S.I. No. 121/1994 - European Communities (Transfrontier Shipment of Waste) Regulations, 1994.

S.I. No. 121 of 1994.

EUROPEAN COMMUNITIES (TRANSFRONTIER SHIPMENT OF 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 Council Regulation (EEC) No. 259/93*, 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 (Transfrontier Shipment of Waste) Regulations, 1994.

(2) These Regulations shall come into operation on the 6th day of May, 1994.

2. (1) In these Regulations—

"the Agency" means the Environmental Protection Agency established under section 19 of Environmental Protection Agency Act, 1992 (No. 7 of 1992);

"authorised person" means a person appointed in writing by the Agency or by a local authority to be an authorised person;

"the Council Regulation" means Council Regulation (EEC) No. 259/93*;

"land" includes any premises or structure on such land;

"local authority" means—

( a ) in the case of a county borough, the corporation of the county borough, and

( b ) in the case of any other administrative county, the council of the county,

*O.J. No. L 30/1 of 6 February, 1993.

and reference to the functional area of a local authority shall be construed accordingly;

"shipment" in respect of waste means the consignment of such waste whether by land, sea or air.

(2) Expressions used in these Regulations shall, save where the context otherwise requires, have the meaning they bear in the Council Regulation.

(3) Save where otherwise provided, a reference in these Regulations to an article is a reference to an article of the Council Regulation.

3. For the purposes of the application of the Council Regulation within the State—

( a ) the "competent authority of destination" and "competent authority of transit", in respect of the import of waste into, or passage of waste in transit through, the State, shall be the Agency,

( b ) the "competent authority of dispatch", in respect of the export of waste from the State, shall be the local authority in whose functional area the waste is held immediately prior to export.

4. For the purpose of article 7, a competent authority of dispatch, destination or transit may raise objections to a proposed shipment of waste if it is aware that the notified or proposed consignee of such shipment has been convicted of illegal trafficking, within the meaning of article 26, either in the State or in another legal jurisdiction.

5. (1) A competent authority of dispatch shall take all necessary steps to ensure the implementation of article 34 (1).

(2) Where a competent authority of dispatch is required by article 25 (1) or 26 (2), or by these Regulations, to ensure that waste is returned to the State or otherwise is disposed of or recovered in an environmentally sound manner, it may to this end give such directions in writing to either the notifier of the shipment of waste in question, to the producer or producers of the waste, or both, as such authority considers reasonable and appropriate, and such notifier or producer shall comply with any such directions.

(3) Where a notifier or producer fails to comply with a direction under sub-article (1), the competent authority may, and shall if required under article 26 (2), itself take such steps as it considers necessary to ensure that the waste in question is returned to the State or otherwise disposed of or recovered in an environmentally sound manner, and may recover the costs incurred from the relevant notifier as a simple contract debt in any court of competent jurisdiction.

6. (1) Where the Agency, as competent authority of destination, is required by article 26 (3) to ensure that waste is disposed of or recovered in an environmentally sound manner, it may to this end give such directions in writing to the consignee of the shipment of waste in question as the Agency considers reasonable and appropriate, and the consignee shall comply with any such directions.

(2) Where a consignee fails to comply with a direction under sub-article (1), the Agency shall itself take such steps as it considers necessary to ensure that the waste in question is disposed of or recovered in an environmentally sound manner and, without prejudice to Article 27, may recover the costs incurred from that consignee as a simple contract debt in any court of competent jurisdiction.

7. In accordance with article 26 (5), illegal traffic within the meaning of that article is prohibited.

8. (1) A shipment of waste shall not enter or leave the State unless there is in force in relation to the shipment a certificate issued under these Regulations.

(2) An application for a certificate under these Regulations in relation to a shipment shall be made to a competent authority of dispatch, destination or transit in Ireland, as the case may be.

(3) A competent authority which receives an application under sub-article (2) shall issue the certificate requested if it is satisfied that there is in force in respect of the shipment, or will be in force at the time the shipment enters or leaves the State, as the case may be, a financial guarantee or other equivalent insurance satisfying the requirements of article 27, and such certificate shall certify that the competent authority is so satisfied.

9. (1) For the purpose of Article 4 (3), the importation into the State of any shipment of waste or class or classes of waste, or of any shipment, class or classes of waste intended for any specified purpose, may be prohibited by the Agency, either generally or for such periods as may be specified.

(2) The Agency may revoke or modify any prohibition made under sub-article (1) of this article.

(3) Notice of any prohibition relating to a class or classes of waste for the purpose of sub-article (1), or of any revocation or amendment of such prohibition, shall be published in the Iris Oifigiúil and in one or more national daily newspapers not less than fourteen days before such prohibition, revocation or modification shall take effect.

10. A local authority or the Agency shall carry out, or cause to be carried out, such inspection of land, vehicles or containers as the local authority or Agency, as the case may be, may consider necessary for the performance of its functions under the Council Regulation.

11. (1) An authorised person shall have power to—

( a ) enter, inspect, examine and search at any reasonable time any land, vehicle or container on or in which he has reason to believe that waste constituting or forming part of a transfrontier shipment is being stored or transported,

( b ) require the person who appears to him to be in charge of such land, vehicle or container to produce any such waste which is in the possession or under the control of that person and may require such person, or any person employed in or on such land, vehicle or container to produce any books, records, or other documents which relate to such waste,

( c ) make such examination and enquiry and take such samples of waste or other matter as may be considered necessary for the enforcement of the Council Regulation.

(2) When exercising any power conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.

(3) A competent authority of dispatch, destination or transit may make a reasonable charge in respect of administrative and other costs, including the costs of any inspection or the taking and analysing of any sample of waste, incurred in the performance of their functions under the Council Regulation and these Regulations, and any such charge shall be payable by the notifier of a shipment of waste to the competent authority in question, and in default of such payment may be recovered by such authority as a simple contract debt in any court of competent jurisdiction.

12. (1) A person who—

( a ) is materially responsible for illegal traffic within the meaning of article 26 or who otherwise contravenes or fails to comply with a provision of the Council Regulation or of these Regulations;

( b ) in completing any notification or other document referred to in the Council Regulation or these Regulations, or otherwise, furnishes information which is to his knowledge false or misleading in a material way, or

( c ) obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or at the discretion of the court to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body, such person shall also be guilty of an offence.

(3) It shall be a good defence to a prosecution for an offence under these Regulations for the person charged to prove that he took all reasonable care to ensure compliance with the requirements of the Council Regulation and these Regulations.

(4) An offence under these Regulations in respect of a consignment of waste may be prosecuted summarily by, as appropriate;

( a ) the Agency as competent authority of destination or competent authority of transit, or

( b ) a local authority as competent authority of dispatch, whether or not the offence occurred in the functional area of the local authority,

13. (1) Subject to sub-article (2) of this article, The European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988 ( S.I. No. 248 of 1988 ) are hereby revoked.

(2) The European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988 ( S.I. No. 248 of 1988 ) shall continue to apply to shipments of waste which are the subject of an acknowledgement of receipt issued under Articles 4 and 5 of Council Directive 84/631/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste* before these Regulations come into force, provided that such shipments are completed not later than six months from the date of application of the Council Regulation.

Dated this 6th day of May, 1994.

JOHN BROWNE,

Minister of State at the Department

of the Environment.

EXPLANATORY NOTE.

These Regulations are for the purpose of giving effect to Council Regulation (EEC) No. 259/93 of 1st February, 1993 on the supervision and control of shipments of waste within, into and out of the European Community. While this Regulation is directly applicable in Member States of the European Union, it is necessary to provide for certain administrative details, in particular those relating to enforcement.

*OJ No. L 326 of 13 December, 1984.

These Regulations inter alia provide for the designation of competent authorities for the purpose of controlling waste transhipments, the powers of competent authorities, the imposition of certain requirements in relation to the shipment of waste into or out of the State, and the prohibition of waste imports by the Environmental Protection Agency.