S.I. No. 96/2018 - Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th March, 2018.

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 IPRELIMINARY AND GENERAL

Citation and commencement

1. (1) These Regulations may be cited as the Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018.

2. These Regulations shall come into force on 2 April 2018.

3. The Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. 400 of 2017) are amended by—

In regulation 2 by substituting the following definitions—

““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) as part of a contract agreement,

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

(iii) as a prize, or

(iv) as a gift.”

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

(i) places tyres on the market in the State;

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

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

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

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

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

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

GIVEN under my Official Seal,

26 March 2018.

DENIS NAUGHTEN,

Minister for Communications, Climate Action andEnvironment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the Waste Management (Tyres and Waste Tyres) Regulations 2017 in order to broaden the definition of a producer for the purposes of these Regulations and to bring tyres transacted as part of a contract for rubber into their remit.