The European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988

• Jurisdiction: Ireland
• Year: 1988
• Citation: IR SI 248/1988

S.I. No. 248 of 1988.
THE EUROPEAN COMMUNITIES (TRANSFRONTIER SHIPMENT OF HAZARDOUS WASTE) REGULATIONS, 1988.
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 6th December, 1984 (No. 84/631/EEC)1 as amended by the Council Directive of 12th June 1986 (No. 86/279/EEC)2 and adapted to technical progress by the Commission Directive of 22nd July, 1985 (No. 85/469/EEC)3 and the Commission Directive of 23rd December, 1986 (No. 87/112/EEC)4 hereby makes the following Regulations:
(1) O.J. No. L326/31, 13th December, 1984.
(2) O.J. No. L181/13, 4th July, 1986.
(3) O.J. No. L272/1, 12th October, 1985.
(4) O.J. No. L48/31, 17th February, 1987.
PART I PRELIMINARY AND GENERAL
	1. (1) These Regulations may be cited as the European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988.
(2) These Regulations shall come into effect on the 1st day of November, 1988.
	2. (1) In these Regulations—
"carrier" means a person carrying waste for, or in the course of, transfrontier shipment;
"Community" means the European Communities;
"Commission" means Commission of the European Communities;
"competent authority" means—
( a ) in the case of a Member State, other than the State, the authority designated by such Member State under Article 16 of the Council Directive, and
( b ) in the case of a third state, the authority responsible under the law of that state for approval or rejection of a transfrontier shipment;
"consignee" means a person to whom hazardous waste is consigned for disposal;
"the Council Directive" means the Council Directive of 6th December, 1984 (No. 84/631/EEC) as amended by the Council Directive of 12th June, 1986 (No. 86/279/EEC);
"disposal" includes recovery, re-use, regeneration or recycling;
"hazardous waste" means any waste containing or contaminated by any of the substances listed in the First Schedule in such quantities or in such concentrations as to constitute a risk to health or to the environment, and includes polychlorinated biphenyls and polychlorinated teryphenyls including mixtures containing one or both of these substances;
"holder" means a person who has hazardous waste in his custody or control immediately before a transfrontier shipment of such waste is commenced;
"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;
"Member State" means a state which is a member of the European Communities;
"the Minister" means the Minister for the Environment;
"third state" means a state which is not a member of the European Communities;
"transfrontier shipment" means—
( a ) in relation to the export of hazardous waste from the State, the consignment of such waste whether by land, sea or air from the State for disposal outside the State, and
( b ) in relation to the import of hazardous waste into the State, the consignment of such waste, whether by land, sea or air for disposal in the State or through the State for disposal in another state,
but excludes the off-loading to shore of waste (including waste water and residues) produced by the normal operation of ships.
(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.
	3. The following are hereby designated under article 16 of the Council Directive as the competent authorities in the State for the purposes of transfrontier shipment of hazardous waste—
( a ) In relation to the export of hazardous waste from the State—the local authority in whose functional area such waste intended for transfrontier shipment is held,
( b ) in relation to the import of hazardous waste into the State, including the transport of such waste through the State to another state — the Minister.
	4. Subject to articles 14 and 25, 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 EXPORT OF HAZARDOUS WASTE FROM THE STATE
In this Part—
"consignment note" means the form set out in the Second Schedule;
"Member State of destination" means a Member State to which waste is to be consigned for disposal;
"Member State of transit" means a Member State through which waste is to be transported for disposal in another state;
"third state of destination" means a third state to which waste is to be consigned for disposal;
"third state of transit" means a third state through which waste is to be transported for disposal in another state;
"uniform document" means the form set out in the Fourth Schedule;
"waste" means hazardous waste.
	6. (1) A holder of waste in the State shall not export the waste to another state for disposal unless the relevant provisions of these Regulations have been complied with in relation to the waste.
(2) A person shall not transport within the State waste intended for disposal in another State unless the relevant provisions of these Regulations have been complied with in relation to the waste.
	7. (1) Where a holder of waste in the State intends to make a transfrontier shipment he shall—
( a ) in the case of waste intended for disposal within the Community, notify the competent authority of the Member State of destination,
( b ) in the case of waste intended for disposal in a third state, notify—
(i) the local authority for the area in which the waste then is, or
(ii) the competent authority of the last Member State of transit where such Member State has communicated to the Commission and to other Member States that it intends to exercise the right conferred upon it under article 4 (2) of the Council Directive to issue an acknowledgment or raise an objection in respect of transfrontier shipments to the third state concerned,
( c ) send a copy of such notification to the competent authority of any Member State of transit, third state of transit and third state of destination and to the local authority for the area in which the waste then is, unless such local authority has been notified in pursuance of paragraph (b) (i).
(2) ( a ) The form set out in the Second Schedule shall be the form of every notification under this article.
( b ) The provisions and directions set out in the Third Schedule shall be complied with in relation to each consignment note.
(3) A notification under this article shall be accompanied by information on—
( a ) the measures to be taken to ensure the safe transportation of the waste and to ensure compliance by the carrier with the requirements of any Member State concerned in relation to the transport of such waste, and
( b ) the contractual agreement made with the consignee of the waste and the existence of adequate technical capacity for the disposal by the consignee of the waste under conditions presenting no danger to human health or to the environment.
(4) A notification under this article as respects the transfrontier shipment of waste to a third state of destination shall be accompanied by evidence that the competent authority of such third state has agreed to the shipment.
	8. (1) Where a holder of waste in the State intends to make a series of transfrontier shipments of waste over a period not exceeding one year, the notifications sent by him pursuant to article 7 may relate to that series of shipments provided that the waste comprising each shipment—
( a ) will have the same physical and chemical characteristics, and
( b ) will be transported to the same consignee through the same office of Customs and Excise and the same customs offices of any Member State of destination and any Member State of transit.
(2) Where a local authority receives a notification relating to a series of transfrontier shipments, it may, without prejudice to its powers under article 9, agree to accept that notification as sufficient notification in relation to each shipment comprised in the series.
(3) A local authority may, as a condition of its agreement under sub-article (2), require the furnishing to it of prior information on the exact quantities and composition of the wastes in each shipment.
	9. (1) Where a notification pursuant to article 7 (1) (b) is received by a local authority and is not accompanied by the information and evidence referred to in article 7 (3) and 7 (4) to the satisfaction of the local authority, the authority may require the holder of the waste to submit such information and evidence to it and shall take no action pursuant to the notification unless and until it receives the information and evidence.
(2) Where a local authority receives a notification or a copy of a notification pursuant to article 7, it may require the holder of the waste to submit such further information or documentation in relation to the waste concerned as it may require for the purposes of these Regulations.
(3) Where a local authority receives a notification pursuant to article 7 (1) (b), it may raise an objection to the proposed transfrontier shipment if it considers that such shipment would contravene any...