (ix), and (xi).
F34
Substituted (14.06.2011) by European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011), reg. 4.
F35
Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(c), S.I. No. 393 of 2003.
F36
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(2), S.I. No. 393 of 2004.
F37
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(3), S.I. No. 393 of 2004, subject to saver in s. 59.
F38
Deleted (7.01.2014) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 25(b), in effect as per reg. 2.
F39
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(b).
F40
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 6(b).
Editorial Notes:
E11
Definition of “municipal waste” superseded by insertion of new definition (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 7.
E12
Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.
E13
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E14
Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).
E15
Previous affecting provision: definition of “prevention” substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(vii); substituted as per F-note above.
E16
Previous affecting provision: subs. (1) amended (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(2)(a), (b) and (d), in effect as per reg. 1(2); substituted as per F-notes above.
E17
Previous affecting provision: subs. (3B) inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(c), in effect as per reg. 1(2); substituted as per F-note above.
1 OJ No. L 26, 28.1.2012, p.1
11 OJ L 31, 1.2.2002, p. 1
2 OJ No. L 124, 25.4.2014, p.1
6 OJ No. L 190, 12.7.2006, p.1
S.I. No. 113/2008 –
Waste Management (Registration of Brokers and Dealers) Regulations 2008
S.I. No. 113 of 2008
WASTE MANAGEMENT (REGISTRATION OF BROKERS AND DEALERS) REGULATIONS 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 25th April, 2008.
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), consider it necessary for the purpose of giving effect to the provisions of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 1 and for the purpose of giving further effect to Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 2006 2 , Council Directive 1999/31/EC of 26 April 1999 3 and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 4 to make provision for offences under the following regulations to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having further 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), for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations 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 regulations:
NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 7 of the Waste Management Act, 1996 (No. 10 of 1996) and 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 for the purpose of giving effect to Directive 2006/12/EC of the European Parliament and of the Council of 5 April 20061 and for the purpose of giving further effect to Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 20062, Council Directive 1999/31/EC of 26 April 19993 and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 20034 hereby makes the following Regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Waste Management (Registration of Brokers and Dealers) Regulations 2008.
(2) These Regulations shall come into effect on 1 July 2008.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of:
(1) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste 1 ,
(2) Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 2 (in these Regulations referred to as the TFS Regulation),
(3) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste 3 ,
(4) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC 4 .
Interpretation generally
3. (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, Schedule or paragraph, which is not otherwise identified, is a reference to a Regulation or Schedule of these Regulations or to a paragraph of the provision in which the reference occurs;
(b) “Act” means 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 ), and the Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 );
(c) “Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act, 1992 ;
(d) “broker” means any person arranging the recovery or disposal of waste on behalf of others and includes those brokers who do not take physical possession of the waste;
(e) “competent authority” means that body designated as such pursuant to Regulation 4;
(f) “dealer” means anyone who acts in the role of principal to purchase and subsequently sell waste and includes those dealers who do not take physical possession of the waste.
Designation of competent authority
4. (1) Dublin City Council is designated as the competent authority under Article 6 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste 1 (hereafter referred to as the competent authority) for the purposes of Article 12 of that Directive. It shall be responsible for the registration of dealers and brokers pursuant to these Regulations and for such purposes shall operate both within and outside its functional area.
(2) The powers and functions conferred on the competent authority pursuant to these Regulations may be performed on its behalf by any authorised officer duly appointed in writing pursuant to Regulation 4(3).
(3) For the purposes of these Regulations, “authorised officer” means a person appointed in writing by either:—
(a) the competent authority, or,
(b) the Commissioner of An Garda Síochána (or a member of An Garda Síochána nominated by that Commissioner for the purposes of appointing authorised officers under these Regulations)
to be an authorised officer for the purposes of these Regulations.
(4) Without prejudice to the powers conferred on the competent authority or its authorised officers by these Regulations, it is declared that the provisions of section 14 of the Act, subject to any modifications or adaptations as may be required, shall apply in relation to these Regulations.
Register of brokers and dealers
5. (1) The competent authority shall enter particulars of all brokers and dealers registered by it pursuant to these Regulations in the register established and maintained by it (in its capacity as a local authority) pursuant to section 19 of the Act.
(2) For the purposes of Regulation 5(1), the competent authority may prescribe the information to be entered therein, and the form and manner in which such information shall be entered and maintained, which information shall include, but not necessarily be limited to, the name and address of the broker or dealer to whom a certificate of registration has issued.
(3) All entries and additions made by the competent authority to the register referred to in Regulation 5(1) for the purposes of these Regulations are prescribed for the purposes of section 19 of the Act.
Duty of brokers and dealers to register with the competent authority
6. Subject to the provisions of Regulation 7, each broker or dealer shall apply for registration to the competent authority not later than 30 June 2008 or the date of commencement of business whichever is the later.
Contents of an application for a certificate of registration
7. (1) Without prejudice to Regulation 7(2), an application for registration under Regulation 6 shall be made in writing in such form as may be determined by the competent authority and shall require from each broker or dealer (hereafter referred to as the applicant) such information or material or both as may be prescribed by the competent authority which may inter alia include:—
(a) the full name of the applicant,
(b) all business names used or proposed to be used by the applicant in the course of any business, trade or occupation carried out by him,
(c) the address of the applicant’s principal place of business and, where applicable, the applicant’s telephone number, telefax number and e-mail address,
(d) if the applicant is a partnership, the name and address of each partner,
(e) if the applicant is a body corporate, the address of its registered office and the name and address of any person who is a director, manager, company secretary or other similar officer of the body corporate,
(f) if the applicant is resident outside of the State, the address of the applicant’s principal place of business within the State,
(g) details of all waste customarily dealt with by the applicant,
(h) details of any offence of which the applicant has been convicted contrary to those enactments listed in Schedule 2 within the period of ten years prior to the date of any application pursuant to this Regulation, including details of the court that imposed the conviction together with details of all penalties and sanctions incurred,
(i) details of any requirement imposed on the applicant by order of a court pursuant to sections 57 or 58 of the Act.
(2) (a) Where the applicant is a body corporate, the information to be provided pursuant to Regulation 7(1)(f) and 7(1)(i) shall include such information in relation to both the applicant and:—
(i) each director, manager, company secretary or other similar officer of the applicant, and
(ii) if applicable, each body corporate in which any director, manager, company secretary or other similar officer of the applicant is or has been at any time during the period of ten years prior to the date of any application pursuant to this Regulation, a director, manager, company secretary or other similar officer.
(b) Where the applicant is a natural person or a partnership, the information to be provided pursuant to Regulation 7(1)(f) and 7(1)(i) shall include such information in relation to both the applicant and any body corporate, if applicable, in which the applicant or any partner of the applicant, as the case may be, is, or has been, at any time during the period of ten years prior to the date of any application pursuant to this Regulation, a director, manager, company secretary or other similar officer.
(3) An application pursuant to Regulation 7(1) shall be accompanied by such information or material or both as may be prescribed by the competent authority, which may inter alia include:—
(a) a statutory declaration, in the form as set out in Schedule 1, signed by the applicant or, where the applicant is a partnership, each partner, or where the applicant is a body corporate, a director, manager, company secretary or other similar officer of the applicant,
(b) where the applicant is a body corporate, a copy of the applicant’s certificate of incorporation, certified by the Registrar of Companies under section 370(1)(b) of the Companies Act, 1963 (No. 33 of 1963) or where the applicant is incorporated outside the State, the equivalent certificate from the appropriate authority of that State,
(c) where the applicant carries on business under a name other than that of the applicant, a copy of a certificate of registration under the Registration of Business Names Act, 1963 (No. 30 of 1963) certified in accordance with section 16(1)(b) of that Act,
(d) where the applicant’s principal place of business is outside of this State, confirmation from the competent authority or authorities of that State (who have been designated as such under Article 53 of the TFS Regulation or from any equivalent authority if the applicant’s principal place of business is outside the European Community) of the applicant’s registration or authorisation under the relevant legislation in that State,
(e) the appropriate fee as prescribed by the competent authority.
(4) Any applicant who makes any false or misleading statement in any application under this Regulation or in any document required thereunder or who otherwise provides false or misleading information to the competent authority is guilty of an offence.
Determination of an application for certificate of registration
8. (1) Subject to Regulations 8(2), 8(3) and 9, the competent authority shall issue to each broker or dealer a certificate of registration in such form and manner and containing such information as it may prescribe which shall be valid for such period as may be specified by it but which shall not exceed five years and shall enter particulars of that broker or dealer in the register referred to in Regulation 5(1).
(2) The competent authority shall refuse an application for registration or for renewal of registration, as the case may be, of any broker or dealer where:—
(a) the broker or dealer has failed to provide all information or material, or both, required for the purposes of an application for registration or for renewal of registration pursuant to these Regulations,
(b) it is satisfied that the broker or dealer is not a fit and proper person, or
(c) in its opinion, based on the information at its disposal, the broker or dealer is likely to cause environmental pollution or to contravene either the TFS Regulation or these Regulations.
(3) For the purposes of this Regulation, a broker or dealer shall be regarded as a fit and proper person if—
(a) neither the broker or dealer has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990, the Air Pollution Act, 1987 or any enactment specified in Schedule 2,
(b) in the opinion of the competent authority, either the broker or dealer or any person or persons employed by him has the requisite knowledge or qualifications to carry on the activity to which a certificate of registration will relate,
(c) in the opinion of the competent authority, the broker or dealer is likely to be in a position to meet any financial commitments or liabilities that the competent authority reasonably considers may arise, in particular any take back obligations of waste either under Chapter 4 of the TFS Regulation or otherwise.
(4) The competent authority may, if it considers it proper to do so in any particular case, regard any broker or dealer as a fit and proper person for the purposes of these Regulations, notwithstanding that the broker or dealer concerned is not a person to whom Regulation 8(3) applies.
Competent authority may impose conditions
9. The competent authority shall attach to each certificate of registration issued by it pursuant to Regulation 8(1) or Regulation 10(3), as the case may be, such conditions as it deems necessary to:—
(1) give effect to the provisions of the Community Acts specified in Regulation 2,
(2) ensure the protection of the environment or in order to prevent an illegal shipment or both,
(3) require the maintenance of adequate records by the broker or dealer, and,
(4) ensure the provision of data from the broker or dealer to the competent authority for waste movement data collection or the monitoring of such waste movements by it.
Renewal of certificate of registration
10. (1) A certificate of registration shall be valid from the date of registration to such date as may be specified by the competent authority pursuant to Regulation 8(1).
(2) An application for renewal of registration shall be made in writing before the expiration of the period of validity of registration in such form as may be determined by the competent authority and shall require from each broker or dealer such information or material, or both, as may be prescribed by the competent authority which shall include inter alia such information or material, or both, prescribed for the purposes of an application for registration pursuant to Regulation 7.
(3) Subject to Regulations 8(2), 8(3) and 9, the competent authority shall issue to each broker or dealer a renewed certificate of registration in such form and manner and containing such information as it may prescribe which shall be valid for such period as may be specified by it but which shall not exceed five years and shall enter or add, as necessary, particulars of that broker or dealer in the register referred to in Regulation 5(1).
(4) Where a broker or dealer fails to apply for renewal of registration in accordance with this Regulation, the competent authority shall, upon the expiration of the applicable registration period, inform that person, by notice in writing, that the broker or dealer shall be removed from the register within one month from the date of such notice unless an application is received for renewal of registration pursuant to this Regulation.
(5) Where a broker or dealer fails to apply for renewal of registration in accordance with Regulation 10(4), the competent authority shall remove the broker’s particulars from the register referred to in Regulation 5.
Revocation of a certificate of registration
11. (1) The competent authority may revoke a certificate of registration and remove particulars of that broker or dealer from the register referred to in Regulation 5(1) if, in the opinion of the competent authority:—
(a) the broker or dealer is no longer a fit and proper person,
(b) the broker or dealer is in contravention of the conditions of the certificate of registration granted by the competent authority,
(c) the broker or dealer is likely, by a continuation of his, her or its activities, to cause environmental pollution,
(d) the broker or dealer is participating in, or facilitating, a shipment of waste which is contrary to either or both the provisions of the TFS Regulation and these Regulations, or
(e) the broker or dealer has failed to comply with any obligation or duty imposed upon him, her or it pursuant to either these Regulations, the TFS Regulation or any other enactment.
(2) Where the competent authority proposes to revoke a certificate of registration pursuant to Regulation 11(1) or to refuse an application for registration or for renewal of registration pursuant to Regulation 8(2) the competent authority shall:—
(a) notify all persons concerned in writing of the proposal and of the reasons therefor,
(b) notify that person in writing that he, she or it, or a person acting on his, her or its behalf, may make representations to the competent authority in relation to the proposal within 14 days of the issue of the notification, and
(c) consider any such representations duly made before deciding whether or not to proceed with the proposal.
(3) Where the competent authority decides to proceed with the proposal and to revoke a certificate of registration or to refuse an application for registration or for renewal of registration, as the case may be, it shall, as soon as may be after making a decision to revoke any certificate of registration or to refuse an application for registration or for renewal of registration, give notice in writing of the decision and the reasons for the decision to the holder of the certificate of registration or to any person concerned by the decision, as the case may be, together with any local authority concerned and where the activity involves the collection of hazardous waste, to the Agency.
(4) Where the competent authority decides to refuse an application for registration or for renewal of registration or to revoke a certificate of registration previously granted by it pursuant to these Regulations, either the applicant for such certificate of registration or the former holder of any certificate of registration as the case may be, may within 30 working days of notification of the decision, appeal to the judge of the District Court in whose District Court area the applicant carries on business.
(5) On the hearing of an appeal under Regulation 11(4), the Court may either confirm or vary the decision or allow the appeal.
Transfer of certificate of registration
12. (1) A certificate of registration (hereafter referred to as ‘the certificate’) may be transferred from a broker or dealer to another person in accordance with this Regulation.
(2) Where a broker or dealer wishes to transfer the certificate to another person (hereafter referred to as ‘the proposed transferee’), both the broker or dealer and the proposed transferee shall jointly make an application to the competent authority requesting that such a transfer be effected by it.
(3) An application under Regulation 12(2) shall be made in such form and manner and include such information as may be prescribed by the competent authority.
(4) The competent authority may require the provision of further information from either the broker or dealer or the proposed transferee as it considers appropriate for the purposes of considering an application pursuant to this Regulation.
(5) If, on consideration of an application under Regulation 12(2), and any relevant information provided in respect thereof, the competent authority is satisfied—
(a) that the proposed transferee would, if he or she were an applicant for registration pursuant to these Regulations, be regarded by it as a fit and proper person pursuant to Regulation 8(3) and,
(b) that the proposed transferee has complied with any requirements as may be prescribed by the competent authority,
it shall effect a transfer of the certificate to the proposed transferee in such manner as may be prescribed by it.
Duties of brokers and dealers
13. (1) Each broker and dealer who has been registered by the competent authority pursuant to these Regulations shall:—
(a) compile and maintain records of the types and quantities of waste dealt with in the course of business, the origin and final destination of such waste, the treatment, recovery or disposal activities to which the waste is subject and, the person by whom such waste is collected,
(b) notify the competent authority when convicted of an offence contrary to the provisions of those enactments specified in Schedule 2,
(c) make available to the competent authority, within ten working days, records as required under paragraph (a),
(d) furnish such information in relation to the collection and movement of waste in such form and at such frequency as may be specified by the competent authority.
(2) The records referred to in Regulation 13(1) shall be retained for a period of not less than five years.
Powers of the competent authority in relation to registered dealers and brokers
14. (1) The competent authority shall carry out appropriate periodic inspections of registered brokers and dealers.
(2) The competent authority shall provide such information on registered brokers and dealers as required by the Agency.
(3) Information provided to the competent authority under either article 18 of the TFS Regulation, these Regulations or the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ) shall, where the competent authority considers it appropriate in the interests of business confidentiality, be treated as confidential. In such circumstances the competent authority may specify the information to be made available to the authority (which shall be treated as confidential) and the non-confidential information to be included in Annex VII of the TFS Regulation when accompanying shipments.
(4) For the purposes of this Regulation, “registered brokers and dealers” means any broker or dealer who has been issued with a certificate of registration by the competent authority pursuant to Regulation 8(1) or Regulation 10(3) as the case may be.
Duty to use only registered brokers and dealers
15. Any person who arranges the shipment of waste the subject of the TFS Regulation, these Regulations or the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ) or who facilitates the movement or transfer of waste within the State is required to make such arrangements or facilitate such movements or transfers of waste with only those brokers or dealers who may produce on demand being made to them a valid certificate of registration.
Offences
16. (1) Any person who contravenes any provision of these Regulations shall be guilty of an offence.
(2) Any person who fails to comply with a requirement, obligation or condition imposed by the competent authority in a certificate of registration issued under these Regulations shall be guilty of an offence.
Legal proceedings
17. Copies of all notification and movement documents, consents, certificates, or contracts required by the TFS Regulations 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, and be admissible in evidence 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
18. (1) A prosecution for a summary offence under these Regulations may be taken by the competent authority.
(2) A person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a fine not exceeding €3,000, 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.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to provide for a registration system of waste brokers and dealers who arrange for the shipment of waste to and from Ireland and also the passage of waste through the State. The regulations are necessary in order to comply with the provisions of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste and Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste..
The Regulations also make a number of minor amendments to waste legislation and a brief summary of those changes are outlined below.
Amendments to Waste Legislation Included in the Waste Management (Registration of Brokers and Dealers) Regulations 2008
Article of Broker Regulations
Act/S.I. Amended
Amendment
Reason for Amendment
Reg. 19(1)
Section 2 Waste Management Acts 1996-2007
Insertion of reference to Directive 2006/12/EC on waste
Update Act to reflect new Directive on waste
Reg. 19(1)
Section 2 Waste Management Acts 1996-2007
Deletion of Ref to Council Reg. 259/93 and replacement with EU Reg 1013/2006
Update Act to reflect new EU Regulations on shipment of waste
Reg. 19(2)(a) and (b)
Section 5 Waste Management Acts 1996-2007
Insertion of new definitions for “broker” and “dealer”
To make the definitions the same in both national and EU law
Reg. 19(2)(c)
Section 5 Waste Management Acts 1996-2007
Deletion of the words “to a significant extent” in the definition of “environmental pollution”
In order to transpose correctly Art 4 of EU Directive 2006/12/EC on waste
Reg. 19(2)(d)
Section 5 Waste Management Acts 1996-2007
The deletion of the definition of “holder” and its replacement by new wording
In order to correctly transpose Article 1 of EU Directive 2006/12/EC on waste
Reg 19(3)
Section 22 of the Waste Management Acts 1996-2007
Insertion of new sub-section 8bis re inclusion of waste disposal/recovery site identification criteria in waste management plans
To comply with Article 7 of EU Directive 2006/12/EC on waste, as interpreted by ECJ case C-53-02
Reg 20(1)
Article 4(3) Waste Management (Licensing) Regulations 2004
Replacement of the definition of “inert waste” with new wording
In order to correctly transpose article 2(e) of the Landfill Directive 1999/31/EC
Reg. 20(2)
Article 12(1) Waste Management (Licensing) Regulations 2004
Insertion of wording re alternatives to the proposals the subject of the waste licence application
In order to transpose the Public Participation Directive — 2003/35/EC
Reg. 20(3)
Article 34(3) Waste Management (Licensing) Regulations 2004
Deletion of wording relating to the decision and its replacement by more details on the decision
In order to transpose the Public Participation Directive – 2003/35/EC
Reg. 21(1)
Article 2(b) of Waste Management (Movement of Hazardous Waste) Regulations 1998
Deletion of Ref to Council Reg. 259/93 and replacement with EU Reg 1013/2006
Update Act to reflect new EU Regulations on shipment of waste
Reg. 21(2)
Article 6(2)(a) of Waste Management (Movement of Hazardous Waste) Regulations 1998
Deletion of reference to Art 8 of the 1998 Regs, and replacement by Regulation 7 of the 2007 Regs
To reflect repeal of 1998 Regs and the new position as detailed in Reg 7 of Waste Management (Shipments of Waste) Regulations 2007
Reg. 22(1)
Regulation 4(2) of Waste Management (Shipments of Waste) Regulations 2007
Amendment to allow authorised officers to be appointed by an Garda Síochána
To ensure that Gardaí have powers to act under the waste shipment regulations
Reg. 22(2)
Regulation 5(2) of Waste Management (Shipments of Waste) Regulations 2007
Deletion of wording indicating that the competent authority is the sole authority to appoint authorised officers
To reflect the amendment made to Reg. 22(1) on Garda appointed authorised officers
Reg. 22(3)
Insert a new Article 8 bis to the Waste Management (Shipments of Waste) Regulations 2007
Insertion of new wording on waste prohibitions
To allow Revenue a function in detaining waste which is prohibited for import or export
1 OJ L 114, 27.4.2006,p.9
2 OJ L 190, 12.7.2006, p.1
3 OJ L 182, 16.7.1999, p.3
4 OJ L 156, 25.6.2003, p.17
1 OJ L 114, 27.4.2006, p.13
2 OJ L 190, 12.7.2006, p.1
3 OJ L 182, 16.7.1999, p.3
4 OJ L 156, 25.6.2003, p.17
1 OJ L 114, 27.4.2006, p.11
1 OJ L 114, 27.4.2006, p.1
2 OJ L 190, 12.7.2006, p.1
5 OJ L 30, 6.2.1993, p.1
S.I. No. 419/2007 –
Waste Management (Shipments of Waste) Regulations 2007
S.I. No. 419 of 2007
WASTE MANAGEMENT (SHIPMENTS OF WASTE) REGULATIONS 2007
INDEX
1. Citation and commencement
2. Purpose of Regulations
3. Interpretation generally
4. Designation of competent authority
5. Powers of the competent authority to implement the TFS Regulation and these Regulations
6. Other competent authority duties
7. General provisions and duties on notifiers, consignees and other persons
8. Illegal waste shipments under Council Regulation (EEC) No. 259/93
9. Offences
10. Legal proceedings
11. Prosecutions and penalties
12. Revocations
S.I. No. 419 of 2007
WASTE MANAGEMENT (SHIPMENTS OF WASTE) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 10th July, 2007.
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), consider it necessary for the purpose of giving full 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 to make provision for offences under the following regulations 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 regulations 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 regulations:
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 for the purpose of giving effect to Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 2006 on shipments of waste1 hereby makes the following Regulations:
Citation and commencement.
1. (1) These Regulations may be cited as the Waste Management (Shipments of Waste) Regulations 2007.
(2) These Regulations shall come into effect on 12 July 2007.
Purpose of Regulations.
2. The purposes for which these Regulations are made includes the purpose of giving effect to provisions of Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 1 (in these Regulations referred to as the TFS Regulation).
Interpretation generally.
3. (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 Acts 1996 to 2007;
(c) “Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992);
(d) “authorised officer” means a person who is appointed in writing to be an authorised officer for the purposes of the TFS Regulation and these Regulations;
(e) “competent authority” means that body designated as such pursuant to Regulation 4;
(f) “Waste Management Acts 1996 to 2007” 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 ) and the Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ).
Designation of competent authority.
4. (1) Dublin City Council is designated as the competent authority under article 53 of the TFS Regulation, hereafter referred to as the competent authority. It shall be the competent authority of dispatch in respect of the export of waste from the State, the competent authority of destination and the competent authority of transit in respect of the import of waste into, or passage of waste in transit, through the State. It may for the purposes of the enforcement of the TFS Regulation and these Regulations operate both within and outside its functional area.
(2) The competent authority may, for the purposes of paragraph 1, appoint authorised officers.
(3) Without prejudice to the powers conferred on the competent authority or its authorised officers by the TFS Regulation and these Regulations it is declared that the provisions of section 14 of the Act, subject to any modifications or adaptations as may be required, shall apply in relation to these Regulations.
Powers of the competent authority to implement the TFS Regulation and these Regulations.
5. (1) In carrying out its functions under the TFS Regulation and these Regulations, the competent authority shall have the power to do any of the following—
(a) direct that a prior written notification for consent be sent to and through it for any shipment of waste, including shipments of waste which do not require prior written notification and consent under the TFS Regulation where it considers it necessary to prevent illegal shipments occurring or to undertake its duties under article 49 of the TFS Regulation in particular as regards exports from the Community and may attach conditions to any such consent issued to those ends,
(b) direct that shipments of waste may enter or leave the State at a specified port or place within the State,
(c) direct a person who undertakes the shipment of waste to effect and maintain a financial guarantee,
(d) direct that an agreement or agreements be entered into with one or more appropriate persons by a person undertaking a 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 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 to cooperate in enforcement activities for the purposes of the TFS Regulation and these Regulations and the local authority so requested shall 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, 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 waste and generally with respect to the handling of waste whilst it is being moved,
(i) impose on a person undertaking the shipment of 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 consignment forms,
(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,
(k) direct a person who undertakes the shipment of 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 the waste in the event of a contravention by the first-mentioned person of any provision of these Regulations as respects that waste,
(l) direct a person who undertakes the shipment of waste or who is the consignee of waste imported into the State, to return the waste to its place of origin or to such other place as may be specified in the direction and to take such measures as may be so specified in relation to the waste, including the recovery or disposal of the waste in such manner or at such facility as may be so specified,
(m) designate customs offices in accordance with article 55 of the TFS Regulation,
(n) enter into a memorandum of understanding with the customs service for the purposes of the implementation of the TFS Regulation,
(o) prohibit the import or export of any shipment of waste, or of a class or classes of waste, or of any shipment, class or classes of waste intended for any specified purpose, either generally or for such periods as may be specified for the purposes of the TFS Regulation (and in order to comply in particular with articles 12, 13 and 49 thereof), or to comply with recommendations or provisions of the hazardous waste management plan made under section 26 of the Act,
(p) carry out inspections on board trains, ships, or aircraft for the purposes of article 50 of the TFS Regulation,
(q) direct any establishment or undertaking to provide particular information in relation to a shipment of waste,
(r) invoke a financial guarantee so as to effect the return of the waste and its disposal or recovery thereafter where take-back is required under Chapter 4 of the TFS Regulation.
(2) The powers and functions conferred on the competent authority pursuant to the TFS Regulation and these Regulations may be performed on its behalf by any authorised officer duly appointed in writing by it pursuant to Regulation 4(2).
(3) The competent authority may revoke or modify any prohibition made under this Regulation. Notice of any prohibition under this paragraph, 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.
Other competent authority duties.
6. In carrying out its duties under these Regulations the competent authority shall—
(1) be responsible for State input to IMPEL projects carried out in respect of the TFS Regulation,
(2) be responsible for enforcement and shall undertake such actions, as appropriate, in cooperation with other competent authorities,
(3) retain all documents sent to it or by it in relation to a notified shipment for at least three years from the date of the shipment,
(4) furnish to the Agency such information derived from the records referred to in paragraph (3), in such form and at such frequency, as may be specified by the Agency.In these Regulations IMPEL means the Network of enforcement authorities dealing with Transfrontier Shipment of Waste matters.
General provisions and duties on notifiers, consignees and other persons.
7. (1) The producer, the notifier, and other undertakings involved in a shipment of waste and its recovery or disposal shall take the necessary steps to ensure that any waste shipped and which is the subject of the TFS Regulation and these Regulations is managed without endangering human health and in an environmentally sound manner throughout the period of shipment and during its recovery or disposal.
(2) Where a consignee in the State refuses to receive a shipment the subject of the TFS Regulation and these Regulations he or she shall within three days furnish a report to the competent authority detailing the reasons why the shipment was not accepted.
(3) A person on whom a direction is served by the competent authority under Regulation 5 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.
(4) A direction served by the competent authority pursuant to Regulation 5 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 or the TFS Regulation (and including the costs of enforcement) and may provide for a specified time period in 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 a sum in respect of costs in accordance with a requirement made therein, the competent authority may recover the sum as a simple contract debt in any court of competent jurisdiction.
(5) Where a notifier or producer fails to comply with a direction, the competent authority shall 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.
The competent authority may, in addition,
(a) seize any vehicle or container and detain it until such time as it is satisfied that the requirements of the TFS Regulation or these Regulations are complied with, or
(b) impose charges for the detention of the waste or the vehicle or container and the recovery or disposal of the waste.
(6) A shipment of waste shall not enter or transit the State unless there is in force in relation to the shipment a certificate issued under this Regulation by the competent authority.
(7) An application for a certificate shall be made to the competent authority which shall issue the certificate requested if it is satisfied that there is in force in respect of the shipment, or will be in force at the time the shipment enters or leaves the State, as the case may be, a financial guarantee or other equivalent security satisfying the requirements of article 6 of the TFS Regulation or as directed by the competent authority under these Regulations, and such certificate shall certify that the competent authority is so satisfied.
Illegal waste shipments under Council Regulation (EEC) No. 259/93.
8. The competent authority pursuant to Regulation 4 of these Regulations shall be notified of all duly motivated requests for take-back of illegal waste shipments governed by Council Regulation (EEC) No. 259/93 2 .
Any responsibility for take-back of such waste shall rest with the relevant competent authority as designated in accordance with Council Regulation (EEC) No. 259/93.
Offences.
9. (1) Any person who contravenes any provision of the TFS Regulation shall be guilty of an offence.
(2) Any person who contravenes any provision of these Regulations shall be guilty of an offence.
(3) Any person who fails to comply with a requirement, obligation or condition imposed by the competent authority by way of a direction under the TFS Regulation and these Regulations shall be guilty of an offence.
Legal proceedings.
10. Copies of all notification and movement documents, consents, certificates, or contracts required by the TFS Regulations 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, and be admissible in evidence 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.
11. (1) A prosecution for a summary offence under these Regulations may be taken by the competent authority.
(2) A person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a fine not exceeding €3,000, 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.
Revocations.
12. The Waste Management (Transfrontier Shipment of Waste) Regulations, 1998 ( S.I. No. 149 of 1998 ) are revoked.
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GIVEN under my Official Seal,
5 July 2007
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.)
The purpose of these Regulations is to streamline the administration of the Transfrontier Shipment of Waste legislation in Ireland so as to provide a better and more consistent level of implementation generally. They provide for the designation of Dublin City Council as the sole competent authority responsible for the implementation of the Waste Shipments Regulation (EC) No. 1013/2006 in Ireland with effect from 12 July 2007. Prior to this Regulation, the competent authorities for exports of waste were 34 local authorities, with the competent authority for imports and movements through the State being the Environmental Protection Agency.
The Regulations also revoke the Waste Management (Transfrontier Shipment of Waste) Regulations, 1998.
1 OJ No. L 190,12.7.2006 p.1
2 OJ L 30, 6.2.1993, p.1. Regulation as last amended by Commission Regulation (EC) No. 2557/2001 (OJ L 349, 31.12.2001, p.1)
S.I. No. 321/2020 –
European Union (Landfill) Regulations 2020
TABLE OF CONTENTS
PART 1
PRELIMINARY PROVISIONS
1. Citation
2. to 3. Purpose of Regulations
4. Commencement
5. Interpretation
PART 2
AMENDMENTS TO REGULATIONS OF 2004
6. Amendment to regulation 4 in the regulations of 2004
7. Amendment to regulation 49 in the regulations of 2004
8. Insertion of regulation 49a into the regulations of 2004
9. Amendment to regulation 53 of the regulations of 2004
10. Insertion of regulation 54 into the regulations of 2004
11. Insertion of regulation 55 into the regulations of 2004
I, EAMON RYAN, 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 (EU) 2018/8501 of the European Parliament and of the Council of 30 May 2018 amending Directive 1999/31/EC2 on the landfill of waste, hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Union (Landfill) Regulations 2020.
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 (EU) 2018/850 of 30 May 2018 amending Directive 1999/31/EC on the landfill of waste with a view to supporting the Union’s transition to a circular economy and meeting the requirements of Directive 2008/98/EC3 of the European Parliament and of the Council, and in particular Articles 4 and 12 thereof.
3. The aim of these Regulations is to ensure a progressive reduction of landfilling of waste, in particular of waste that is suitable for recycling or other recovery, and, by way of stringent operational and technical requirements on the waste and landfills, to provide for measures, procedures and guidance to prevent or reduce as far as possible negative effects on the environment, in particular the pollution of surface water, groundwater, soil and air, and on the global environment, including the greenhouse effect, as well as any resulting risk to human health, from landfilling of waste, during the whole life-cycle of the landfill.
Commencement
4. These Regulations shall come into operation on the date of signature.
Interpretation
5. In these Regulations, “Regulations of 2004” refers to the Waste Management (Licensing) Regulations 2004 (S.I. No. 395/2004).
“The Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996).
PART 2
AMENDMENTS TO REGULATIONS OF 2004
Amendment to regulation 4 in the regulations of 2004 (Definitions)
6. Regulation 4(3) of the Regulations of 2004 is amended by:
(i) the insertion of the following:
“The definitions of “waste”, “hazardous waste”, “non-hazardous waste”, “municipal waste”, “waste producer”, “waste holder”, “waste management”, “separate collection”, “recovery”, “preparing for re-use”, “recycling” and “disposal” laid down in section 5 of the Act of 1996 shall apply for the purposes of these regulations;
“Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste as amended.”
(ii) The definition of “Landfill Directive” is replaced as follows:
‘“Landfill Directive” means Council Directive (EU) 2018/850 of 30 May 2018 amending Directive 1999/31/EC on the landfill of waste.”
Amendment to regulation 49 in the regulations of 2004 (Wastes prohibited from landfill)
7. The following text is inserted after sub regulations 49 (5) (b)
“(c) measures taken in accordance with regulation 49 (5) (a)should not compromise the achievement of the objectives of Directive 2008/98/EC, notably on the waste hierarchy and on the increase of preparing for re-use and recycling as set out in Article 11 of that Directive;
(6) waste that has been separately collected for preparing for re-use and recycling pursuant to Article 11(1) of Directive 2008/98/EC and Article 22 of that Directive, shall not be accepted at landfill, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which landfilling delivers the best environmental outcome in accordance with Article 4 of that Directive.
(7) As of 2030, all waste suitable for recycling or other recovery, in particular in municipal waste, shall not be accepted in a landfill with the exception of waste for which landfilling delivers the best environmental outcome in accordance with Article 4 of Directive 2008/98/EC.
Local Authorities shall include information on the measures taken pursuant to this paragraph in the waste management plans referred to in Article 28 of Directive 2008/98/EC, or in other strategic documents covering the entire territory of the State.”
Insertion of regulation 49a into the regulations of 2004 (Landfill reduction target and Rules on the calculation of the attainment of the targets)
8. The following regulation is inserted after regulation 49
“Landfill reduction target and Rules on the calculation of the attainment of the targets. 49a
1. The Agency and the local authorities, in carrying out their respective functions under the Act of 1996 and related waste management legislation and policy, shall take the necessary measures to ensure that:
(i) from 2020 the biodegradable municipal waste going to landfills is reduced to below 35 % of the total amount (by weight) of biodegradable municipal waste produced in 1995.
and
(ii) by 2035 the amount of municipal waste landfilled is reduced to 10 % or less of the total amount of municipal waste generated (by weight).
2. For the purpose of calculating whether the targets laid down in para (1) have been attained:
(a) the weight of the municipal waste generated and directed to landfilling shall be calculated in a given calendar year;
(b) the weight of waste resulting from treatment operations prior to recycling or other recovery of municipal waste, such as sorting or mechanical biological treatment, which is subsequently landfilled shall be included in the weight of municipal waste reported as landfilled;
(c) the weight of municipal waste that enters incineration disposal operations and the weight of waste produced in the stabilisation operations of the biodegradable fraction of municipal waste in order to be subsequently landfilled shall be reported as landfilled;
(d) the weight of waste produced during recycling or other recovery operations of municipal waste which is subsequently landfilled shall not be included in the weight of municipal waste reported as landfilled.
3. Relevant bodies, including operators, waste producers, extended producer responsibility schemes, and brokers shall provide the Agency with information required under para 2, in a format to be prescribed by the Agency, taking into consideration the reporting requirements set out under regulation 54.
4. The Agency and the local authorities in carrying out their functions under the Act and related waste management legislation and policy shall establish an effective system of quality control and traceability of the municipal waste landfilled to ensure that the conditions laid down in paragraph 2 of this regulation are met.
5. Where municipal waste is shipped to another Member State or exported from the Union for the purposes of landfilling, in accordance with Regulation (EC) No 1013/20064 of the European Parliament and of the Council (1), the volume of waste reported and validated in accordance with Article 51 of Regulation (EC) No 1013/2006 shall be counted towards the amount of waste land- filled, in accordance with paragraph 2.”
Amendment to regulation 53 of the regulations of 2004 (Exemptions from the Landfill Directive and these Regulations.)
9. Regulation 53.1.d is amended by the deletion of the following sub-regulation text:
“(iii) unpolluted soil or non-hazardous inert waste resulting from prospecting for, and the extraction, treatment and storage of, mineral resources and the operation of quarries.”
Insertion of regulation 54 (Reporting)
10. The following regulation is inserted after regulation 53
“Reporting. 54
1. The Agency shall report the data concerning the implementation of regulation 49a(1) for each calendar year to the Commission.
2. They shall report the data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the formats established by the Commission in accordance with paragraph 5 of Article 15 of the Directive.
3. The first reporting period on the implementation of regulation 49a (1)(ii) shall start in the first full calendar year after the adoption of the implementing act that establishes the format for reporting, in accordance with paragraph 5 of Article 15 of the Directive, and shall cover the data for that reporting period.
4. The Agency shall report the data concerning the implementation of regulation 49a (1)(i) until 1 January 2025.
5. The data reported in accordance with this regulation shall be accompanied by a quality check report.”
Insertion of regulation 55 (Instruments to promote a shift to a more circular economy
11. The following regulation is inserted after regulation 54
“Instruments to promote a shift to a more circular economy. 55
In order to contribute to the objectives laid down in this Regulation and by the Landfill Directive, the Minister, in consultation with other Ministers concerned, shall make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa to Directive 2008/98/EC or other appropriate instruments and measures.”
/images/ls
GIVEN under my Official Seal,
27 August 2020.
EAMON RYAN
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.)
The aim of these Regulations is to ensure a progressive reduction of landfilling of waste, in particular of waste that is suitable for recycling or other recovery, and, by way of stringent operational and technical requirements on the waste and landfills, to provide for measures, procedures and guidance to prevent or reduce as far as possible negative effects on the environment, in particular the pollution of surface water, groundwater, soil and air, and on the global environment, including the greenhouse effect, as well as any resulting risk to human health, from landfilling of waste, during the whole life-cycle of the landfill.
The purposes for which these Regulations are made include the purpose of giving effect to provisions of European Parliament and Council Directive (EU) 2018/850 of 30 May 2018 amending Directive 1999/31/EC on the landfill of waste, referred to in these Regulations as the Landfill Directive. The Regulations also contribute toward the transition to a circular economy and meeting the requirements of Directive 2008/98/EC of the European Parliament and of the Council (*1), and in particular Articles 4 and 12 thereof.
Earlier iterations of the Landfill Directive have been primarily transposed by the Waste Management Act 1996 and by the Waste Management (Licensing) Regulations 2004. Therefore, these Regulations primarily consist of amendments to these two pieces of legislation.
The following table indicates how the Landfill Directive is transposed-and notes where aspects which are the responsibility of the Commission are not transposed.
Article of Directive 1999/31/EC as amended by Directive 2018/850
Transposed by Regulation
Article 1 – Overall Objectives
Regulations 3 and 4 – Purpose of Regulations
Article 2 – Definitions
Regulation 6 – Amending Regulation 4 in the regulations of 2004 (Definitions)
Article 3 – Scope
Regulation 9 – Amendment to regulation 53 of the regulations of 2004 (Exemptions from the Landfill Directive and these Regulations
Article 5 -Waste and treatment not acceptable in landfills
Regulation 7 and 8 – Amendment to regulation 49 in the regulations of 2004 (Wastes prohibited from landfill) and insertion of regulation 49a (Landfill reduction target and Rules on the calculation of the attainment of the targets)
Article 5a- Rules on the calculation of the attainment of the targets
Regulation 8 – Insertion of regulation 49a into the regulations of 2004 (Landfill reduction target and Rules on the calculation of the attainment of the targets)
Article 5b – Early warning report
Not transposed – Commission competency
Article 5c – Exchange of information and best practices
Not transposed – Commission competency
Article 6 – Waste to be accepted in the different classes of landfill
Regulation 7 – amendment to regulation 49 in the regulations of 2004
Article 11 – Waste acceptance procedures
Transposition not required – no exempted landfills.
Article 15 – Reporting
Regulation 10 – Insertion of regulation 54 (Reporting) into the Regulations of 2004
Article 15b – Determination of the permeability coefficient for landfills
Not transposed – Commission competency
Article 15c -Union standard for sampling of waste
Not transposed – Commission competency
Article 16 – Review of the Annexes
Not transposed – Commission competency
Article 17 – Committee procedure
Not transposed – Commission competency
Annex I
No transposition required
Annex II
No transposition required
Annex III
No transposition required
ANNEX IV -IMPLEMENTATION PLAN TO BE SUBMITTED PURSUANT TO ARTICLE 5(6)
Not transposed -Derogation in question will not apply
1 OJ L 150, 14.6.2018, p. 100
2 OJ L 182, 16.7.1999, p. 1
3 OJ L 312, 22.11.2008, p. 3
4 OJ L 190, 12.7.2006, p. 1
S.I. No. 516/2021 –
European Union (Single Use Plastics) (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 further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment 1 hereby make the following Regulations:
PART I
General Provisions
Citation
1. (1) These Regulations may be cited as the European Union (Single Use Plastics) (No. 2) Regulations 2021.
(2) The European Union (Single Use Plastics) Regulations 2021 (No. 326 of 2021) are hereby revoked.
Interpretation
2. (1) In these Regulations, unless the context otherwise requires –
“Agency” means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“authorised person” means a person who is appointed an authorised person in accordance with section 5(1) of the Principal Act;
“Commission Guidelines” means Commission guidelines on single-use plastic products issued in accordance with Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (2021/C 216/01) developed by the European Commission pursuant to Article 12 of the Directive 2 ;
“Directive” means Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment3 ;
“Directive 2008/98/EC” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives 4 ;
“EU Regulation” means Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020 laying down rules on harmonised marking specifications on single-use plastic products listed in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment5 ;
“local authority” has the same meaning as it has in section 5(1) of the Principal Act;
“Part A products” means the products set out in Part A of the Annex to these Regulations and the items listed in Part A shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part B products” means the products set out in Part B of the Annex to these Regulations and the items listed in Part B shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part C products” means the products set out in Part C of the Annex to these Regulations and the items listed in Part C shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part D products” means the products set out in Part D of the Annex to these Regulations and the items listed in Part D shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part E products” means the products set out in Part E of the Annex to these Regulations and the items listed in Part E shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part F products” means the products set out in Part F of the Annex to these Regulations and the items listed in Part F shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“Part G products” means the products set out in Part G of the Annex to these Regulations and the items listed in Part G shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“person” shall be construed as including a producer;
“plastic” shall be construed in accordance with the Directive, including any guidelines published by the European Commission in accordance with Article 12 of the Directive;
“plastic cap or lid” excludes metal caps or lids with plastic seals;
“Principal Act” means the Waste Management Act 1996 (No. 10 of 1996);
“Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011 – 2020 ( S.I. No. 126 of 2011 and S.I. No. 323 of 2020 )
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
Scope
3. These Regulations apply to single-use plastic products listed in the Annex, to products made from oxo-degradable plastic and to fishing gear containing plastic.
PART II
Amendment of the Principal Act
4. The Principal Act is amended by the insertion after section 10B of –
“10C. — (1) Where an authorised person has reasonable grounds for believing that a person has committed an offence under the European Union (Single Use Plastic) (No. 2) Regulations 2021 and the offence is to be prosecuted summarily the authorised person may give to the person a notice in writing (in this Act referred to as a “fixed payment notice”) in the prescribed form stating that —
(a) the person is alleged to have committed that offence,
(b) the person may, during the period of 21 days beginning on the date of the notice make to the local authority concerned or to the Agency, as appropriate, at the address specified in the notice a payment of € 2,000 in respect of that offence, accompanied by the notice,
(c) the person is not obliged to make the payment specified in the notice, and
(d) a prosecution of the person to whom the notice is given in respect of the offence will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.
(2) Where a fixed payment notice is given —
(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or to the Agency, as appropriate, at the address specified in the notice, the payment specified in the notice,
(b) the local authority concerned or the Agency, as appropriate, shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority concerned or the Agency, as appropriate, shall retain the money for disposal in accordance with subsection (4), and
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.
(3) In proceedings for an offence under the European Union (Single Use Plastic) (No. 2) Regulations 2021 it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.
(4) (a) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97of the Local Government Act 2001 and expended in accordance with that section.
(b) Moneys received by the Agency pursuant to the giving of a fixed payment notice shall be disposed of in a manner determined by the Agency with the prior consent of the Minister and the Minister for Public Expenditure and Reform.”
PART III
Prohibitions and rules for use
Prohibition on placing certain products on the market in the State
Part B and Part D products
5. No producer shall place on the market of the State–
(a) a product listed in Part B of the Annex to these Regulations,
(b) a product made in whole or in part of oxo-degradable plastic, or
(c) a product listed in Part D of the Annex that does not comply with the rules on harmonised marking specifications set out in the EU Regulation.
Part C products
6. (1) From 3 July 2024 no producer shall place on the market a product listed in Part C of the Annex that has a cap or lid unless the cap or lid is designed and manufactured so that the cap or lid remains attached to the container during the container’s intended use stage.
(2) A product listed in Part C of the Annex that has a cap or lid that meets harmonised standards, or parts thereof, published in the Official Journal of the European Union pursuant to the Directive shall be presumed to comply with paragraph (1).
Part F products
7. (1) (a) From 1 January 2025 no producer shall place on the market a beverage bottle listed in Part F of the Annex that is manufactured from polyethylene terephthalate (PET) as the major component unless the beverage bottle contains 25% of recycled plastic, calculated as an average for all PET bottles placed on the market in the State.
(b) From 1 January 2030 no producer shall place on the market a beverage bottle listed in Part F of the Annex unless the beverage bottle contains 30% recycled plastic calculated as an average for all such beverage bottles placed on the market in the State.
Extended producer responsibility schemes
8. (1) (a) Subject to paragraph (6) no producer of –
(i) the products listed in Part E, or
(ii) fishing gear containing plastic,
shall place such products on the market unless they are a body implementing an extended producer responsibility scheme, or are a member of an extended producer responsibility scheme, established in accordance with this Regulation.
(b) A producer of the products listed in Section 1 of Part E shall be deemed to have met the requirements of this Regulation if he or she is a member of an approved body pursuant to European Union (Packaging) Regulations 2014 (S.I. 282 of 2014) that fulfils all the obligations of an approved body under this Regulation.
(2) The implementation of an extended producer responsibility scheme by an approved body or membership of an approved body shall not provide any exemption from the provisions of these Regulations, unless specifically provided.
(3) An extended producer responsibility scheme established for the purposes of providing an effective system for the management of the waste stage of the life cycle of the single use plastic products listed in Part E of the Annex or for fishing gear containing plastic shall be deemed to be an extended producer responsibility scheme established in accordance with Regulation 30 of the Regulations of 2011.
(4) (a) An extended producer responsibility scheme established under paragraph (3) shall put in place awareness raising measures to inform customers and incentivise responsible consumer behaviour with the objective of reducing litter from products listed in the Annex and fishing gear containing plastic.
(b) Such awareness raising measures shall include, as regards products in Part G of the Annex and fishing gear containing plastic –
(i) the availability of re-useable alternatives, re-use systems and waste management options for those products
(ii) best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC;
(iii) the impact of littering and other inappropriate waste disposal of those products on the environment, including the marine environment; and
(iv) the impact of inappropriate means of waste disposal of those products on the sewer network.
(c) An extended producer responsibility scheme that is established before these Regulations come into effect in accordance with Regulation 30 of the Regulations of 2011 for the purposes of providing for the recovery of packaging and packaging waste of the single use plastic products listed at point 9 in Part G of the Annex shall, in so far as such measures are not already a responsibility of the scheme, in addition to its other obligations, put in place the awareness raising measures specified in paragraph (b) to inform customers and incentivise responsible consumer behaviour with the objective of reducing litter from those products.
(5) An extended producer responsibility scheme established under paragraph (3) shall meet the minimum requirements for such a scheme provided in Regulation 30A of the Regulations of 2011, and shall provide that the following costs shall be covered in addition to those required to be covered under Regulation 30A (4) –
(a) With respect to the products listed in Section I of Part E of the Annex –
(i) the cost of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation and the subsequent transport and treatment of that waste; and
(ii) the costs of cleaning up litter resulting from those products.
(b) With respect to the products listed in Section II and III of Part E of the Annex-
(i) the costs of clearing up litter resulting from those products and the subsequent transport and treatment of that waste; and
(ii) the costs of data gathering and reporting as set out in the approval.
(c) With respect to the products listed in Section III of Part E of the Annex–
(i) the cost of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation; and
(ii) the costs of the infrastructure may include the setting up of specific infrastructure for the waste collection of those products, including appropriate waste receptacles in common litter hotspots.
(d) With respect to fishing gear containing plastic-
(i) the costs of the separate collection of waste fishing gear containing plastic that has been delivered to adequate port facilitates in accordance with Directive (EU) 2019/9883 or to equivalent collection systems;
(ii) the costs of its subsequent transport and treatment; and
(iii) the cost of meeting the annual collection rate set by the Minister.
(6) (a) The costs of cleaning up litter resulting from the products listed in Part E, Section I of the Annex provided in this Regulation shall apply to those products from 5 January 2023.
(b) The provisions of this Regulation shall apply to fishing gear containing plastic from 31 December 2024.
(c) The provisions of this Regulation shall apply to the products listed in Part E, Section II of the Annex from 31 December 2024.
(d) The provisions of this Regulation shall apply to the products listed in Part E, Section III of the Annex from 5 January 2023.
9. (a) A producer which is established in the State that proposes to sell a product that is listed in Part E of the Annex or fishing gear in a Member State in which it is not established shall, before placing such a product on the market in that other Member State, appoint an authorised representative.
(b) An authorised representative for the purpose of paragraph (a) shall be a legal or natural person established in that other Member State who is responsible for fulfilling the obligations of a producer under the Directive in that other Member State.
Monitoring and Reporting
10. (1) The Agency shall monitor the single-use plastic products listed in Part A of the Annex that are placed on the market.
(2) (a) The Agency shall, for each year, report on the following matters–
(i) beginning for the year 2022 –
(I) data on the single-use plastic products listed in Part A of the Annex that have been placed on the market in the State each year, to demonstrate the consumption reduction in accordance with Article 4(1) of the Directive; and
(II) data on the single-use plastic products listed in Part F of the Annex that have been separately collected in the State each year, to demonstrate the attainment of the separate collection targets in accordance with Article 9(1) of the Directive,
(ii) beginning for the year 2023 –
(I) information on the recycled content in beverage bottles listed in Part F of the Annex to demonstrate the attainment of the targets laid down in Article 6(5) of the Directive; and
(II) data on the quantity of post-consumption waste of single-use plastic listed in Section III of Part E of the Annex that has been collected in accordance with Article 8(3) of the Directive.
(b) The report under paragraph (a) shall be accompanied by a quality check report.
(c) The Agency shall provide the reports specified in paragraph (a) in a timely manner to enable the Minister to provide the Commission with the reports within 18 months of the end of the reporting year for which the data and information are collected.
(d) Data and information reported by the Agency to the Minister under this paragraph shall be in compliance with implementing acts adopted by the Commission under Article 13(4) of the Directive.
Provision of information
11. The Minister may oblige an extended producer responsibility scheme, established or operating under Regulation 8, to provide the Agency with any data necessary to enable the Agency to fulfil its reporting function in accordance with Regulation 10.
Part IV
Enforcement
12. (1) The Agency and the relevant local authority, as appropriate, shall be responsible for the enforcement of these Regulations, including the verification of the targets established in accordance with any implementing act adopted by the European Commission pursuant to the last paragraph of Article 6(5) of the Directive.
(2) An authorised person (within the meaning of the Principal Act) may exercise the powers conferred on such a person under section 14 of the Principal Act for the purposes of enforcing Regulations 5, 6(1), 7(1), 8(1)(a) and 9 of these Regulations and, accordingly, a reference in that Act to that Act includes a reference to these Regulations.
Part V
Offences and penalties
13. (1) A person who contravenes Regulation 5, 6(1), 7(1), 8(1)(a) or 9 shall be guilty of an offence.
(2) A person guilty of an offence under Regulation 5, 6(1), 7(1), 8(1)(a) or 9 is liable –
(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.
(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.
14. Proceedings for an offence under these Regulations that is being prosecuted summarily may be brought and prosecuted by the local authority concerned or the Agency, as appropriate.
15. 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.
16. (1) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851 , proceedings for an offence that is being prosecuted summarily on account of a 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 person’s 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.
(2) Without prejudice to paragraph (1), 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.
ANNEX
PART A
Single use plastic products covered by Regulation 10 on monitoring and reporting of consumption reduction
(1) Cups for beverages, including their covers and lids;
(2) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:
(a) is intended for immediate consumption, either on-the-spot or take-away,
(b) is typically consumed from the receptacle, and
(c) is ready to be consumed without any further preparation, such as cooking, boiling or heating,
including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food.
PART B
Single use plastic products covered by Regulation 5 on prohibition on placing certain products on the on the market
(1) Cotton bud sticks, except if they fall within the scope of Council Directive 90/385/EEC or Council Directive 93/42/EEC;
(2) Cutlery (forks, knives, spoons, chopsticks);
(3) Plates;
(4) Straws, except if they fall within the scope of Directive 90/385/EEC or Directive 93/42/EEC;
(5) Beverage stirrers;
(6) Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks;
(7) Food containers made of expanded polystyrene, i.e. receptacles such as boxes, with or without a cover, used to contain food which:
(a) is intended for immediate consumption, either on-the-spot or take-away,
(b) is typically consumed from the receptacle, and
(c) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
(8) Beverage containers made of expanded polystyrene, including their caps and lids;
(9) Cups for beverages made of expanded polystyrene, including their covers and lids.
PART C
Single use plastic products covered by Regulation 6 on product requirements
Beverage containers with a capacity of up to three litres, i.e. receptacles used to contain liquid, such as beverage bottles including their caps and lids and composite beverage packaging including their caps and lids, but not:
(a) glass or metal beverage containers that have caps and lids made from plastic,
(b) beverage containers intended and used for food for special medical purposes as defined in point (g) of Article 2 of Regulation (EU) No 609/2013 of the European Parliament and of the Council (3) that is in liquid form.
PART D
Single use plastic products covered by Regulation 5(c) on marking requirements for placing on the market
(1) Sanitary towels (pads), tampons and tampon applicators;
(2) Wet wipes, i.e. pre-wetted personal care and domestic wipes;
(3) Tobacco products with filters and filters marketed for use in combination with tobacco products;
(4) Cups for beverages
PART E
Single use plastic products covered by Regulation 8 on Extended Producer Responsibility
Section I. Single use plastic products covered by Regulation 8(5)(a)
(1) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:
(a) is intended for immediate consumption, either on-the-spot or take-away,
(b) is typically consumed from the receptacle, and
(c) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
(2) Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation;
(3) Beverage containers with a capacity of up to three litres, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids and composite beverage packaging including their caps and lids, but not glass or metal beverage containers that have caps and lids made from plastic;
(4) Cups for beverages, including their covers and lids;
(5) Lightweight plastic carrier bags as defined in point 1c of Article 3 of Directive 94/62/EC.
Section II. Single use plastic products covered by Regulation 8(5)(b)
(1) Wet wipes, i.e. pre-wetted personal care and domestic wipes;
(2) Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers.
Section III. Single use plastic products covered by Regulation 8(5)(c)
Tobacco products with filters and filters marketed for use in combination with tobacco products.
PART F
Single use plastic products covered by Regulation 7 on minimum recycled content for placing on the market and by Regulation 10 for reporting on minimum recycled content and separate collection
Beverage bottles with a capacity of up to three litres, including their caps and lids, but not:
(a) glass or metal beverage bottles that have caps and lids made from plastic,
(b) beverage bottles intended and used for food for special medical purposes as defined in point (g) of Article 2 of Regulation (EU) No 609/2013 that is in liquid form.
PART G
Single use plastic products covered by Regulation 8(4) on awareness raising
(1) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:
(a) is intended for immediate consumption, either on-the-spot or take-away,
(b) is typically consumed from the receptacle, and
(c) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
(2) Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation;
(3) Beverage containers with a capacity of up to three litres, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids and composite beverage packaging including their caps and lids, but not glass or metal beverage containers that have caps and lids made from plastic;
(4) Cups for beverages, including their covers and lids;
(5) Tobacco products with filters and filters marketed for use in combination with tobacco products;
(6) Wet wipes, i.e. pre-wetted personal care and domestic wipes;
(7) Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers;
(8) Lightweight plastic carrier bags as defined in point 1c of Article 3 of Directive 94/62/EC;
(9) Sanitary towels (pads), tampons and tampon applicators.
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GIVEN under my Official Seal,
8 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 further transpose Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment. In summary, they introduce the following measures:
• A restriction on placing the items contained in Part B of the Annex to the regulations on the market in Ireland.
• A restriction on placing the items contained in Part D of the Annex to the regulations on the market in Ireland unless they contain the marking set out in Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020.
• A restriction on placing any product containing oxo-degradable plastic on the market in Ireland.
• A restriction on placing a single use plastic beverage container up to 3litres in size on the market in Ireland from 3 July 2024 unless its lid or cap remains attached to the beverage container.
• A restriction on placing single use plastic PET beverage bottles up to 3 litres in size on the market in Ireland from 1 January 2025 unless they contain a minimum of 25% recycled content.
• A restriction on placing any single use plastic beverage bottles up to 3 litres in size on the market in Ireland from 1 January 2030 unless they contain a minimum of 30% recycled content.
• The introduction of an Extended Producer Responsibility Scheme for tobacco products from 1 January 2023.
• The introduction of Extended Producer Responsibility Schemes for balloons, wet wipes and fishing gear from 31 December 2024.
• Making the existing packaging Extended Producer Responsibility Scheme in Ireland responsible for litter clean up costs of the single use plastic packaging items covered by the Regulations from 1 January 2023.
• Making all Extended Producer Responsibility Schemes within the remit of the Regulations responsible for creating awareness about reusable alternatives and best waste management practices for the products they place on the market.
Enforcement provisions and EU reporting requirements are also contained in the regulations.
1 OJ No. L 155, 12.6.2019, p. 1
2 OJ No. C 216, 7.6.2021, p. 1
3 OJ No. L 155, 12.6.2019, p. 1
4 OJ No. L 312, 22.11.2008, p. 3
5 OJ No. L 428, 18.12.2020, p. 57
S.I. No. 136/2022 – European Union (Single Use Plastics) (Amendment) Regulations 2022
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 25th March, 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 further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment1 hereby make the following Regulations:
1. These Regulations may be cited as the European Union (Single Use Plastics) (Amendment) Regulations 2022.
2. In these Regulations “Principal Regulations” means the European Union (Single Use Plastics) (No.2) Regulations 2021 (No. 516 of 2021)
3. Regulation 2(1) of the Principal Regulations is amended by inserting the following:
“ “Minister” means the Minister for the Environment, Climate and Communications.”
4. Regulation 10(2) of the Principal Regulations is amended by inserting after paragraph (2)(a)(i)(II) the following:
“(III) data on fishing gear containing plastic placed on the market and on waste fishing gear collected in the State each year”.
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GIVEN under my Official Seal,
22 March 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)
This Statutory Instrument amends the European Union (Single Use Plastics) (No. 2) Regulations 2021 ( S.I. No. 516 of 2021 ) to clarify the Minister with responsibility for the functions set out therein and to give further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment as regards data collection on fishing gear containing plastic and waste fishing gear.
S.I. No. 136/2022 –
European Union (Single Use Plastics) (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 further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment1 hereby make the following Regulations:
1. These Regulations may be cited as the European Union (Single Use Plastics) (Amendment) Regulations 2022.
2. In these Regulations “Principal Regulations” means the European Union (Single Use Plastics) (No.2) Regulations 2021 (No. 516 of 2021)
3. Regulation 2(1) of the Principal Regulations is amended by inserting the following:
“ “Minister” means the Minister for the Environment, Climate and Communications.”
4. Regulation 10(2) of the Principal Regulations is amended by inserting after paragraph (2)(a)(i)(II) the following:
“(III) data on fishing gear containing plastic placed on the market and on waste fishing gear collected in the State each year”.
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GIVEN under my Official Seal,
22 March 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)
This Statutory Instrument amends the European Union (Single Use Plastics) (No. 2) Regulations 2021 ( S.I. No. 516 of 2021 ) to clarify the Minister with responsibility for the functions set out therein and to give further effect to Directive (EU) 2019/904/EC of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastics on the environment as regards data collection on fishing gear containing plastic and waste fishing gear.
S.I. No. 399/1992 –
The European Communities (Waste Oils) Regulations, 1992.
THE EUROPEAN COMMUNITIES (WASTE OILS) REGULATIONS, 1992.
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 16th June, 1975 (No. 75/439/EEC)(1) as amended by Council Directive of 22nd December, 1986 (No. 87/101/EEC(2) hereby makes the following Regulations:—
(1)O.J. No. L194/23 25th July, 1975.
(2)O.J. No. L42/43 12th February, 1987.
PART I Preliminary and General
1. These Regulations may be cited as the European Communities (Waste Oils) Regulations, 1992.
2. (1) In these Regulations:—
“combustion” means the use of waste oils as fuel with heat recovery;
“collection” means an operation whereby waste oils are transferred from a holder to an undertaking which disposes of such oils;
“disposal” means the processing or destruction of waste oils as well as their storage and tipping above or under ground;
“existing operator” means any person who, before the 1st day of February, 1993, is carrying on the business of collecting or disposing of waste oils;
“holder” means a person who has waste oils in his custody or control prior to collection or disposal;
“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;
“processing” means any operation involving the regeneration and/or combustion of waste oils;
“regeneration” means any process whereby base oils can be produced by refining waste oils, including removal of contaminants, oxidation products and additives;
“waste oils” means any mineral-based lubrication or industrial oils which have become unfit for the use for which they were originally intended, including used combustion engine oils, gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils.
(2) In these Regulations any reference to a Part, Schedule or article which is not otherwise identified is a reference to a Part, Schedule or article of these Regulations.
(3) In these Regulations, 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.
(4) Nothing in these Regulations shall affect the obligations imposed by the European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ), the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ) and the European Communities (Waste) Regulations, 1984 ( S.I. No. 108 of 1984 ).
PART II Control of Disposal Arrangements
3. (1) Each local authority shall be responsible for the planning, organisation and supervision of operations for the collection and disposal of waste oils in its area and for the authorisation of disposal arrangements.
(2) Each local authority shall keep a register of persons or undertakings involved in the collection or disposal of waste oils.
(3) In the discharge of its obligations under sub-article (1) a local authority shall take measures to ensure—
( a ) that due priority is given to the processing of waste oils by regeneration,
( b ) that satisfactory arrangements exist for the collection of waste oils from holders.
4. (1) Upon application to it by the person concerned, a local authority may grant a permit to that person to carry on the business of collecting or disposing of waste oils in its area.
(2) A person shall not contravene the terms of a permit under sub-article (1).
(3) Subject to sub-article (4), a permit under sub-article (1) shall be subject to such conditions as the local authority considers appropriate.
(4) The conditions attached to a permit in respect of the disposal of waste oils shall include a requirement that—
( a ) disposal does not endanger human health or the environment,
( b ) due precautions are taken for safe disposal of any residues resulting from the processing of waste oils,
( c ) any processing complies with the relevant requirements in Part III.
(5) Disposal other than by processing shall consist of the safe destruction or the controlled storage or tipping of waste oils.
(6) A person holding or carrying on the business of collecting or disposing of waste oils shall carry out operations in such a way that they will not cause any avoidable demage to human health and the environment, including the taking of any necessary measures to ensure that such waste oils are not mixed with polychlorinated biphenyls, polychlorinated terphenyls or toxic and dangerous wastes within the meaning of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 in the course of collection or storage.
5. (1) A person, other than an existing operator, shall not carry on the business of collecting or disposing of waste oils on or after the 1st day of February, 1993, unless a permit under these Regulations is in force in relation to the business.
(2) Subject to sub-article (3), an existing operator shall not carry on the business of collecting or disposing of waste oils on or after the 1st day of March, 1993 unless a permit under these Regulations is in force in relation to the business.
(3) An existing operator shall, in the period before a permit under article 4 of these Regulations is granted or refused, be deemed not to have contravened the provisions of these Regulations: provided that, before the 1st day of March 1993, the existing operator has applied to the local authority for a permit under these Regulations.
6. A local authority may review a permit under article 4 and may amend any conditions attached to such permit or attach new conditions to a permit in the light of changes in disposal technology or in the state of the environment.
7. A person producing waste oils or a holder of waste oils shall not contract for the collection or disposal of waste oils with a person other than a person who holds a permit under article 4.
8. A person producing or disposing of waste oils or a holder or collector of such oils shall take measures to prevent—
( a ) any discharge of such waste oils to waters or drainage systems,
( b ) any harmful deposit or discharge of such waste oils to the soil.
9. Where a local authority considers that more than 500 litres of waste oils is or is likely to be produced, collected or disposed of yearly on any premises in its area it shall, by notice in writing, require the person in charge of such premises to keep records relating to the production, collection and disposal of such oils and such person shall keep records accordingly and provide information thereon to the local authority on request.
10. A local authority may, for any purpose relating to its functions under these Regulations, by notice in writing require any person producing or disposing of waste oils or a holder or collector of such oils to furnish to the authority the particulars specified in the notice regarding the holding, collection or disposal of waste oils or residues thereof.
PART III Additional Provisions for Permits in Relation to Processing.
11. In this part—
“best practicable means” has the meaning assigned to it by section 5 of the Air Pollution Act, 1987 ;
“lower heating value” means the net calorific value of the fuel.
12. A permit under article 4 shall not be issued by a local authority in respect of processing unless it is satisfied that—
( a ) all appropriate environmental and health protection measures are taken,
( b ) the best practicable means are used to prevent or limit emissions of air pollutants,
( c ) emissions from combustion do not cause any significant level of air pollution,
( d ) waste oils used as fuel do not constitute a toxic and dangerous waste for the purposes of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 or contain polychlorinated biphenyls or polychlorinated terphenyls in concentrations of more than 50 ppm,
( e ) base oils containing polychlorinated biphenyls or polychlorinated terphenyls in concentrations of more than 50 ppm are not derived from regeneration.
13. (1) Subject to sub-articles (2) and (3), in the case of a permit granted under article 4 in respect of the combustion of waste oils in any plant with a thermal input of 3 MW or more based on the lower heating value—
( a ) the emission limit values set out in Column 2 of the Schedule in respect of the substances listed in Column 1 of the Schedule may not be exceeded where waste oils are combusted, or
( b ) where emissions of substances listed in Column 1 of the Schedule may additionally arise from heating products, the emission limit values set out in Column 2 of the Schedule shall apply to the concentration of the substances in the emissions arising from the combustion of waste oils.
(2) The emission limit values set out the permissible concentrations of emissions of the substances concerned in waste gas in terms of the volume of waste gas expressed at reference conditions 273k, 101.3kPa, 3% oxygen and dry gas.
(3) The means of assessing compliance with the emission limit values shall be agreed with the local authority.
PART IV Enforcement and Penalties
14. In this Part “authorised person” means a person appointed by a local authority to be an authorised person for the purposes of these Regulations.
15. (1) An authorised person shall have power to enter, inspect, examine and search at any reasonable time any structure, land or container which he has reasonable cause to believe is being used for the storage, treatment or disposal of waste oils or may examine and take samples of any waste oils or other matter as may be necessary for the enforcement of these Regulations.
(2) When exercising any power conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.
16. (1) A person who contravenes or fails to comply with a provision of these Regulations or who furnishes information which is false or to his knowledge misleading in a material way 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 6 months or to both such fine and such imprisonment.
(2) It shall be a good defence to a prosecution for an offence under these Regulations for the person charged to prove that he took all reasonable care to ensure compliance with the requirements of these Regulations.
(3) A prosecution for an offence under these Regulations may be taken by a local authority in whose area the offence is committed.
17. The European Communities (Waste Oils) Regulations, 1984 ( S.I. No. 107 of 1984 ) are hereby revoked.
SCHEDULE
Article 13
Column 1
Column 2
Substance
Limit Value (mg/Nm3)
Cadmium (Cd)
0.5
Nickel (Ni)
1
Chromium (Cr)
Copper (Cu)
Total Emission
1.5
Vanadium (V)
Lead (Pb)
5
Chlorine (expressed as hydrogen chloride)
100
Fluorine (expressed as hydrogen fluoride)
5
Total Dust
100
Sulphur Dioxide (SO2)
2,250
GIVEN under the Official Seal of the Minister for the Environment, this 16th day of December, 1992.
MICHAEL SMITH,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations give effect to Council Directive No. 87/101/EEC of 22nd December 1986 (O.J. No. L42/43 of 12th February, 1987) amending Council Directive No. 75/439/EEC of 16th June 1975 (O.J. No. L194/23 of 25th July, 1975) on the disposal of waste oils. They revoke the European Communities (Waste Oils) Regulations, 1984 ( S.I. No. 107 of 1984 ).
The Regulations make local authorities responsible for the planning, organisation and supervision of collection and disposal operations, in particular through the implementation of a permit system.