The European Communities (Waste) Regulations, 1984


S.I. No. 108 of 1984.


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 Council Directive of 6 April, 1976, No. 76/403/EEC*, hereby makes the following Regulations:

*O.J. No. L.108/41, 26 April, 1976.

1. (1) These Regulations may be cited as the European Communities (Waste) Regulations, 1984.

(2) These Regulations shall come into operation on the 1st May, 1984.

2. (1) In these Regulations—

"authorised person" means a person appointed by the Minister to be an authorised person for the purpose of these Regulations:

"the Council Directive" means Council Directive of 6 April, 1976, No. 76/403/EEC;

"disposal" means the collection or destruction or collection and destruction of PCB and the transformation operations necessary for regenerating PCB;

"Minister" means the Minister for the Environment;

"PCB" means polychlorinated biphenyls, polychlorinated terphenyls and mixtures containing one or both such substances.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary appears, the meaning in these Regulations that it has in that Directive.

3. A holder of waste PCB or of any object or equipment which contains PCB and which is no longer capable of being used shall—

(a) notify the Minister forthwith of such holding and of the manner in which he proposes to dispose of it;

(b) comply with any directions given by the Minister (or by an authorised person) in relation to such disposal;

(c) if so required by the Minister (or by an authorised person) provide evidence of the manner in which the holding has been disposed of.

(2) A direction under sub-article (1) (b) may require that the holding to which it relates shall be disposed of at an installation, establishment or undertaking specified in the direction.

4. A person shall not cause or permit the discharge, dumping or tipping of PCB or of objects or equipment containing PCB, or dispose of PCB or of objects or equipment containing PCB, in a manner which would endanger human health or harm the environment.

5. (1) A person who fails to comply with the requirements of article 3 or who contravenes article 4 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £800 or, at the discretion of...

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