S.I. No. 400/2017 - Waste Management (Tyres and Waste Tyres) Regulations 2017

INDEX

PART I PRELIMINARY AND GENERAL

1.

2.

3.

PART II REGISTRATION BODY

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

PART III APPROVED BODY

16.

17.

18.

19.

20.

21.

22.

23.

24.

PART IV RETAILER OBLIGATIONS

25.

26.

27.

28.

29.

PART V WASTE COLLECTOR OBLIGATIONS

30.

31.

32.

33.

PART VI RECOVERY OPERATOR OBLIGATIONS

34.

35.

36.

37.

PART VII FARMER OBLIGATIONS

38.

39.

40.

41.

PART VIII ENVIRONMENTAL MANAGEMENT COST

42.

43.

PART IX ENFORCEMENT

44.

45.

PART X MISCELLANEOUS

46.

47.

48.

49.

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

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

Interpretation

“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

• (2) Without prejudice to paragraph (1), these Regulations shall not apply to tyres falling within subheadings 40113000, 40115000 and 40121300 of the CN code.

PART II REGISTRATION BODY

Establishment of a Registration Body

• (2) Any person or persons, or association, or body corporate who undertakes all the functions provided for in Regulation 7 shall be known for the purposes of these Regulations as the “registration body”.

Grant or refusal of approval

• (2) An application for approval provided for in Regulation 4 (1) shall be made in writing and shall be accompanied by the following:

• (a) a copy of the articles of association of the body corporate,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) the names and addresses in the State of the officers of the registration body and its board of directors,

• (d) proposals relating to corporate governance,

• (e) the address of the registration body’s registered office and the address of the secretary, if different from the registered office,

• (f) a business plan in relation to the operation of the registration body,

• (g) a financial plan in relation to the operation of the registration body,

• (h) proposals for the certification of producers for the purpose of Regulation 15,

• (i) proposals for an annual audit plan of producers,

• (j) proposals for determining the proportion of market share held by individual producers,

• (k) proposals for an independent appeals process in the event of an application for registration being rejected or as appropriate revoked in accordance with Regulation 15 (4),

• (l) proposals for registration fee structures,

• (m) such other information as may be specified in writing by the Minister for the purposes of this Regulation.

• (3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to matters specified in Regulation 6 and including, but not exclusively,—

• (a) the period of approval which shall be for a period of not more than 5 years,

• (b) variance in the terms and conditions of approval,

• (c) revocation of approval, and

• (d) the nature of information (including financial accounts) to be recorded and maintained by the body concerned.

• (4) The Minister may, by notice in writing, from time to time vary any condition attached to an approval granted in accordance with the provisions of this Regulation.

• (5) The registration body shall be responsible for the effective carrying out of its functions.

Review and revocation of approval

• (2) Where the Minister proposes to review an approval, the Minister shall—

• (a) give notice in writing to the registration body of the proposal and the reasons therefore,

• (b) specify a period of not less than 4 weeks within which the registration body may make a submission to the Minister in relation to a review, and

• (c) consider any submission so made.

• (3) Following the consideration of any submission made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.

• (4) Where an approval, granted in accordance with the provisions of Regulation 5 is due to expire, the registration body—

• (a) shall not later than 6 months before the expiry date of the approval, notify the Minister, in writing, whether or not it intends to continue or cease operating as the registration body, and

• (b) if intending to continue to operate as the registration body, shall not later than 4 months before the expiry date of the approval, make a submission to the Minister in accordance with the provisions of said Regulation.

• (5) Subject to paragraph (6), where it appears to the Minister that the registration body is not complying with conditions attached to such approval, he or she may revoke an approval granted in accordance with the provisions of Regulation 5.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of Regulation 5, the Minister shall—

• (a) give notice in writing to the registration body of the proposed decision and the reasons therefore,

• (b) specify a period of not less than 4 weeks within which the registration body may make a submission to the Minister in relation to the proposed decision, and

• (c) consider any submission so made.

• (7) Once an approval granted in accordance with the provisions of Regulation 5—

• (a) is revoked by the Minister, or

• (b) expires,

the registration body and any third party contracted to undertake any or all of the functions allotted to it, shall immediately transfer to the Minister, or to any party so directed by the Minister, or to the person or persons, or association, or body corporate who is in receipt of the next approval to act as the registration body for the purposes of this Part, all records, documentation and data in written and in electronic form, including the requisite software and programmes, together with any funds and assets that were obtained on account of the functions provided for in Regulation 7 and powers that were vested in accordance with the provisions of Regulation 8.

Functions of the Registration Body

• (a) establish and maintain a register (hereafter in this Part referred to as ‘the register’) of all producers placing tyres on the market in the State,

• (b) provide for the determination of the proportion of market share held by each individual producer placing tyres on the market in the State and notify him or her accordingly,

• (c) determine the amount of environmental management cost liability accrued by each producer in accordance with Regulation 42,

• (d) advise the approved body of the amount of environmental management cost liability of each producer in respect of the preceding calendar month by a day in the month to be agreed between the registration body and the approved body,

• (e) implement an annual audit plan,

• (f) cause proper accounts to be kept of all income and expenditure of the registration body in each calendar year, or in the first 2 years of its operations the relevant part thereof, and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the registration body,

• (g) in the first 6 months of each year, or by a date specified by the Minister in an approval granted in accordance with Regulation 5, make a report to the Minister of its activities during the preceding calendar year, or in the first 2 years of its operations the relevant part thereof, which shall include a summary of all income and expenditure and balance sheet for that calendar year, or in the first 2 years of its operations the relevant part thereof, and audited accounts in respect of the calendar year, or in the first 2 years of its operations the relevant part thereof, prior to that,

• (h) provide such information regarding the operation of the registration body as the Minister may from time to time require,

• (i) provide such information to the approved body at a frequency and in a format as shall be agreed between the registration body and the approved body in order to ensure the full traceability of tyres placed on the market by producers,

• (j) notify the relevant local authority or, as appropriate, the Agency where it is evident to the registration body that a producer has failed to comply with any provision or provisions of these Regulations and provide information to the relevant local authority or, as appropriate, the Agency in such format and at such frequency as may be determined by the local authority or the Agency, as appropriate.

• (2) The registration body shall be prohibited from providing to any person or persons, any information or data either verbally, in written or in electronic form

• (a) concerning the quantity of tyres placed on the market attributable to or, as necessary,

• (b) that may be used to identify or, as necessary, calculate the market share of

any individual producer other than to the individual producer unless authorised to do so by the individual producer or the Minister.

• (3) The Minister shall inform an individual producer if he or she proposes to authorise the registration body to provide any information in paragraph (2).

• (4) Without prejudice to paragraph (1) the registration body may, where appropriate, procure the services of a—

• (a) person or persons,

• (b) association or associations or, as appropriate,

• (c) body corporate or bodies corporate,

to undertake any or all of the functions allotted to it.

Powers of the Registration Body

• (a) determine applications for registration of producers or refusals in accordance with the provisions of Regulation 15,

• (b) issue certificates of registration and registration numbers,

• (c) obtain a statement from the external auditors of any producer, or any approved body relating to financial information or, as appropriate, examine the records of any producer, or approved body acting on behalf of a producer relating to—

• (i) the quantities, by weight or, as appropriate, by number of units of tyres placed on the market by a producer, and

• (ii) market data including the quantities, by weight or, as appropriate, by number of units, of tyres placed on the market by a producer,

• (d) where necessary, receive any subscriptions or make charges to provide for the effective carrying out of its functions,

• (e) set the level of any such subscription or charges which it may review from time to time.

• (2) Without prejudice to paragraph (1), where any or all of the registration functions are sub-contracted to a third party, the powers laid down in subparagraph (1)(c) shall transfer to the third party concerned.

• (3) Without prejudice to paragraph (2), a third party empowered to determine the total quantity of tyres attributable to each individual producer shall be prohibited from providing to any person or persons, including the contracting registration body, any information or data either verbally, in written or in electronic form—

• (a) concerning the quantity of tyres placed on the market attributable to or, as necessary,

• (b) that may be used to identify or, as necessary, calculate the market share of,

any individual producer other than to the individual producer concerned, unless authorised to do so by the individual producer or the Minister.

• (4) The Minister shall inform an individual producer if he or she proposes to authorise the disclosure of information in paragraph (3).

Obligation of producers to register with and provide information to the Registration Body

• (a) be registered with the registration body,

• (b) display the registration number issued to him or her in accordance with the provisions of Regulation 8 on any invoice, receipt, credit note, dispatch and delivery docket issued to a customer by him or her,

• (c) pay any subscription or charge as may be determined by the registration body or, as appropriate, a third party acting on its behalf, and

• (d) prior to a day in each month to be prescribed by the registration body, provide the registration body with the information set out in Part 2 of the Second Schedule.

Registration with the Registration Body

• (2) Notwithstanding paragraph (1), where, prior to 1 October 2017, the Minister has approved a person or persons, or association or body corporate to undertake the functions of the registration body, a producer who has commenced business in advance of said approval shall apply for registration to the registration body or as appropriate a third party acting on its behalf in accordance with paragraph (3) before 1 October 2017.

• (3) An application for registration in accordance with the provisions of paragraphs (1) and (2) shall be made annually, and not later than 31 January in each calendar year, in writing, or electronically and shall contain at least the information set out in Part 1 of the Second Schedule.

• (4) An application for registration in accordance with the provisions of paragraphs (1) and (2) shall be accompanied by any charge as may be determined by the registration body or, as appropriate, a third party acting on its behalf.

• (5) A producer shall notify the registration body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for registration within 10 working days of such change.

• (6) An application for registration in accordance with paragraphs (1) and (2) shall be accompanied by a copy of a valid membership number granted in accordance with the provisions of Regulation 15 of these Regulations stating that such a producer is participating in a satisfactory manner in a scheme for the environmentally sound management of waste tyres.

• (7) A producer shall de-register by informing the registration body in writing or electronically that it has ceased to be a producer.

• (8) The information for the purposes of paragraph (7) shall indicate how the producer has ensured the environmentally sound management of waste tyres up until the last date on which it has placed tyres on the market.

Obligation on Producers to retain records

Prohibition on Producers to place tyres on the market

• (a) fails to comply with any of the provisions of Regulation 9, or

• (b) is deemed not to be registered in accordance with Regulation 15, or

• (c) is refused an application for renewal of registration in accordance with the provisions of Regulation 15(4),

shall not place tyres on the market in the State.

Producer’s Authorised Representative

• (2) Appointment of an authorised representative shall be by written mandate to the registration body.

Display of Registration Number

Certification of Producers

• (2) A producer shall not be deemed to be registered until a Certificate of Registration and registration number have been issued by the registration body or a third party acting on its behalf.

• (3) The registration body or a third party acting on its behalf shall issue a Certificate of Registration bearing a unique registration number as expeditiously as possible and, in any event, within—

(a)21 working days of the date of receipt of an application for registration, or

(b)21 working days after the date of receipt of further information or particulars requested by the registration body in connection with such an application,

whichever is the later.

• (4) Without prejudice to paragraphs (1) and (3), the registration body may refuse or, as appropriate, revoke a registration in accordance with the provisions of this Regulation where it considers that a producer has, in the preceding 12 month period, or any part of that period failed to—

• (a) maintain satisfactory records in accordance with the provisions of Regulation 11, or

• (b) provide the information specified in Regulations 10 or 11, or

• (c) display the registration number issued to him or her in accordance with Regulation 8 on his or her website.

PART III APPROVED BODY

Application to the Minister for approval

• (2) An application for approval under paragraph (1) shall be made in writing and shall be accompanied by the following:

• (a) a copy of the Articles of Association of the body corporate,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) the names and addresses in the State of the officers of the body applying for approval and its board of directors,

• (d) the address of the body applying for approval’s registered office and the address of the secretary, if different from the registered office,

• (e) proposals relating to corporate governance,

• (f) proposals for representation of small and medium sized enterprises on the board of the approved body,

• (g) a business plan in relation to the proposed scheme,

• (h) a financial plan in relation to the proposed scheme,

• (i) proposals for a contingency reserve,

• (j) proposals relating to co-operation with other approved bodies, authorised waste collectors and recovery operators in relation to the environmentally sound management of waste tyres arising,

• (k) proposals in relation to how the body corporate will ensure the environmentally sound management of waste tyres including proposals for Rules of Membership for members participating in the scheme,

• (l) proposals for the achievement of targets for the environmentally sound management of waste tyres,

• (m) proposals for reconciliation and audit of information supplied by members,

• (n) proposals for obtaining information from local authorities:

• (i) accepting waste tyres at civic amenity facilities or, as appropriate,

• (ii) utilising waste tyres in engineering or public works,

• (o) proposals for submitting information, in such form and at such frequency as may be specified by a local authority or, as appropriate, the Agency in relation to activities carried out and information held by the approved body, by producer and retailer members of the approved body and by authorised waste collectors, recovery operators and farmers registered with the approved body,

• (p) a copy of the rules of membership of the body corporate together with details of the membership fee structure,

• (q) a declaration that no authorised waste collector will be discriminated against on the grounds of the quantity or type of tyres that he or she collects or, as appropriate, geographical location or locations of the waste collector,

• (r) a list of applications for membership received, accepted, and rejected together with the grounds for rejection,

• (s) proposals for the certification of membership of producers and retailers for the purposes of Regulation 20,

• (t) proposals for an independent appeals process in the event of an application for membership being rejected or as appropriate revoked,

• (u) proposals for the registration of authorised waste collectors for the purposes of Regulation 30,

• (v) proposals for the registration of recovery operators for the purposes of Regulation 34,

• (w) proposals for the registration of farmers for the purposes of Regulation 39,

• (x) proposals relating to green procurement,

• (y) proposals relating to the dissemination of information to the public regarding the environmentally sound management of waste tyres,

• (z) proposals detailing the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister or, as appropriate,

• (aa) such other information as may be specified in writing by the Minister for the purposes of this regulation.

Grant or refusal of approval

• (2) Subject to Regulation 16, an approval granted by the Minister under this Regulation shall be for a period of not more than 5 years.

• (3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to the matters specified in Regulation 16.

• (4) Without prejudice to paragraph (3), in the event that an approved body:

• (a) has its approval revoked in accordance with the provisions of Regulation 18,

• (b) goes into liquidation, examination or, receivership or, as appropriate,

• (c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 449 of the Companies Act 2014 ,

the contingency reserve provided for in Regulation 16(2), shall not be used by any person or persons, including the liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer, supplier or, as appropriate, authorised waste collector concerned as laid down in these Regulations.

• (5) The Minister may, by notice in writing, from time to time vary any existing condition attached to an approval granted in accordance with the provisions of this Regulation or add any new condition.

Review and revocation of approval

• (a) new targets for the environmentally sound management of waste tyres need to be set,

• (b) it is necessary to ensure equitable distribution of producer or retailer responsibility obligations, or

• (c) for some other reason it is necessary in the interests of the environmentally sound management of waste tyres,

he or she may review an approval granted in accordance with the provisions of Regulation 17, or require the approved body to make a new application in accordance with the provisions of Regulation 16 for a renewal of an approval.

• (2) Where the Minister proposes to review an approval granted in accordance with the provisions of Regulation 17, or require the making of a new application in accordance with the provisions of Regulation 16, the Minister shall:

• (a) give notice in writing to the approved body of the proposal and the reasons therefore,

• (b) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to a review, or make a new application in accordance with the provisions of Regulation 16, as the case may be, and

• (c) consider any submission, or application so made.

• (3) Following the consideration of any submission or application made in accordance with paragraph (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate, or grant a new approval in accordance with the provisions of Regulation 17, as the case may be.

• (4) Where an approval granted in accordance with the provisions of Regulation 17 is due to expire, the approved body concerned shall:

• (a) not later than 6 months before the expiry of the approval, if intending to continue to operate as an approved body, make an application to the Minister under Regulation 16, or

• (b) not later than 6 months before the expiry of the approval, notify the Minister, in writing, if it intends to cease operating as an approved body.

• (5) Subject to paragraph (6), where it appears to the Minister that an approved body is not complying with conditions attached to such approval, or that relevant targets for the environmentally sound management of waste tyres have not been or are not being met, the Minister may review or, as appropriate, revoke an approval granted in accordance with Regulation 17.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of Regulation 17, the Minister shall:

• (a) give notice in writing to the approved body of the proposed decision and the reasons therefor,

• (b) specify a period of not less than 4 weeks within which the approved body may make a submission to the Minister in relation to the proposed decision, and

• (c) consider any submission so made.

• (7) Where the Minister revokes an approval granted in accordance with the provisions of Regulation 17, the approved body concerned shall transfer the registration of all farmers and waste collectors to:

• (a) another body corporate granted an approval in accordance with the provisions of Regulation 17, or in the event of no approval issuing to another body corporate,

• (b) the local authorities in whose functional areas each farmer concerned stores and uses waste tyres for the purposes of anchoring silage covering or

• (c) the local authorities in whose functional areas each waste collector collects waste tyres.

Use of logo adopted by an approved body

Functions of the approved body

• (a) be responsible for the effective carrying out of its functions,

• (b) where necessary, receive any subscriptions or make charges to provide for the effective carrying out of its function,

• (c) set the level of any such subscription or charges which it may review from time to time,

• (d) issue a certificate of membership to all producers and retailers who fulfil their obligations under these Regulations,

• (e) ensure the environmentally sound management of tyres on behalf of its members,

• (f) notwithstanding the obligations of subparagraph (c), not arrange for the collection of waste tyres from members for which the environmental management cost in the Eighth Schedule is not applicable or is set at €0.00,

• (g) recoup from individual producers the environmental management cost charged in accordance with Regulation 42, on receipt of information provided by the registration body in accordance with Regulation 7,

• (h) provide such information regarding the operation of the approved body as the Minister may from time to time require,

• (i) provide information to the relevant local authority, nominated authority or, as appropriate, the Agency in such format and at such frequency as may be determined by the local authority, nominated authority or the Agency,

• (j) provide such information to the registration body at a frequency and in a format as shall be agreed between the approved body and the registration body and in order to ensure the full traceability of tyres placed on the market by producers,

• (k) maintain a register of farmers to whom waste tyres have been supplied in accordance with Regulation 40.

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

• (a) be a member of an approved body,

• (b) pay membership fees as may be determined by that approved body.

• (2) A producer or retailer who fails to comply with the provisions of paragraph 1, or is refused a certificate of membership by an approved body in accordance with Regulations 23, paragraphs (3) and (4) shall not place tyres on the market in the State or, as appropriate, sell tyres to a customer.

• (3) Membership of an approved body shall not provide any exemption from the provisions of other regulations made under the Act, unless specifically provided for in these Regulations.

Application to an Approved Body

• (2) Notwithstanding paragraph (1), where, in advance of 1 October 2017, the Minister has approved one or more approved bodies in accordance with Regulation 17, a producer or retailer who has commenced business prior to such approval shall apply for membership of an approved body before 1 October 2017.

• (3) An application for membership of an approved body by a retailer in accordance with the provisions of paragraphs (1) and (2) shall be made in such form as may be prescribed by that approved body and shall contain at least the information set out in Part 1 of the Third Schedule.

• (4) An application for membership of an approved body by a producer in accordance with the provisions of paragraphs (1) and (2) shall be made in such form as may be prescribed by that approved body and shall contain at least the information set out in Part 3 of the Second Schedule.

• (5) An application for membership in accordance with the provisions of paragraphs (1) and (2) shall be accompanied by the fee as may be determined by the approved body.

• (6) A producer or retailer shall notify the approved body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for membership within 10 working days of such change.

• (7) A producer or retailer shall immediately inform the approved body of which it is a member, in writing or electronically, that it has ceased to be a producer or retailer.

Approval or refusal of application by an Approved Body

• (2) A retailer who makes an application in accordance the provisions of Regulation 22 shall be approved for membership by the approved body provided the requirements of Regulation 22 and 24 are complied with.

• (3) Without prejudice to paragraph (1) the approved body may refuse, or as appropriate, revoke a producer’s membership where it considers that said producer, in the preceding 12 month period, or any part of that period failed to carry out its obligations in accordance with Regulations 9, 10, 11, 12 or 21 under these Regulations.

• (4) Without prejudice to paragraph (1) the approved body may refuse, or as appropriate, revoke a retailer’s membership where it considers that said retailer, in the preceding 12 month period, or any part of that period failed to carry out its obligations in accordance with Regulations 21, 22, 24, 42 or Part IV of these Regulations.

• (5) Where the approved body refuses or, as appropriate, revokes a membership in accordance with paragraph (2), the approved body shall inform the registration body, the local authority in whose functional area the producer or retailer trades and the Agency within one week of the refusal or revocation of the membership.

Reporting and information to be provided by retailers to approved body

• (2) It shall be the responsibility of each retailer to retain, for a period of 7 years after the end of a reporting period prescribed by an approved body with whom the retailer is registered, such records as are necessary to verify the accuracy of the information compiled in accordance with paragraph (1).

PART IV RETAILER OBLIGATIONS

Prohibition on Retailers from distributing tyres supplied by Producers who are not in possession of a valid Certificate of Registration

Obligation on Retailers to display information

• (a) display in a manner that is visible to all customers the certificate of membership of an approved body issued in accordance with Regulation 20, and

• (b) fix and maintain in a conspicuous position a notice complying with the requirements specified in the Fourth Schedule.

Obligation on Retailers to ensure collection of certain waste tyres

Obligation on Retailers to charge an Environmental Management Cost and to forward the cost charged to an Approved Body

Management of waste tyres by Retailers

• (a) shall ensure that a waste tyre, within a category for which an environmental management cost has been set in accordance with the Eighth Schedule, can be returned to him or her on a one-to-one basis as long as the tyre is of equivalent type or has fulfilled the same function as the replacement tyre supplied to a customer,

• (b) who retains waste tyres following the supply of replacement tyres shall be prohibited from supplying such waste tyres to any person or persons other than an authorised waste collector who is registered with the approved body in accordance with Regulation 30,

• (c) who, in the course of the supply of replacement tyres, within a category for which an environmental management cost has been set in accordance with the Eighth Schedule, has a customer who chooses to retain waste tyres shall:

• (i) provide each customer concerned with details of each authorised waste collector or recovery operator, in the functional area of the local authority where the retailer’s premises are situated,

• (ii) advise each customer concerned that the tyres they have retained must be treated in an environmentally sound manner,

• (iii) advise each customer concerned that the tyres they have retained may be returned free of charge to him or her and

• (iv) indicate on the customer’s receipt the number of waste tyres which have been retained by the customer.

• (2) Notwithstanding subparagraphs (1)(b) and (1)(c), on and from the commencement date of these regulations any person retaining waste tyres following the supply of replacement tyres shall be prohibited from supplying waste tyres to any person or persons other than—

• (a) an authorised waste collector or recovery operator who is acting on behalf of an approved body established in accordance with Regulations 30 and 34,

• (b) a local authority providing a service for the collection and environmentally sound management of waste tyres or, as appropriate,

• (c) a retailer from whom the replacement tyre was supplied in accordance with subparagraph (1)(c).

PART V WASTE COLLECTOR OBLIGATIONS

Application for registration with an approved body by authorised waste collectors

• (2) An application or registration under paragraph (1) shall be accompanied by a fee as may be determined by an approved body with which the authorised waste collector registers in accordance with paragraph (1).

• (3) An application for registration in accordance with the provisions of paragraph (1) shall be made in such form as may be prescribed by the approved body and shall contain at least the information set out in Part 1 of the Fifth Schedule.

Registration and certification of waste collectors

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

• (2) It shall be the responsibility of each authorised waste collector to retain, for a period of 7 years after the end of a reporting period prescribed by an approved body with whom the authorised waste collector is registered, such records as are necessary to verify the accuracy of the information compiled in accordance with paragraph (1).

Management of waste tyres by authorised waste collectors

• (2) On and from the commencement date of these Regulations, or the date of commencement of business, whichever is the later, an authorised waste collector, shall be prohibited from supplying waste tyres to any person or persons other than—

• (a) an authorised waste collector who is registered with an approved body established in accordance with Regulation 30

• (b) a farmer on request from an approved body

• (c) a local authority providing a service for the collection or, as appropriate, environmentally sound management of waste tyres, or

• (d) an authorised recovery operator who is registered with an approved body.

PART VI RECOVERY OPERATOR OBLIGATIONS

Application for registration with an approved body by recovery operators

• (2) An application or registration under paragraph (1) shall be accompanied by a fee as may be determined by the approved body with which the recovery operator registers in accordance with paragraph (1).

• (3) An application for registration in accordance with the provisions of paragraph (1) shall be made in such form as may be prescribed by the approved body and shall contain at least the information set out in Part 1 of the Sixth Schedule.

Registration and certification of recovery operators

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

• (2) It shall be the responsibility of each recovery operator to retain, for a period of 7 years after the end of a reporting period prescribed by an approved body with whom the authorised waste collector is registered, such records as are necessary to verify the accuracy of the information compiled in accordance with paragraph (1).

Obligation on Recovery Operators to provide a Certificate of Recovery

PART VII FARMER OBLIGATIONS

Prohibition on the storage of waste tyres by farmers

• (2) Notwithstanding paragraph (1), a farmer who is the owner or person in charge of a herd or a flock to which a herd or a flock number is for the time being allocated by an officer of the Minister for Agriculture, Food and the Marine may, subject to the provisions of Regulation 1, store and use waste tyres for the purposes of anchoring silage covering.

• (3) Notwithstanding paragraph (2), any farmer who uses or intends to store and use waste tyres for the purposes of anchoring silage covering shall register with an approved body in accordance with the provisions of Regulation 39.

Application for registration of farmers

• (2) An application for registration under paragraph (1) shall be accompanied by a fee as may be determined by the approved body.

• (3) A farmer shall notify the approved body with which they have registered in accordance with Regulation 38 of any changes to the information provided in an application for registration.

Management of waste tyres by farmers

• (a) who is the owner or person in charge of a herd or a flock to which a herd or a flock number is for the time being allocated by an officer of the Minister for Agriculture, Food and the Marine and who is registered with an approved body in accordance with this Part, may store waste tyres in categories 1 to 5 of the First Schedule for the purpose of anchoring silage covering subject to a maximum of 8 tyres per square metre of any silage pit’s floor area or, as appropriate,

• (b) shall advise the approved body with which he or she is registered in accordance with Regulation 39 in a form as may be specified by that approved body of any movement of waste tyres onto or off his or her farm,

• (c) shall be prohibited from receiving tyres from any person other than an authorised waste collector who is registered with the approved body with whom he or she has registered,

• (d) shall be prohibited from supplying waste tyres to any person other than:

• (i) an authorised waste collector who is registered with the approved body with whom he or she is registered, or

• (ii) a recovery operator who is registered with the approved body with whom he or she is registered, or

• (iii) a local authority providing a service for the collection or, as appropriate, environmentally sound management of waste tyres.

Management of historic waste tyres by farmers

• (2) Notwithstanding paragraph (1), the farmer concerned shall ensure the environmentally sound management of waste tyres on his or her premises.

PART VIII ENVIRONMENTAL MANAGEMENT COST

Financing the cost of managing tyres in an environmentally sound manner

• (2) Where a cost under paragraph (1) is imposed that cost shall be itemised as a separate line item on any invoice, receipt, credit note, dispatch and delivery docket containing the retail price of a tyre issued to his or her customer.

• (3) Any retailer who supplies tyres supplied by a producer who displays environmental management costs shall ensure that such costs are indicated to his or her customer visibly and legibly in writing.

• (4) Without prejudice to paragraph (3), where an environmental management cost in accordance with the provisions of paragraph (2), is displayed—

• (a) in a retailer’s premises, he or she shall show the retail price of that specific tyre and separately the cost imposed in accordance with paragraph (1) and shall include the following wording — “Included in this price is a statutory contribution to recycling costs”,

• (b) on a website or other electronic means of communication used by a producer or retailer, he or she shall, at each point where the retail price is quoted or, as appropriate, the ordering and financial transaction confirming the purchase of such a tyre is undertaken, show the retail price of that specific tyre and separately the cost imposed in accordance with paragraph (1) and shall include the following wording —“Included in this price is a statutory contribution to recycling costs”,

• (c) in a producer’s or retailer’s catalogues, brochures or, as appropriate, direct mail communications, where a retail price is quoted, he or she shall include the following wording in letters not less than 2mm high — “Included in these prices is a statutory contribution to recycling costs”, or

• (d) in any advertisement containing the retail price of a tyre, the producer or retailer concerned shall include the following wording in letters not less than 2mm high — “Included in these prices is a statutory contribution to recycling costs”,

Amount of Environmental Management Cost

• (2) The Minister may amend the costs in the Eighth Schedule where it appears to him/her that the cost is insufficient to cover or is exceeding the cost of managing tyres in an environmentally sound manner.

PART IX ENFORCEMENT

Functions of Local Authorities

Functions of the Environmental Protection Agency

PART X MISCELLANEOUS

Offences

• (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 committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (3) Where the affairs of a body corporate are managed by its members, paragraph (2) 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.

Prosecutions and Penalties

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

• (2) Notwithstanding paragraph (1), the supplier concerned shall ensure the environmentally sound management of waste tyres.

Revocation

• (2) The revocation of Waste Management (Tyres and Waste Tyres) Regulations 2007 does not affect liability under Waste Management (Tyres and Waste Tyres) Regulations 2007 ( S.I. No. 664 of 2007 ) for any offences committed before the date of commencement of these Regulations.

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

PART 1 Information to be provided for the purpose of registration with a registration body

PART 2 Information to be submitted for reporting to registration body

PART 3 Information to be provided when applying for membership of an approved body

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

PART 1 Information to be provided for the purpose of application to an approved body

PART 2 Information to be provided for the purposes of reporting to an approved body