S.I. No. 90/1994 - European Communities (Asbestos Waste) Regulations, 1994.

S.I. No. 90 of 1994.

EUROPEAN COMMUNITIES (ASBESTOS WASTE) REGULATIONS, 1994.

In exercise of the powers conferred on the Minister for the Environment by section 3 of the European Communities Act, 1972 (No. 27 of 1972), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), and for the purpose of giving effect to the Council Directive of 19th day of March, 1987, No. 87/217/EEC,* I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Asbestos Waste) Regulations, 1994.

(2) These Regulations shall come into operation on the 1st day of June, 1994.

(3) These Regulations and the European Communities (Asbestos Waste) Regulations, 1990 ( S.I. No. 30 of 1990 ) shall be construed together and may be cited together as the European Communities (Asbestos Waste) Regulations, 1990 and 1994.

2. A person who carries on an activity (other than an activity in relation to which a licence or revised licence granted under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is in force) which gives rise to the production of asbestos waste shall take the measures necessary to ensure that the asbestos waste arisings are, as far as reasonably practicable, reduced at source or prevented.

3. (1) The measures to be taken to comply with Article 2 of these Regulations shall, in the case of an activity to which this article applies, entail using the best available technology not entailing excessive cost including, where appropriate, recycling or treatment.

* O.J. No. L85/40. 28 March, 1987.

(2) This article applies to an activity which involves the handling of a quantity of more than 100 kilograms of raw asbestos per year and which comprises:

( a ) the production of raw asbestos from asbestos ore excluding any process directly associated with the mining of the ore, or

( b ) the manufacturing and industrial finishing of any of the following products using raw asbestos: asbestos cement or asbestos-cement products, asbestos friction products, asbestos filters, asbestos textiles, asbestos paper and card, asbestos jointing, packaging and reinforcement materials, asbestos floor coverings, asbestos fillers.

4. Nothing in these Regulations shall affect the requirements of the Air Pollution Act, 1987 (Emission Limit Value for Use of Asbestos) Regulations, 1990 ( S.I. No. 28 of 1990 ) or the European Communities (Control of Water Pollution by Asbestos) Regulations, 1990 ( S.I. No. 31 of 1990 ).

Dated this 20th day of April, 1994.

JOHN BROWNE,

Minister of State at the Department of

the Environment.

EXPLANATORY NOTE.

These Regulations are in addition to the European Communities (Asbestos Waste) Regulations, 1990. They implement certain provisions, relating to the reduction or prevention of asbestos waste arisings, of Council Directive 87/217/EEC of 19th March, 1987, on the prevention and reduction of environmental pollution by asbestos.