Waste Management (Tyres and Waste Tyres) Regulations 2017

• Jurisdiction: Ireland
• Year: 2017
• Citation: IR SI 400/2017

INDEX

PART I

PRELIMINARY AND GENERAL

1. Citation and commencement.

2. Interpretation.

3. Scope.

PART II

REGISTRATION BODY

4. Establishment of a registration body.

5. Grant or refusal of approval.

6. Review and revocation of approval.

7. Functions of the registration body.

8. Powers of the registration body.

9. Obligations of producers to register with and provide information to the registration body.

10. Registration with the registration body.

11. Obligation on producers to retain records.

12. Prohibition on producers to place tyres on the market in the State.

13. Producer’s authorised representative.

14. Display of registration number.

15. Certification of producers.

PART III

APPROVED BODY

16. Application to the Minister for approval.

17. Grant or refusal of approval.

18. Review and revocation of approval.

19. Use of logo adopted by an approved body.

20. Functions of the approved body.

21. Obligation on producers and retailers to be a member of an approved body.

22. Application to an approved body.

23. Approval or refusal of application by an approved body.

24. Reporting and information to be provided by retailers to approved body.

PART IV

RETAILER OBLIGATIONS

25. Prohibition on retailers from distributing tyres supplied by producers who are not in possession of a valid certificate of registration.

26. Obligation on retailers to display information.

27. Obligation on retailers to ensure collection of certain waste tyres.

28. Obligation on retailers to charge an Environmental Management Cost and to forward the cost charged to an approved body.

29. Management of waste tyres by retailers.

PART V

WASTE COLLECTOR OBLIGATIONS

30. Application for registration with an approved body by authorised waste collectors.

31. Registration and certification of waste collectors.

32. Information to be provided to an approved body by authorised waste collectors.

33. Management of waste tyres by authorised waste collectors.

PART VI

RECOVERY OPERATOR OBLIGATIONS

34. Application for registration with an approved body by recovery operators.

35. Registration and certification of recovery operators.

36. Information to be provided to an approved body by a recovery operator.

37. Obligation on recovery operators to provide a certificate of recovery.

PART VII

FARMER OBLIGATIONS

38. Prohibition on the storage of waste tyres by farmers.

39. Application for registration of farmers.

40. Management of waste tyres by farmers.

41. Management of historic waste tyres by farmers.

PART VIII

ENVIRONMENTAL MANAGEMENT COST

42. Financing the cost of managing tyres in an environmentally sound manner.

43. Amount of Environmental Management Cost.

PART IX

ENFORCEMENT

44. Functions of Local Authorities.

45. Functions of the Environmental Protection Agency.

PART X

MISCELLANEOUS

46. Offences.

47. Prosecutions and Penalties.

48. Non-application of section 39(1) of the Act.

49. Revocation.

FIRST SCHEDULE

CATEGORIES OF TYRES

SECOND SCHEDULE

INFORMATION TO BE COMPILED AND PROVIDED BY PRODUCERS WHEN COMPLYING WITH THE PROVISIONS OF PARTS II AND III OF THESE REGULATIONS

THIRD SCHEDULE

INFORMATION TO BE PROVIDED BY RETAILERS FOR THE PURPOSE OF APPLICATION AND REPORTING WHEN COMPLYING WITH THE PROVISIONS OF PART III OF THESE REGULATIONS

FOURTH SCHEDULE

REQUIREMENTS REGARDING A NOTICE IN ACCORDANCE WITH THE PROVISIONS OF REGULATION 26

FIFTH SCHEDULE

INFORMATION TO BE COMPILED AND PROVIDED BY AUTHORISED WASTE COLLECTORS WHEN COMPLYING WITH THE PROVISIONS OF PART V OF THESE REGULATIONS

SIXTH SCHEDULE

INFORMATION TO BE COMPILED AND PROVIDED BY RECOVERY OPERATORS WHEN COMPLYING WITH THE PROVISIONS OF PART VI OF THESE REGULATIONS

SEVENTH SCHEDULE

INFORMATION TO BE COMPILED AND PROVIDED BY FARMERS WHEN COMPLYING WITH THE PROVISIONS OF PART VII OF THESE REGULATIONS

EIGHTH SCHEDULE

ENVIRONMENTAL MANAGEMENT COST TO BE IMPOSED IN ACCORDANCE WITH PART VIII OF THESE REGULATIONS

S.I. No. 400 of 2017

WASTE MANAGEMENT (TYRES AND WASTE TYRES) REGULATIONS 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th September, 2017.

I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 4 , 5 , 7 , 9 , 10 , 11 , 14 , 18 , 19 , 27 , 28 , 29 , 32 , 34 , 36 and 39 of the Waste Management Act 1996 as amended hereby make the following regulations:

PART I

PRELIMINARY AND GENERAL

Citation and commencement

1. (1) These Regulations may be cited as the Waste Management (Tyres and Waste Tyres) Regulations 2017.

(2) Parts IV, V, VI, VII, VIII, IX and X shall come into operation on 1 October 2017.

Interpretation

2. In these Regulations, save where the context otherwise requires:

“the Act” means the Waste Management Act 1996 and every other enactment which is to be read together with that Act;

“approved body” means any natural or legal person or persons or association or body corporate approved by the Minister in accordance with the provisions of Part III of these Regulations;

“authorised person” means a person who is appointed in accordance with Section 5(1) of the Act;

“authorised waste collector” means a holder of a waste collection permit that is in force and which allows for the collection of waste tyres;

“Certificate of Registration” means a certificate issued by a registration body under Regulation 8;

“Certificate of Membership” means a certificate issued by an approved body under Regulation 20;

“CN code” means that code number in the integrated tariff of the European Communities (TARIC), as amended from time to time, which said tariff is based on the codes of the combined nomenclature in Annex I of Council Regulation (EEC) No. 2658/871 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff as amended or replaced by any subsequent regulations or decisions of an institution of the European Communities;

“Companies Acts” means the Companies Acts 2014 and every other enactment which is to be read together with that Act;

“environmentally sound management of waste tyres” means the collection, storage, treatment and recovery or, as appropriate, disposal of waste tyres in a manner which does not endanger human health or harm the environment, and in particular does not:

(i) create a risk to waters, the atmosphere, land, soil, plants or animals,

(ii) adversely affect the visual impact of the landscape,

(iii) pose a fire risk by virtue of the manner in which the waste tyres are being stored or, as appropriate,

(iv) become mixed with other waste streams when stored;

“farmer” means a person who derives his or her livelihood or part thereof from the pursuit of agriculture and is registered as such with the Department of Agriculture Food and the Marine;

“Minister” means the Minister for Communications, Climate Action and Environment;

“nominated authority” means a local authority nominated under paragraph (aa) of Section 34(1) of the Act for the purpose specified therein;

“place on the market” means the first sale or supply of a tyre for the purpose of trade or otherwise in the course of business in the State and includes:

(i) in exchange for any consideration other than money,

(ii) as a prize, or

(iii) as a gift.

“premises” includes any messuage, building, vessel, structure or land (whether or not there are any 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 or any tenure, together with any out-buildings and curtilage;

“producer” means any natural or legal person who, irrespective of the selling technique used—

(i) manufactures tyres for placement of said tyres on the market in the State;

(ii) imports tyres on a professional basis into the State;

(iii) manufactures original equipment which places tyres on the market in the State;

(iv) imports vehicles which place tyres on the market in the State;

(v) imports for the purpose of retreading or remoulding tyres for placement of said tyres on the market in the State;

(vi) places tyres on the market in the State on behalf of a producer who is not registered within the meaning of Regulation 9;

“recovery operator” means any natural or legal person engaged in waste recovery, including reuse or recycling, subject to that person having obtained all necessary licences or permits required under sections 39(1) or 39(4) of the Act or, as appropriate, under section 82(2) of the Environmental Protection Agency Acts 1992 to 2011;

“registration body” means any natural or legal person or persons or association or body corporate approved by the Minister in accordance with Regulation 5;

“retailer” means any natural or legal person who for the purpose of trade or otherwise in the course of business as a wholesaler or supplier, sells or otherwise supplies tyres to other persons;

“reuse” means any operation by which a tyre which is not a waste tyre is used again for the same purpose for which it was conceived;

“silage pit” means a pit currently utilised for the storage of silage, and which has been constructed in accordance with guidance and, as appropriate, regulations in force at the time of construction and maintained in accordance with any guidance and as appropriate with any regulations currently in force, with particular regard to the European Union (Good Agricultural Practice for the Protection of Waters) Regulations 2014, Department of Agriculture Food and the Marine farm building specifications, planning and development, health and safety and pollution control;

“waste tyre” means a tyre which the holder of said tyre discards or intends to or is required to discard.

Scope

3. (1) These Regulations shall apply to tyres designed for, fitted to or, as appropriate, removed from...