Waste Management (End-Of-Life Vehicles) (Amendment) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 142/2010
• Year: 2010

INDEX

1. Citation

2. Purpose of Regulations

3. Commencement

4. Interpretation Generally

5. Amendments to the Principal Regulations

S.I. No. 142 of 2010

WASTE MANAGEMENT (END-OF-LIFE VEHICLES) (AMENDMENT) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th April, 2010.

I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by sections 2 , 7 , 14 , 15 , 18 , 19 , 27 , 28 , 29 , 32 , 34 , 39 , 53B, 53C, 53D, 53E and 53F of the Waste Management Act 1996 (No. 10 of 1996), and by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Article 4 of Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures, hereby make the following regulations:—

Citation

1. These Regulations may be cited as the Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010.

Purpose of Regulations

2. The purposes for which these Regulations are made include the purpose of giving effect to Article 4 of Directive 2008/112/EC 1 of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC 2 , 88/378/EEC 3 , 1999/13/EC 4 and Directives 2000/53/EC 5 , 2002/96/EC 6 and 2004/42/EC 7 of the European Parliament and of the Council in order to adapt them to Regulation (EC) No. 1272/2008 8 on classification, labelling and packaging of substances and mixtures.

Commencement

3. (1) Articles 5(1) to 5(2) and articles 5(4) to 5(18) of these Regulations shall come into operation on the day after the date on which notice of their making is published in the Iris Oifigiúil.

(2) Article 5(3) of these Regulations shall come into operation on 1 December 2010.

Interpretation Generally

4. (1) In these Regulations, any reference to a Schedule, Part or Article which is not otherwise identified, is a reference to a Schedule, Part or Article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified, is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations—

“Principal Regulations” means the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ).

Amendments to the Principal Regulations

5. (1) The Principal Regulations are amended by substituting for Article 2 the following:—

“Purpose of Regulations.

2. The purposes for which these Regulations are made include the purpose of giving effect to European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles as amended by Article 4 of Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures.”.

(2) Article 4(3) of the Principal Regulations is amended by inserting after the definition of “certificate of destruction” the following:—

“‘component supplier’ means a person who imports into, or manufactures in, the State vehicle materials and components (including spare and replacement parts) for the purpose of sale, supply or use in the State;”.

(3) Article 4(3) of the Principal Regulations is amended by substituting for the definition of “hazardous substance” the following:—

“‘hazardous substance’ means any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures—

(a) hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,

(b) hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10,

(c) hazard class 4.1, or

(d) hazard class 5.1;”.

(4) The Principal Regulations are amended by substituting for Article 28(1) the following:—

“28 (1) On and from the date of commencement of these Regulations and in accordance with the provisions of article 4(2)(a) of the Directive, each—

(a) producer shall ensure that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility which that producer places on the market in the State, do not contain lead, mercury, cadmium or hexavalent chromium,

(b) component supplier shall ensure that the materials and components sold, supplied or used in the State by that component supplier in respect of specified vehicles do not contain lead, mercury, cadmium or hexavalent chromium,

other than in the cases specified in the Fourth Schedule to these Regulations which has been set out in accordance with Commission Decision 2010/115/EU of 23 February 2010 amending Annex II of the Directive and the Fourth Schedule shall have the same meaning assigned to it corresponding to any subsequent amendment to Annex II of the Directive arising from a Commission Decision, or as appropriate, a Council Decision, for the time being in force.”.

(5) The Principal Regulations are amended by substituting for Article 28(2) the following:—

“(2) Without prejudice to sub-article (1), spare parts put on the market in the State on and from the date of commencement of these Regulations which are used for specified vehicles put on the market in the State—

(a) before the 1st day of July 2003 are exempted from the provisions of sub-article (1) and the Fourth Schedule to these Regulations having regard to the provisions of Commission Decision 2005/438/EC 10 of 10 June 2005 amending Annex II of the Directive, and

(b) between the 1st day of July 2003 and the expiry date of a given exemption, as set out in the Fourth Schedule to these Regulations, are exempted from the provisions of sub-article (1) and the Fourth Schedule to these Regulations having regard to the provisions of Commission Decision 2008/689/EC 11 of 1 August 2008 amending Annex II of the Directive.”.

(6) The Principal Regulations are amended by substituting for Article 28(3) the following:—

“(3) On and from the date of commencement of these Regulations—

(a) on the basis of information in a producer’s possession, where that producer is aware, or ought to be aware as a professional, that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility which that producer has placed on the market in the State, contain materials in concentrations which are prohibited under the provisions of sub-article (1) that producer shall immediately inform the Agency, the details of which shall include—

(i) information enabling a precise identification of the specified vehicles in question,

(ii) a full description of the relevant materials and components and the prohibited hazardous substances contained therein,

(iii) all available information relevant for tracing the specified vehicles, and

(iv) specified records for a specified period, or specified periods as appropriate, in such form and at such frequency as may be determined by a notice in writing from the Agency,

(b) on the basis of information in a component supplier’s possession, where that component supplier is aware, or ought to be aware as a professional, that the materials and components sold, supplied or used in the State by that component supplier in respect of specified vehicles, contain materials in concentrations which are prohibited under the provisions of sub-article (1) that component supplier shall immediately inform the Agency, the details of which shall include—

(i) information enabling a precise identification of the materials and components in question,

(ii) a full description of the relevant materials and components and the prohibited hazardous substances contained therein,

(iii) all available information relevant for tracing the materials and components, and

(iv) specified records for a specified period, or specified periods as appropriate, in such form and at such frequency as may be determined by a notice in writing from the Agency.”.

(7) The Principal Regulations are amended by substituting for Article 28(4) the following:—

“(4) A producer or, as appropriate, a component supplier shall on...