S.I. No. 126/2011 - European Communities (Waste Directive) Regulations 2011

• (i) the establishment and support of re-use and repair networks,

• (ii) the use of economic instruments, procurement criteria, quantitative objectives, or

• (iii) other measures.

• (b) The Minister or any Minister of the Government concerned, the Agency or the local authorities shall, in carrying out their respective functions under the Act of 1996, take measures to promote high quality recycling and, to this end, shall set up separate collections of waste where technically, environmentally and economically practicable and appropriate to meet the necessary quality standards for the relevant recycling sectors.

• (c) Subject to section 29(2B) of the Act of 1996, by 2015 separate collection shall be set up for at least the following waste:

• (i) paper;

• (ii) metal;

• (iii) plastic; and

• (iv) glass.

• (2) In order to comply with the objectives of the Waste Directive, and move towards a European recycling society with a high level of resource efficiency, and without prejudice to any other targets or obligations which may apply as a result of waste prevention and management legislation and policy, the Minister, the Agency and the local authorities shall, in carrying out their respective functions under the Act of 1996, take the necessary measures designed to achieve the following targets:

• (a) by 2020, the preparing for re-use and the recycling of waste materials such as, at least, paper, metal, plastic and glass from households and possibly from other origins as far as these waste streams are similar to waste from households, shall be increased to a minimum of overall 50% by weight;

• (b) by 2020, the preparing for re-use, recycling and other material recovery, including backfilling operations using waste to substitute other materials, of non-hazardous construction and demolition waste excluding naturally occurring material defined in category 17 05 04 in the list of waste shall be increased to a minimum of 70% by weight.

• (3) The Agency shall comply with rules established by the Commission as referred to in Article 11 of the Waste Directive on the application and the calculation methods for verifying compliance with the targets set out in paragraph (2).

(4)(a) Every 3 years, in accordance with the reporting format set by the Commission, the Minister, in consultation with the Agency, shall report to the Commission on the State’s record with regard to meeting the targets.

• (b) If targets are not met, this report shall include the reasons for failure and the actions that the State intends to take to meet those targets.

Protection of human health and environment

• (a) without risk to water, air, soil, plants or animals,

• (b) without causing a nuisance through noise or odours, and

• (c) without adversely affecting the countryside or places of special interest.

• (2) A person who contravenes paragraph (1) shall be guilty of an offence.

• (3) The Agency and the local authorities shall, in carrying out their respective functions under the Act of 1996, take the necessary enforcement measures to ensure that waste management is carried out in accordance with paragraph (1).

Control of hazardous waste

• (2) A person who contravenes paragraph (1) shall be guilty of an offence.

• (3) The Minister and any Minister of the Government concerned, the Agency, the local authorities and Dublin City Council, in carrying out their respective functions under the Act of 1996, shall take the necessary action to ensure that the requirements of this Regulation are met.

Ban on the mixing of hazardous waste

• (b) Mixing shall include the dilution of hazardous substances.

• (c) A person who contravenes subparagraph (a) shall be guilty of an offence.

(2)(a) The Agency and the local authorities shall, in carrying out their respective functions under the Act of 1996, take the necessary measures to ensure that the requirements of paragraph (1) are met unless a derogation has been granted by the Agency under paragraph (3).

• (b) An application for a derogation under this paragraph shall be submitted in such form as may be specified by the Agency.

• (3) By way of derogation from paragraph (1), the Agency may allow mixing provided that—

• (a) the mixing operation is carried out by an establishment or undertaking which has obtained authorisation in accordance with section 39(1) of the Act of 1996,

• (b) the requirements of section 32(1) of the Act of 1996 and Regulation 32 are complied with and the adverse impact of the waste management on human health and the environment is not increased, and

• (c) the mixing operation conforms to best available techniques.

• (4) Subject to technical and economic feasibility criteria, where hazardous waste has been mixed in a manner contrary to paragraph (1), separation shall be carried out where possible and necessary in order to comply with section 32(1) of the Act of 1996 and Regulation 32.

Labelling of hazardous waste

• (b) A person who contravenes subparagraph (a) shall be guilty of an offence.

(2)(a) Whenever hazardous waste is physically transferred within the State by a person, it shall be accompanied by an identification document, which shall be in electronic format, containing the appropriate data specified in Annex IB to the TFS Regulation.

• (b) A person who contravenes subparagraph (a) shall be guilty of an offence.

• (3) The Agency, the local authorities and Dublin City Council, in carrying out their respective functions under the Act of 1996, shall take the necessary measures to ensure that the requirements of paragraphs (1) and (2) are met.

• (4) Nothing in this Regulation shall conflict with the requirements of any enactment in respect of chemicals and the movement of dangerous goods.

Hazardous waste produced by households

• (2) Section 15(2) of the Act of 1996 and Regulations 35 and 45 shall not apply to separate fractions of hazardous waste produced by households until they are accepted for collection, disposal or recovery by an establishment or an undertaking which has obtained a waste licence or has been registered in accordance with section 39(1) of the Act of 1996 or Regulation 39.

Waste oils

• (a) waste oils are collected separately, where this is technically feasible,

• (b) waste oils are treated in accordance with sections 21A and 32(1) of the Act of 1996 and Regulation 32, and

• (c) where this is technically feasible and economically viable, waste oils of different characteristics are not mixed and waste oils are not mixed with other kinds of waste or substances, if such mixing impedes their treatment.

Bio-waste

• (a) the separate collection of bio-waste with a view to the composting and digestion of bio-waste,

• (b) the treatment of bio-waste in a way that fulfils a high level of environmental protection, and

• (c) the use of environmentally safe materials produced from bio-waste.

Registration

• (i) establishments or undertakings which collect or transport waste on a professional basis,

• (ii) dealers or brokers, and

• (iii) establishments or undertakings which are subject to exemptions from the licence requirements pursuant to section 39(4) of the Act of 1996.

• (b) Where possible, existing records held by the authorities referred to in subparagraph (a) shall be used to obtain the relevant information for this registration process in order to reduce the administrative burden.

• (2) The entries referred to in the registers referred to in paragraph (1) shall comply with—

• (a) article 41 of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ),

• (b) article 34 of the Waste Management (Collection Permit) Regulations 2007 ( S.I. No. 820 of 2007 ),

• (c) articles 4 and 5 of the Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ), and

• (d) article 48(2) of the Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ).

Minimum standards

Public participation

• (2) The local authorities and the Agency shall place the plans and programmes on a publicly available website.

• (3) The procedures set out in sections 22(5), 23(1) and 26(4) of the Act of 1996 shall apply, as appropriate, to meet the requirements of this Regulation.

Cooperation

Information to be submitted to the Commission

• (2) Where the format for notifying the information on the adoption and substantial revisions of those plans and programmes is prescribed through Community acts, the Agency, or the local authorities, as appropriate, shall take the necessary measures to ensure that the prescribed format is used when copies of the national hazardous waste management plan, waste prevention programmes or waste management plans are required to be forwarded to the Minister.

Inspections

• (2) Inspections concerning collection and transport operations shall cover the origin, nature, quantity and destination of the waste collected and transported.

• (3) The authorities referred to in paragraph (1) may take account of registrations obtained under the Community Eco-Management and Audit Scheme (in this Part referred to as “EMAS”), in particular regarding the frequency and intensity of inspections.

Record keeping

(2)(a) For hazardous waste, the records shall be preserved for at least 3 years (except in the case of establishments and undertakings transporting hazardous waste which shall keep such records for at least 12 months).

• (b) Documentary evidence that the management operations have been carried out shall be supplied by the establishment or undertaking concerned at the request of the local authorities, the Agency or Dublin City Council or of a previous holder.

• (3) The local authorities, the Agency or Dublin City Council, as appropriate, may require the producers of non-hazardous waste to comply with paragraphs (1) and (2) in such form, and at such frequency, as may be specified for the purposes of reporting under Regulation 52.

• (4) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.

Powers of authorised person

• (a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of the Garda Síochána) or equipment as he or she may consider necessary for the purpose, and

• (b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.

• (2) Subject to paragraph (7), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has given to the occupier of the dwelling not less than 24 hours notice in writing of his or her intended entry.

• (3) Every authorised person when exercising any power conferred on him or her by or under this Part, shall, if requested by any person affected, produce the certificate furnished to him or her under section 14(3) of the Act of 1996.

• (4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to this Regulation, the authorised person may therein, as appropriate—

• (a) make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,

• (b) make such copies of documents and records (including records in electronic form) found therein and take such samples,

• (c) carry out such surveys, take such levels, make such excavations and carry out such examinations of depth and nature of subsoil,

• (d) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,

• (e) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,

• (f) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her by or under this Part.

(5)(a) An authorised person who, having entered any premises or boarded any vehicle, pursuant to this Regulation, considers that waste thereon or therein is such, or is being handled or transported in such manner, as to constitute a risk of environmental pollution, may direct the holder of such waste to take such measures as are considered by that authorised person to be necessary to remove that risk, including, the disposal of the waste, in such manner and place and within such period as the authorised person may specify.

• (b) If a holder of waste fails to comply with a direction of an authorised person under this paragraph, the authorised person may do all things as are necessary to ensure that the direction is carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the holder of the waste by him or her, or the person by whom he or she was appointed, as a simple contract debt in any court of competent jurisdiction.

• (6) Any person who—

• (a) refuses to allow an authorised person to enter any premises or board any vehicle or to take any person or equipment with him or her in the exercise of his or her powers under this Regulation,

• (b) obstructs or impedes an authorised person in the exercise of any of his or her powers under this Regulation,

• (c) gives either to an authorised person, a relevant local authority or the Agency, information which to his or her knowledge is false or misleading in a material respect, or

• (d) fails or refuses to comply with any requirement of this Regulation or of an authorised person,

shall be guilty of an offence.

(7)(a) Where an authorised person in the exercise of his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under this Part may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this paragraph authorising the entry by the authorised person into the premises.

• (b) If on application being made to him or her under this paragraph, a judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of the Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in paragraph (4) or (5).

• (8) An authorised person may, in the exercise of any power conferred on him or her by this Part involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Part, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána of whom he or she makes such a request shall comply therewith.

• (9) An authorised person may enter on land for the purpose of assessing the suitability of the land for waste disposal; such an entry shall be subject to the relevant provisions of section 252 (other than subsection (7)) of the Planning and Development Act 2000 (No. 30 of 2000) as if it were an entry made under that section.

Monitoring

• (2) Each local authority and the Agency shall keep and maintain or cause to be kept and maintained, such records of any monitoring carried out by it under paragraph (1) as it considers reasonable and necessary.

(3)(a) Where it appears necessary so to do for any purpose of this Part, a local authority or the Agency may require any person who holds or is in control of the recovery or disposal of any waste to carry out or arrange to have carried out such monitoring in relation to the activity concerned as the local authority or the Agency may specify and to keep and to supply to the local authority or the Agency such records of the said monitoring as the local authority or the Agency may specify.

• (b) A person who fails to comply with a requirement under this paragraph shall be guilty of an offence.

• (4) Each local authority and the Agency shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring carried out under this Regulation that are in its possession or control.

• (5) Each local authority and the Agency shall carry out or take or cause to be carried out or taken such monitoring or other measures as it considers necessary to verify that any monitoring or records of such monitoring required by it under paragraph (3) to be carried out or kept are being carried out or kept.

Service of notices

• (a) by addressing it to the person by name and delivering it to him or her,

• (b) by leaving it at the address at which the person ordinarily resides,

• (c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides,

• (d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address, or

• (e) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises.

• (2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Part may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.

• (3) For the purposes of this Regulation, a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

• (4) A person shall not at any time during the period of 3 months after a notice is affixed under paragraph (1)(e) remove, damage or deface the notice without lawful authority.

• (5) A person who contravenes paragraph (4) shall be guilty of an offence.

Information

• (a) any waste holder,

• (b) any person, engaged in the importation, exportation, production, collection, recovery or disposal of waste, or any related or ancillary activity,

• (c) any person acting as a waste broker or dealer, or

• (d) the occupier or person in charge of any waste facility,

to maintain such records and to furnish in writing to the Minister, local authority or Agency, as the case may be, within such period (being not less than 14 days after the date of the service of the notice) and, if appropriate, thereafter at such frequency as may be specified in the notice, such particulars, as to—

• (i) any activity or process as aforesaid or any facility concerned,

• (ii) provision proposed to be made or made or measures taken for the importation, exportation, collection, recovery or disposal of any waste concerned,

• (iii) the origin, type, quantity, nature, composition and properties of waste concerned, or

• (iv) any other related or ancillary matter,

as may be so specified.

• (2) A person who fails to comply with a notice under this Regulation or who furnishes any information in reply to such a notice which he or she knows to be false or misleading in a material respect shall be guilty of an offence.

• (3) Information obtained under this Regulation by a local authority, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or the Agency so requests, be furnished to the Minister or the Agency, as the case may be.

• (4) Each local authority and the Agency shall compile or otherwise obtain, and furnish to the Minister, such statistics or other information relating to any aspect of waste production and management, at such frequency, as may be specified in writing by the Minister.

• (5) Where the Agency or a local authority brings proceedings against a person in respect of an offence under this Part, and the person is convicted of that offence, the Agency or the local authority, as the case may be, shall, as soon as may be after the conviction of the person, inform each local authority or, as the case may be, each other local authority and the Agency of the fact that the person has been so convicted, giving such details, as it thinks appropriate, of the nature of the offence.

Enforcement and penalties

• (2) A prosecution for a summary offence under this Part may be taken by the local authority, the Agency or Dublin City Council.

• (3) A person guilty of an offence under these Regulations is liable—

• (a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 3 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.

Offences by bodies corporate

• (2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Reporting

• (b) This report shall also contain information on the management of waste oil and on the progress achieved in the implementation of the waste prevention programmes and, as appropriate, information on measures as foreseen by Regulation 30 on extended producer responsibility.

• (2) The report shall be submitted to the Commission within 9 months of the end of the 3 year period covered by it.

• (3) Where the format for notifying the information referred to in paragraph (1) is decided through Community acts, the Agency shall take the necessary measures to ensure that the prescribed format is used when furnishing a copy of the sectoral report to the Minister.

• (4) Local authorities and Dublin City Council shall provide such information to the Agency in writing, or other form of notification, including electronic means, as may be specified by the Agency for the purposes of compliance with this Regulation.

• (5) Waste producers that are required to maintain records by local authorities, the Agency or Dublin City Council under Regulation 45(3) shall provide such information to the Agency in writing, or other form of notification, including electronic means, as may be specified by the Agency for the purposes of compliance with this Regulation.

Interpretation and adaptation to technical progress

PART 4 CONSEQUENTIAL AMENDMENTS

Amendment of Waste Management (Planning) Regulations 1997

• (a) by substituting the following article for article 2:

“2.The purposes for which these Regulations are made include the purpose of giving effect to provisions of—

• (a) Council Directive 96/59/EC of 16 September 1996¹⁸ on the disposal of polychlorinated biphenyls and polychlorinated terphenyls,

• (b) Council Directive 80/68/EEC of 17 December 1979¹⁹ on the protection of groundwater against pollution caused by certain dangerous substances,

• (c) Council Directive 85/337/EEC of 27 June 1985²⁰ on the assessment of the effects of certain public and private projects on the environment,

• (d) Council Directive 86/278/EEC of 12 June 1986²¹ on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture,

• (e) Council Directive 87/217/EEC of 19 March 1987²² on the prevention and reduction of environmental pollution by asbestos,

• (f) Council Directive 91/271/EEC of 21 May 1991²³ concerning urban waste water treatment,

• (g) TFS Regulation,

• (h) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste,

• (i) Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control,

• (j) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles,

• (k) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000²⁴ establishing a framework for Community action in the field of water policy,

• (l) Directive 2000/76/EC of the European Parliament and of the Council of 4 December, 2000²⁵ on the incineration of waste,

• (m) Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003²⁶ on the restriction of the use of certain hazardous substances in electrical and electronic equipment,

• (n) Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003²⁷ on waste electrical and electronic equipment (WEEE),

• (o) Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003²⁸ amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE),

• (p) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006²⁹ on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,

• (q) Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006³⁰ on the protection of groundwater against pollution and deterioration,

• (r) the Waste Directive, and

• (s) Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004³¹ on persistent organic pollutants and amending Directive 79/117/EEC, as amended by Council Regulation (EC) No. 1195/2006 and Council Regulation (EC) No. 172/2007.”,

• (b) in article 4 (1), by substituting “section 22(6) and (7)(a)” for “section 22(7)(a)”,

• (c) in the Schedule—

• (i) in Part 1—

• (I) in paragraph (d), by inserting “and” after “infrastructure,”,

• (II) by substituting the following for paragraphs (e) and (f):

• “(g) a description of how sections 21A and 31A of the Act and Regulation 33 of the Regulations of 2011 will be met,”,

• (ii) in Part 2, at 2.3, by inserting the following after “activities.”:

“A plan shall describe how waste prevention programmes established by the Agency under section 27A of the Act will be integrated into the plan.”, and

• (iii) in Part 4, at 4.1 and 4.2, by substituting “section 22(6) and (7)(a)” for “section 22(7)(a)”.

Amendment of Waste Management (Hazardous Waste) Regulations 1998

• (a) in article 3, by deleting paragraphs (a) and (d), and

• (b) by deleting Part V and articles 21 and 22.

Amendment of Waste Management (Miscellaneous Provisions) Regulations 1998

Amendment of Waste Management (Licensing) Regulations 2004

• (a) in article 3—

• (i) by deleting paragraphs (a), (b) and (f),

• (ii) in paragraph (h), by deleting “and”,

• (iii) in paragraph (i), by substituting “waste, and” for “waste.”, and

• (iv) by inserting the following paragraphs after paragraph (i)—

• “(j) the Waste Directive,

• (k) Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste,

• (l) Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006³² on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community,

• (m) Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration,

• (n) Council Directive 91/676/EEC of 12 December 1991³³ concerning the protection of waters against pollution caused by nitrates from agricultural sources,

• (o) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy,

• (p) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles as amended by Council Decision 2005/673/EC of 20 September 2005,

• (q) Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE), as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003,

• (r) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,

• (s) Council Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC,

• (t) Regulation (EC) No. 2150/2002 of the European Parliament and of the Council of 25 November 2002³⁴ on waste statistics, and

• (u) Regulation (EC) No. 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC, as amended by Council Regulation (EC) No. 1195/2006 and Council Regulation (EC) No. 172/2007.”,

• (b) in article 4(3)—

• (i) in the definition of “waste licence”, by substituting “Act.” for “Act;”, and

• (ii) by deleting the definition of “waste oils”,

• (c) in article 12(1)—

• (i) in paragraph (u), by substituting “sub-article,” for “sub-article.”,

and

• (ii) by adding the following paragraph after paragraph (u):

• “(v) describe how the waste hierarchy in section 21A of the Act is applied.”,

• (d) by deleting Article 37, and

• (e) in the Third Schedule, by substituting the following for the fourth row of that Schedule:

“Articles 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 27, 28, 29, 31, 34, 35 and 36	Waste Directive ”.

Amendment of Waste Management (Collection Permit) Regulations 2007

• (a) in article 3—

• (i) by deleting paragraphs (a), (b) and (g),

• (ii) in paragraph (s), by substituting “EEC,” for “EEC, and”,

• (iii) in paragraph (t), by substituting “deterioration, and” for “deterioration.”, and

• (iv) by inserting the following paragraph after paragraph (t):

• “(u) the Waste Directive.”,

• (b) in article 4(2), by deleting the definitions of “biowaste” and “Directive 2006/12/EC”,

• (c) in article 21, by inserting the following paragraph after paragraph (o):

• “(p) an offence under Part 3 of the Regulations of 2011,”,

• (d) in article 29(1), by substituting the following paragraph for paragraph (c):

• “(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ), the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ) or the Regulations of 2011,”,

and

• (e) in the Fourth Schedule—

• (i) by deleting rows 1, 3 and 5, and

• (ii) by inserting “Waste Directive” after the last row.

Amendment of Waste Management (Facility Permit and Registration) Regulations 2007

• (a) in article 3, by inserting the following sub-articles after sub-article (4):

• “(4A) Where an application for a waste facility permit is made in respect of a facility for which a waste licence was granted under section 39(1) of the Act and such facility is eligible for a waste facility permit in accordance with these Regulations, the waste licence shall remain valid until such time as a decision is taken to grant or to refuse a waste facility permit under article 18.

• (4B) Where an application for a certificate of registration is made in respect of a facility for which a waste facility permit was granted under article 18 and such facility is eligible for a certificate of registration in accordance with these Regulations, the waste facility permit shall remain valid until such time as a decision is taken to grant or to refuse a certificate of registration under article 37.”,

• (b) in article 4—

• (i) by deleting paragraphs (a), (b) and (h),

• (ii) by inserting the following paragraph after paragraph (x):

• “(y) the Waste Directive.”,

• (c) in article 5(1), by deleting the definitions of “biowaste” and “Directive 2006/12/EC”, and

• (d) in article 6(2)(c)(ii)(B), by substituting “requirements of articles 1, 4 and 13 of the Waste Directive” for “general requirements laid down in article 4 of Directive 2006/12/EC”,

• (e) in article 19, by substituting the following sub-article for sub-article (2):

• “(2) For the purposes of the attachment by a local authority of conditions to a waste facility permit that may be granted by it in respect of an activity which involves the holding of waste oils, the authority shall take such steps as are necessary for the purposes of compliance with Article 21 of the Waste Directive.”,

• (f) in article 22, by substituting the following paragraphs for paragraph (o):

• “(o) the contravention of Regulations 6, 7, 8, 9, 10, 11 or 12 of the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ),

• (p) an offence under Part 3 of the Regulations of 2011,

• (q) an offence under article 43,”,

• (g) by deleting article 23,

• (h) in article 36(1)—

• (i) in paragraph (a), by inserting “and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article” after “reasonable opinion”,

• (ii) by substituting the following paragraph for paragraph (c):

• “(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ), the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ), the Waste Management (Shipment of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ) or the Regulations of 2011, or”,

• (i) in article 38(7)—

• (i) in paragraph (a), by inserting “and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article” after “reasonable opinion”,

• (ii) by substituting the following paragraph for paragraph (c):

• “(c) the activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007 ( S.I. No. 820 of 2007 ), the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ), the Waste Management (Shipment of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ), the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2008 ( S.I. No. 252 of 2008 ), or Part 3 of the Regulations of 2011, or”,

• (j) in article 40(2), by substituting the following paragraph for paragraph (a):

• “(a) the general requirements of Articles 13 and 36(1) of the Waste Directive, and”, and

• (k) in the Second Schedule—

• (i) by deleting rows 1, 2 and 8, and

• (ii) by inserting “Waste Directive” after the last row.

Amendment of section 3A of Environmental Protection Agency Act 1992

GIVEN under my Official Seal,

31 March 2011.

PHIL HOGAN,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

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

These Regulations provide for measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use and transpose Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives, referred to in these Regulations as the waste directive. The vast bulk of the waste directive is already transposed by the Waste Management Act 1996 and various regulations made thereunder and where required the Regulations amend the 1996 Waste Management Act, provide for stand alone aspects not amenable for direct inclusion into the Act by way of specific amendments and also other consequential amendments to regulations affected by the transposition.

The following table indicates how the Directive is transposed-aspects the responsibility of the Commission in certain articles are not transposed.

Article of Directive 2008/98/EC	Transposed by Regulation
1 Subject matter and scope	Transposition not required
2 Exclusions from the scope	4 Substitution of sections 3 and 4 of Act of 1996 and 26 Non-application of Part 3
3 Definitions	4 Substitution of sections 3 and 4 of Act of 1996 and 5 Amendment of section 5 of the Act of 1996
4 Waste hierarchy	7 Insertion of section 21A into Act of 1996
5 By-products	27 By-products
6 End-of-waste status	28 End-of-waste status
7 List of waste	29 List of waste
8 Extended producer responsibility	30 Extended producer responsibility
9 Prevention of waste	Transposition not required
10 Recovery	14 Amendment of section 29 of Act of 1996
11 Reuse-and recycling	31 Reuse-and recycling
12 Disposal	18 Amendment of section 38 of Act of 1996
13 Protection of human health and the environment	32 Protection of human health and the environment and 16 Amendment of section 32 of Act of 1996
14 Costs	15 Insertion of section 31A into Act of 1996
15 Responsibility for waste management	16 Amendment of section 32 of Act of 1996
16 Principles of self-sufficiency and proximity	17 Insertion of new section 37A into Act of 1996
17 Control of hazardous waste	33 Control of hazardous waste
18 Ban on the mixing of hazardous waste	34 Ban on the mixing of hazardous waste
19 Labelling of hazardous waste	35 Labelling of hazardous waste
20 Hazardous waste produced by households	36 Hazardous waste produced by households
21 Waste Oils	37 Waste Oils
22 Bio-waste	38 Biowaste and 14 Amendment of section 29 of Act of 1996
23 Issue of permits	21 Amendment of section 41 of Act of 1996, (section 39 of the Act of 1996), 20 Amendment of section 40 of Act of 1996, section 46 of the Act of 1996
24 Exemptions from permit requirements	19 Amendment of section 39 of Act of 1996
25 Conditions for exemptions	19 Amendment of section 39 of Act of 1996
26 Registration	39 Registration
27 Minimum standards	40 Minimum standards
28 Waste management plans	8 Amendment of section 22 of Act of 1996
29 Waste prevention programmes	13 Insertion of section 27A into Act of 1996
30 Evaluation and review of plans and programmes	8 Amendment of section 22 of Act of 1996, 13 insertion of section 27A into Act of 1996
31 Public participation	41 Public participation
32 Cooperation	42 Cooperation
33 Information to be submitted to the Commission	43 Information to be submitted to the Commission
34 Inspections	44 Inspections and 6-amendment of section 15 of Act of 1996
35 Record keeping	45 Record keeping and 6-amendment of section 15 of Act of 1996
36 Enforcement and penalties	50 Enforcement and penalties, 16 Amendment of section 32 of Act of 1996 and section 10 of the Act of 1996
37 Reporting and reviewing	52 Reporting
38 Interpretation and adaptation to technical progress	53 Interpretation and adaptation to technical progress
39 Committee procedure	Does not need transposition-matter for the Commission
40 Transposition	Does not need transposition
41 Repeal and transitional provisions	Does not need transposition
42 Entry into force	Does not need transposition
43 Addresses	Does not need transposition
Annexes	Regulation 24-substitution of First to Fourth Schedules

Footnotes