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S.I. No. 664 of 2007
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WASTE MANAGEMENT (TYRES AND WASTE TYRES) REGULATIONS
2007
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INDEX
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PART I
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PRELIMINARY AND GENERAL
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1.
Citation and commencement
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2.
Interpretation.
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3.
Scope.
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PART II
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PRODUCER RESPONSIBILITY OBLIGATIONS
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4.
Registration and certification of producers.
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5.
Application for registration or renewal of registration by producers.
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6.
Producers’ records and information.
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7.
Producers’ waste management plans and reports.
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PART III
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SUPPLIER RESPONSIBILITY OBLIGATIONS
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8.
Registration and certification of suppliers.
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9.
Application for registration or renewal of registration by suppliers.
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10.
Suppliers’ records and information.
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11.
Suppliers’ waste management plans and reports.
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12.
Management of waste tyres by suppliers.
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PART IV
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WASTE COLLECTOR RESPONSIBILITY OBLIGATIONS
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13.
Registration and certification of waste collectors.
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14.
Application for registration or renewal of registration by waste collectors.
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15.
Waste collectors’ records and information.
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16.
Waste collectors’ waste management plans and reports.
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17.
Management of waste tyres by authorised waste collectors.
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18.
Record keeping in relation to the recovery of waste tyres.
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PART V
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RECOVERY OPERATOR OBLIGATIONS
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19.
Recovery operators’ records and information.
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PART VI
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FARMER RESPONSIBILITY OBLIGATIONS
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20.
Prohibition on the storage of waste tyres by farmers.
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21.
Registration and certification of farmers.
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22.
Application for registration or renewal of registration of farmers.
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23.
Management of waste tyres by farmers.
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24.
Management of historic waste tyres by farmers.
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PART VII
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APPROVED BODIES
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25.
Exemption from certain requirements.
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26.
Application to the Minister for approval.
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27.
Grant or refusal of approval.
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28.
Review and revocation of approval.
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29.
Use of logo adopted by an approved body.
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30.
Notifications to local authorities.
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PART VIII
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FUNCTIONS OF LOCAL AUTHORITIES
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31.
Enforcement.
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32.
Registration of producers, suppliers, authorised waste collectors and
farmers.
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PART IX
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MISCELLANEOUS
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33.
Non-application of section 39(1) of the Act.
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FIRST SCHEDULE
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CATEGORIES OF TYRES
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SECOND SCHEDULE
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INFORMATION TO BE COMPILED AND PROVIDED BY PRODUCERS
WHEN COMPLYING WITH THE PROVISIONS OF PART II OF THESE REGULATIONS
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THIRD SCHEDULE
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REQUIREMENTS REGARDING NOTICES IN ACCORDANCE WITH
ARTICLES 7(1), 12(1)(b), 16(1) and 25(1)(b).
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FOURTH SCHEDULE
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INFORMATION TO BE COMPILED AND PROVIDED BY SUPPLIERS
WHEN COMPLYING WITH THE PROVISIONS OF PART III OF THESE REGULATIONS
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FIFTH SCHEDULE
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INFORMATION TO BE COMPILED AND PROVIDED BY AUTHORISED
WASTE COLLECTORS WHEN COMPLYING WITH THE PROVISIONS OF PART IV OF THESE
REGULATIONS
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SIXTH SCHEDULE
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INFORMATION TO BE COMPILED AND PROVIDED BY RECOVERY
OPERATORS WHEN COMPLYING WITH THE PROVISIONS OF PART V OF THESE REGULATIONS
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SEVENTH SCHEDULE
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INFORMATION TO BE COMPILED AND PROVIDED BY FARMERS WHEN
COMPLYING WITH THE PROVISIONS OF PART VI OF THESE REGULATIONS
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S.I. No. 664 of 2007
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WASTE MANAGEMENT (TYRES AND WASTE TYRES) REGULATIONS
2007
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Notice of the making of this Statutory Instrument was
published in
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“Iris
Oifigiúil” of
5th October, 2007.
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The
Minister for the Environment, Heritage and Local Government, in exercise of
the powers conferred on him by sections 7, 18, 19, 27, 28, 29, 32, 34, 36
and 39 of the Waste Management Acts 1996 to 2007 hereby makes the following
Regulations—
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PART I PRELIMINARY AND GENERAL
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Citation
and commencement
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1.
(1) These Regulations may be cited as the Waste Management (Tyres and Waste
Tyres) Regulations 2007.
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(2) These Regulations shall come into operation on 1
January 2008.
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Interpretation
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2.
(1) In these Regulations, any reference to a Schedule, Part or article which
is not otherwise identified is a reference to a Schedule, Part or article of
these Regulations.
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(2) In these Regulations, any reference to a sub-article
or paragraph which is not otherwise identified is a reference to the
sub-article or paragraph of the provision in which the reference occurs.
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(3) In these Regulations, save where the context
otherwise requires—
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“the Act” means the Waste Management Acts 1996
to 2007;
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“the Waste Management Acts 1996 to 2007” mean
the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste
Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection
of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management
(Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of
2005) and the Waste Management (Environment Levy) (Plastic Bag) Order 2007 (
S.I. No. 62 of 2007 );
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“waste tyre” means a tyre which is waste in
accordance with the meaning of section 4(1)(a) of the Act;
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“the Agency” means the Environmental Protection
Agency established under section 19 of the Environmental Protection Agency Acts
1992 and 2003;
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“approved body” means a body corporate approved
by the Minister in accordance with the provisions of Part VII of these
Regulations;
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“the Companies Acts” means the Companies Acts
1963 to 2001 and every other enactment which is to be read together with any
of those Acts;
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“the Environmental Protection Agency Acts 1992
and 2003” means the Environmental Protection Agency Act 1992 (No. 7 of 1992)
as amended by Part 2 of the Protection of the Environment Act 2003 (No. 27
of 2003);
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“authorised waste collector” means a holder of
a waste collection permit that is in force and which allows for the
collection of waste tyres;
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“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. 2658/87 1 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;
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“Certificate of Registration” and “Certificate
of Renewal of Registration” means a certificate issued for the purposes of
these Regulations and which does not provide any exemption from the
provisions of other regulations made under the Act, unless specifically
provided for in these Regulations;
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“environmentally sound management of waste
tyres” means the collection, storage, treatment and recovery or, as
appropriate, disposal of waste tyres in a manner which would not endanger
human health or harm the environment, and in particular would not—
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(i) create a risk to waters, the atmosphere, land, soil,
plants or animals,
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(ii)
adversely affect the visual impact on the landscape,
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(iii)
pose a fire risk by virtue of the manner in which the waste tyres are being
stored or, as appropriate,
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(iv)
be mixed with other waste streams when stored;
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“the Minister” means the Minister for the
Environment, Heritage and Local Government;
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“farmer” means a person who derives his
livelihood from the pursuit of agriculture;
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“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;
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“producer” means any person who, irrespective
of the selling technique used, including by means of distance communication—
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(i) manufactures and sells tyres under his or her own
brand,
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(ii)
resells tyres produced by other suppliers under his or her own brand,
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(iii)
retreads or remoulds tyres,
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(iv)
imports tyres on a professional basis into the State,
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(v)
exports waste tyres for the purposes of recovery, including reuse or, as
appropriate,
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(vi)
any person or persons who distributes from a producer who is deemed not to
be registered under the provisions of article 4(2)(b), tyres to
suppliers or any other person;
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“quarterly period” means each period of three
months beginning on the first day of January, April, July and October;
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“recovery operator” means a person engaged in
waste recovery or waste collection for the purposes of recovery including
reuse, subject to that person having obtained all necessary licences or
permits required under sections 34(1), 39(1) or 39(4) of the Act or, as
appropriate, under section 82(2) of the Environmental Protection Agency Acts
1992 and 2003;
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“relevant period” means the preceding calendar
year or, in the case of a first application for renewal of registration
under articles 5, 9 and 14 and, as appropriate, a first report under
articles 7, 11 and 16, the period since the initial application for registration
was made by the producer or supplier as appropriate;
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“retailer” means a person who for the purpose
of trade or otherwise in the course of business sells or otherwise supplies
tyres to other persons;
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“reuse” means the use of a waste tyre, either
for the same purpose or, as appropriate, a different purpose without the
need for reprocessing;
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“silage pit” means a pit currently utilised for
the storage of silage, and where appropriate, has been constructed in
accordance with any guidance or, as appropriate, any regulations in force at
the time of its construction and maintained in accordance with the
provisions of any guidance issued or, as appropriate, regulations currently
in force with particular regard to farm building (AES)
specifications, health and safety, planning and development, and as
appropriate, pollution control;
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“supplier” means a person who, for the purpose
of trade or otherwise in the course of business as a manufacturer,
wholesaler, supplier, trader, or retailer, sells or otherwise supplies tyres
or, as appropriate, waste tyres to other persons;
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“supply” includes the supply of tyres or, as
appropriate, waste tyres for the purpose of trade or otherwise in the course
of business, providing in exchange for any consideration other than money or
giving as a prize or otherwise making a gift.
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Scope
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3.
(1) These Regulations, save where the context otherwise requires, shall
apply to tyres designed for, fitted to or, as appropriate, removed from any
mechanically propelled vehicle or vehicles and any trailer attached thereto
as set out in the First Schedule and falling within headings 4011 and
4012 of the CN code and in any guidance which the
Minister may issue from time to time.
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(2) Without prejudice to sub-article (1), these
Regulations shall not apply to tyres falling within subheadings 40113000,
40113010, 40113090, 40115000, 40121300, 40121310 and 40121390 of the CN code.
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PART II PRODUCER RESPONSIBILITY OBLIGATIONS
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Registration
and certification of producers
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4.
(1) Subject to the provisions of article 5, a producer shall apply for—
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(a)
registration to each local authority in whose functional area the producer
supplies or intends to supply tyres, not later than 1 February 2008 or the
date of commencement of business, whichever is the later, and
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(b)
renewal of registration to each local authority, not later than 31 January
in each year following initial registration, save only that a producer shall
not be required to make such application within six months of initial
registration.
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(2) A producer—
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(a)
who makes an application under sub-article (1) to a local authority shall be
registered by that authority provided that the requirements of article 5 are
complied with, and
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(b)
shall not be deemed to–
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(i) be registered until a Certificate of Registration has
issued by the local authority to which an application for registration was
submitted or, as appropriate,
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(ii)
have renewed his or her registration in respect of a specified period until
a Certificate of Renewal of Registration has issued by the local authority
to which an application for renewal of registration was submitted.
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Application
for registration or renewal of registration by producers
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5.
(1) An application for—
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(a)
registration in accordance with the provisions of article 4 shall be made in
writing in such form as may be specified by the relevant local authority,
shall contain at least the information set out in Part 1 of the Second
Schedule and shall be accompanied by a copy of the plan required to be
prepared under article 7(1).
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(b)
renewal of registration in accordance with the provisions of article 4 shall
be made in writing, in such form as may be specified by the relevant local
authority, shall contain at least the information set out in Part 2 of the Second
Schedule in respect of the relevant period and shall be accompanied by a
copy of the plan required to be prepared under article 7(1) and the report
required to be prepared under article 7(2).
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(2) An application for registration in accordance with
the provisions of sub-article (1)(a), or for renewal of registration
under sub-article (1)(b), shall be accompanied by a—
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(a)
fee equivalent to €25 per tonne of tyres which in the case of—
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(i) an initial registration, where business has been
carried on by the applicant in the functional area of the local authority
for a period of twelve months or more immediately prior to application, was
supplied by the applicant in the twelve month period prior to the date of
registration,
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(ii)
an initial registration, where business has not been carried on by the
applicant in the functional area of the local authority for a period of
twelve months or more immediately prior to application, is likely to be
supplied by the applicant in the twelve month period subsequent to the date
of application for registration,
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(iii)
a renewal of registration, was supplied by the applicant in the functional
area of the local authority in the period since initial registration or last
preceding renewal of registration as the case may be,
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save that the amount of the fee shall not be
less than €750, and
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(b)
a certificate from an independent person who is qualified at the time of the
application for registration or for renewal of registration to be appointed,
or continue to be, the auditor of the producer if that producer is a
company, or if the producer is not a company, would be qualified to be
auditor if the producer were a company, confirming the quantities of tyres
supplied by the producer in the preceding twelve month period, or as the
case may be, if the producer is a new entrant to the market then the
projected quantities of tyres to be supplied for the first twelve months of
that producer’s activities in the functional area of the local authority
concerned.
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(3) The Minister may, no earlier than 1 January 2009,
from time to time review and make an order, amending sub-article (2) by
substituting for the amounts standing specified in that sub-article for the
time being greater amounts.
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(4) A producer shall notify the relevant local authority
of any changes to the information provided in, as the case may be, an
application for registration or the last preceding application for renewal
of registration.
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Producers’
records and information
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6.
(1) On and from 1 January 2008, or the date of commencement of business,
whichever is the later, a producer shall, within ten days of the end of each
quarterly period, compile and submit to each local authority in whose
functional area tyres are supplied to suppliers the information set out in
any guidance which the Minister may issue from time to time.
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(2) It shall be the responsibility of the relevant
producer to retain, for a period of seven years after the end of the period
in question, such records as are necessary to verify the accuracy of
information compiled and submitted in accordance with sub-article (1).
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(3) Notwithstanding sub-article (2), a producer shall,
by 28 February of each year, in respect of the previous calendar year ending
31 December, compile and submit to the Agency the information set out in
Part 3 of the Second Schedule.
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Producers’
waste management plans and reports
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7.
(1) A producer shall not later than the date on which application for—
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(a)
registration or renewal of registration is made in accordance with the
provisions of article 4—
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(i) prepare a plan in accordance with Part 4 of the Second
Schedule, specifying the steps to be undertaken by the said producer in
order to comply with the requirements of these Regulations, and
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(ii)
fix and maintain, in a conspicuous position at or within one metre of each
entrance to each of his or her premises a notice complying with the
requirements specified in Part 1 of the Third Schedule.
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(b)
renewal of registration is made in accordance with the provisions of article
4—
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(i) prepare a report specifying the steps taken by the
said producer in order to comply with the requirements of these Regulations
in the relevant period, and the results of those steps, and
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(ii)
fix and maintain, in a conspicuous position at or within one metre of each
entrance to each of his or her premises a notice complying with the
requirements specified in Part 2 of the Third Schedule.
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(2) A report under sub-article (1)(b) shall
contain at least the information set out in Part 5 of the Second Schedule.
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(3) A copy of a plan or report prepared for the purpose
of this article shall—
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(a)
not later than the date on which application for registration or, as
appropriate, renewal of registration in accordance with the provisions of
article 5 is made, be sent to the persons specified in Part 6 of the Second
Schedule, and
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(b)
be made available, free of charge, by the producer concerned to any person
who so requests.
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(4) For the purpose of this article, “made available”
includes sending the plan or report, as the case may be, by post, fax or
electronic mail to a person who so requests.
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PART III SUPPLIER RESPONSIBILITY OBLIGATIONS
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Registration
and certification of suppliers
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8.
(1) Subject to the provisions of article 9, a supplier shall, in respect of
each premises from which he or she, supplies tyres, or, as appropriate, uses
for the storage of tyres prior to their distribution apply for—
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(a)
registration to each local authority in whose functional area the supplier
supplies or intends to supply tyres, not later than 1 February 2008 or the
date of commencement of business, whichever is the later, and
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(b)
renewal of registration to each such local authority, not later than 31
January in each year following initial registration, save only that a
supplier shall not be required to make such application within six months of
initial registration.
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(2) A supplier—
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(a)
who makes an application under sub-article (1) to a local authority shall be
registered by that authority provided that the requirements of article 9 are
complied with, and
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(b)
shall not be deemed to—
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(i) be registered until a Certificate of Registration has
issued by the local authority to which an application for registration was
submitted or, as appropriate,
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(ii)
have renewed his or her registration in respect of a specified period until
a Certificate of Renewal of Registration has issued by the local authority
to which an application for renewal of registration was submitted.
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Application
for registration or renewal of registration by suppliers
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9.
(1) An application for—
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(a)
registration in accordance with the provisions of article 8 shall be made in
writing in such form as may be specified by the relevant local authority,
shall contain at least the information set out in Part 1 of the Fourth
Schedule and shall be accompanied by a copy of the plan required to be
prepared under article 11(1),
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(b)
renewal of registration in accordance with the provisions of article 8 shall
be made in writing, in such form as may be specified by the relevant local
authority, shall contain at least the information set out in Part 2 of the Fourth
Schedule in respect of the relevant period and shall be accompanied by a
copy of the plan required to be prepared under article 11(1) and the report
required to be prepared under article 11(2).
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(2) An application for registration under sub-article
(1)(a), or for renewal of registration under sub-article (1)(b),
shall be accompanied by a—
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(a)
fee of €100, and
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(b)
a certificate from an independent person who is qualified at the time of the
application for registration or for renewal of registration to be appointed,
or continue to be, the auditor of the supplier if that supplier is a
company, or if the supplier is not a company, would be qualified to be
auditor if the supplier were a company, confirming the quantities of tyres
supplied by the supplier from the premises concerned in the preceding twelve
month period, or as the case may be, if the supplier is a new entrant to the
market then the projected quantities of tyres to be supplied from the
premises concerned for the first twelve months of that supplier’s
activities.
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(3) The Minister may, no earlier than 1 January 2009,
from time to time review and make an order, amending sub-article (2) by
substituting for the amount standing specified in that sub-article for the
time being a greater amount.
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(4) A supplier shall notify the relevant local authority
of any changes to the information provided in, as the case may be, an
application for registration or the last preceding application for renewal
of registration.
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Suppliers’
records and information
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10.
(1) On and from 1 January 2008, or the date of commencement of business,
whichever is the later, a supplier shall, within ten days of the end of each
quarterly period, compile and submit to each local authority in whose
functional area tyres are supplied the information set out in any guidance
which the Minister may issue from time to time.
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(2) It shall be the responsibility of the relevant
supplier to retain, for a period of seven years after the end of the period
in question, such records as are necessary to verify the accuracy of
information compiled and submitted in accordance with sub-article (1).
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(3) Notwithstanding sub-article (2), a supplier shall,
by 28 February of each year, in respect of the previous calendar year ending
31 December, compile and submit to the Agency the information set out in
Part 3 of the Fourth Schedule.
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Suppliers’
waste management plans and reports
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11.
(1) A supplier shall, not later than the date on which application for—
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(a)
registration or renewal of registration is made in accordance with the
provisions of article 9, prepare a plan in accordance with Part 4 of the Fourth
Schedule, specifying the steps to be undertaken by the said supplier in
order to comply with the requirements of these Regulations, and
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(b)
renewal of registration is made in accordance with the provisions of article
9, prepare a report specifying the steps taken by the said supplier in order
to comply with the requirements of these Regulations in the relevant period,
and the results of those steps.
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(2) A report under sub-article (1)(b) shall
contain at least the information set out in Part 5 of the Fourth Schedule.
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(3) A copy of a plan or report prepared for the purpose
of this article shall not later than the date on which application for
registration or, as appropriate, renewal of registration in accordance with
the provisions of article 9 is made, be sent to the persons specified in
Part 6 of the Fourth Schedule.
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Management
of waste tyres by suppliers
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|
12.
(1) On and from the commencement date of these Regulations, each supplier—
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|
(a)
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—
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|
|
(i) registered with a local authority in accordance with
the provisions of Part IV of these Regulations or, as appropriate,
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|
(ii)
acting on behalf of, or participating in a satisfactory manner in an
approved body established in accordance with the provisions of Part VII of
these Regulations or its representative,
|
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|
(b)
who, following the supply of replacement tyres, does not take back waste
tyres from customers shall—
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|
(i) fix and maintain outside any premises concerned, in a
conspicuous position at or within one metre of each entrance to each of his
or her premises a notice complying with the requirements specified in Part 3
of the Third Schedule, and
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|
(ii)
inform any potential customer, both orally and in writing, prior to the
acceptance of an order to supply replacement tyres that waste tyres are not
accepted and that “the registered owner of the vehicle from which waste
tyres arise is responsible for their disposal in an environmentally sound
manner”, that “waste tyres can only be transferred to an authorised waste
collector or recovery operator”, and that “the dumping and burning of tyres
is an offence” or, as appropriate,
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|
(c)
who, in the course of the supply of replacement tyres, does not take back
waste tyres from customers, or has a customer who chooses to retain waste
tyres shall—
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|
(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 supplier’s premises is situated, and
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|
(ii)
record in respect of each customer concerned the information set out in any
guidance which the Minister may issue from time to time a copy of which
shall, in accordance with the provisions of article 10(1), be submitted to
the local authority in whose functional area the replacement tyres are supplied
within ten days of the end of the quarterly period in which the replacement
tyres concerned were supplied.
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|
(2) Notwithstanding sub-articles (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–
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|
(a)
an authorised waste collector or recovery operator or, as appropriate,
|
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|
(b)
a local authority providing a service for the collection and, as
appropriate, environmentally sound management of waste tyres.
|
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PART IV WASTE COLLECTOR RESPONSIBILITY OBLIGATIONS
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Registration
and certification of waste collectors
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13.
(1) Subject to the provisions of article 14, an authorised waste collector
shall, in respect of his or her place of business, and as appropriate, each
premises which he or she uses for the storage of waste tyres, apply for—
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|
(a)
registration to each local authority in whose functional area the authorised
waste collector collects or intends to collect waste tyres, not later than 1
February 2008 or the date of commencement of business, whichever is the
later, and
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|
(b)
renewal of registration to each such local authority, not later than 31
January in each year following initial registration, save only that an
authorised waste collector shall not be required to make such application
within six months of initial registration.
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|
(2) An authorised waste collector—
|
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|
(a)
who makes an application under sub-article (1) to a local authority shall be
registered by that authority provided that the requirements of article 14
are complied with, and
|
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|
(b)
shall not be deemed to–
|
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|
(i) be registered until a Certificate of Registration has
issued by the local authority to which an application for registration was
submitted or, as appropriate,
|
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|
(ii)
have renewed his or her registration in respect of a specified period until
a Certificate of Renewal of Registration has issued by the local authority
to which an application for renewal of registration was submitted.
|
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Application
for registration or renewal of registration by waste collectors
|
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|
14.
(1) An application for—
|
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|
(a)
registration in accordance with the provisions of article 13 shall be made
in writing in such form as may be specified by the relevant local authority,
shall contain at least the information set out in Part 1 of the Fifth
Schedule and shall be accompanied by a copy of the plan required to be
prepared under article 16(1),
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|
(b)
renewal of registration in accordance with the provisions of article 13
shall be made in writing, in such form as may be specified by the relevant
local authority, shall contain at least the information set out in Part 2 of
the Fifth Schedule in respect of the relevant period and shall be
accompanied by a copy of the plan required to be prepared under article
16(1) and the report required to be prepared under article 16(2).
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|
(2) An application for registration under sub-article
(1)(a), or for renewal of registration under sub-article (1)(b)
shall be accompanied by a—
|
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(a)
fee of €100, and
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|
(b)
a certificate from an independent person who is qualified at the time of the
application for registration or for renewal of registration to be appointed,
or continue to be, the auditor of the authorised waste collector if that
authorised waste collector is a company, or if the authorised waste
collector is not a company, would be qualified to be auditor if the
authorised waste collector were a company, confirming the quantities of
tyres collected by the authorised waste collector in the preceding twelve month
period, or as the case may be, if the authorised waste collector is a new
entrant to the market then the projected quantities of tyres to be collected
for the first twelve months of that authorised waste collector’s activities.
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|
(3) The Minister may, no earlier than 1 January 2009,
from time to time review and make an order, amending sub-article (2) by
substituting for the amount standing specified in that sub-article for the
time being a greater amount.
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|
(4) An authorised waste collector shall notify the
relevant local authority of any changes to the information provided in, as
the case may be, an application for registration or the last preceding
application for renewal of registration.
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|
Waste
collectors’ records and information
|
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|
15.
(1) On and from 1 January 2008, or the date of commencement of business,
whichever is the later, an authorised waste collector shall, within ten days
of the end of each quarterly period compile and submit to each local
authority in whose functional area tyres are collected the information set
out in any guidance which the Minister may issue from time to time.
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(2) It shall be the responsibility of the relevant
authorised waste collector to retain, for a period of seven years after the
end of the period in question, such records as are necessary to verify the
accuracy of information compiled and submitted in accordance with
sub-article (1).
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Waste
collectors’ waste management plans and reports
|
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|
16.
(1) An authorised waste collector shall not later than the date on which
application for—
|
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|
(a)
registration or renewal of registration is made in accordance with the
provisions of article 13—
|
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|
(i) prepare a plan in accordance with Part 3 of the Fifth
Schedule, specifying the steps to be undertaken by the said authorised
waste collector in order to comply with the requirements of these
Regulations, and
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|
(ii)
fix and maintain, in a conspicuous position at or within one metre of each
entrance to each of his or her premises a notice complying with the
requirements specified in Part 4 of the Third Schedule,
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|
(b)
renewal of registration is made in accordance with the provisions of article
13—
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|
(i) prepare a report specifying the steps taken by said
authorised waste collector in order to comply with the requirements of these
Regulations in the relevant period, and the results of those steps, and
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|
(ii)
fix and maintain, in a conspicuous position at or within one metre of each
entrance to each of his or her premises a notice complying with the
requirements specified in Part 5 of the Third Schedule.
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|
(2) A report under sub-article (1)(b) shall
contain at least the information set out in Part 4 of the Fifth Schedule.
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|
(3) A copy of a plan or report prepared for the purpose
of this article shall—
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|
(a)
not later than the date on which application for registration or, as
appropriate, renewal of registration in accordance with the provisions of
article 5 is made, be sent to the persons specified in Part 5 of the Fifth
Schedule, and
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|
(b)
be made available, free of charge, by the authorised waste collector
concerned to any person who so requests.
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|
(4) For the purpose of this article, “made available”
includes sending the plan or report, as the case may be, by post, fax or
electronic mail to a person who so requests.
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|
Management
of waste tyres by authorised waste collectors
|
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|
17.
(1) 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—
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|
(a)
an authorised waste collector who is—
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|
(i) registered with a local authority in accordance with
the provisions of Part IV, or
|
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|
(ii)
a member of an approved body established in accordance with the provisions
of Part VII
|
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|
of these Regulations or, as appropriate,
|
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|
(b)
a recovery operator.
|
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|
(2) Notwithstanding sub-article (1), an authorised waste
collector may supply waste tyres to—
|
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|
(a)
a farmer subject to the provisions of Part VI of these Regulations or, as
appropriate,
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|
(b)
any person, subject to the approval of the local authority in whose
functional area the person concerned intends to use the waste tyres and
provided that it can be demonstrated to the satisfaction of the local
authority concerned that such waste tyres will be—
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|
(i) utilised for genuine reuse,
|
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|
(ii)
stored in accordance with regulations made under the provisions of section
39 of the Act, and
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|
(iii)
managed in an environmentally sound manner.
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|
(3) An authorised waste collector, who supplies, or who
intends to supply waste tyres to a farmer shall be prohibited from supplying
any number of waste tyres that will cause the quantity specified in article
23(1)(a) to be exceeded.
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|
(4) Without prejudice to sub-article (3), each time an
authorised waste collector intends to supply a consignment of waste tyres
under sub-article (2)(a), he or she shall satisfy himself or herself
that the number of waste tyres currently in the possession of the farmer concerned
together with the quantity it is intended to supply does not exceed the
quantity stated in article 23(1)(a).
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|
Record
keeping in relation to the recovery of waste tyres
|
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|
18.
(1) On and from the commencement date of these Regulations, or the date of
commencement of business, whichever is the later, an authorised waste
collector who deposits waste tyres with a recovery operator, shall obtain
from the recovery operator concerned a Certificate of Recovery.
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|
(2) Records obtained pursuant to sub-article (1) shall
be—
|
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|
(a)
retained at an address in the State by the authorised waste collector
concerned for a period of at least seven years, starting from the end of the
year in which they were drawn up, and
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|
(b)
made available to the Agency, a local authority or, as appropriate, an
appropriate agency on request within a specified period or by a specified
date.
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|
(3) Notwithstanding sub-article (2), an authorised waste
collector shall, by 28 February of each year, in respect of the previous
calendar year ending 31 December, compile and submit to the Agency the
information set out in Part 6 of the Fifth Schedule.
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|
PART V RECOVERY OPERATOR OBLIGATIONS
|
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|
Recovery
operators’ records and information
|
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|
|
19.
(1) On and from the commencement date of these Regulations, or the date of
commencement of business, whichever is the later, a recovery operator shall—
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|
(a)
retain at an address in the State for a period of at least seven years,
starting from the end of the year in which they were drawn up, all records
relating to the deposit, reuse, recovery or, as appropriate, recycling of
waste tyres, and
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|
(b)
provide—
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|
|
(i) a Certificate of Recovery, as set out in any guidance
which the Minister may issue from time to time, to any person depositing
waste tyres at his or her premises, and
|
|
|
|
(ii)
by 28 February of each year, in respect of the previous calendar year ending
31 December, compile and submit to the Agency the information set out in the
Sixth Schedule.
|
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|
|
(2) Notwithstanding sub-article (1), all—
|
|
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|
(a)
records maintained in accordance with the provisions of sub-article (1)(a)
shall be based on the completion in each quarterly period of at least one
verifiable characterisation study undertaken by the recovery operator
concerned or by a third party acting on his or her behalf as set out in any
guidance which the Minister may issue from time to time, and
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|
(b)
information provided to authorised waste collectors shall be based on the
latest characterisation study referred to in paragraph (a).
|
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|
(3) Without prejudice to sub-article (2), a
characterisation study need not be undertaken by a recovery operator who
does not recover separate materials from waste tyres.
|
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|
PART VI FARMER RESPONSIBILITY OBLIGATIONS
|
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|
Prohibition
on the storage of waste tyres by farmers
|
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|
20.
(1) On and from the commencement date of these Regulations, a farmer shall
be prohibited from storing waste tyres, other than the temporary storage of
waste tyres provided that such waste tyres are incidental to the business
activities of the farmer concerned and are commensurate in quantity and type
with the tyres in possession of the farmer on any—
|
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|
(a)
mechanically propelled vehicle or vehicles,
|
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|
(b)
trailer or trailers or, as appropriate,
|
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|
(c)
machinery,
|
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|
|
in possession of the farmer concerned.
|
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|
|
(2) Notwithstanding sub-article (1), on and from the
commencement date of these Regulations, a farmer who is the owner or person
in charge of a—
|
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|
|
(a)
herd, to whom a herd number or, as appropriate,
|
|
|
|
(b)
flock, to whom a flock number,
|
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|
|
is for the time being allocated by an officer
of the Minister for Agriculture, Fisheries and Food, may, subject to the
provisions of article 23, store and use waste tyres for the purposes of
anchoring silage covering.
|
|
|
|
(3) Notwithstanding sub-article (2), any farmer who uses
or intends to store and use waste tyres for the purposes of anchoring silage
covering shall be required to be registered with a local authority in
accordance with the provisions of article 21, or an approved body
established in accordance with the provisions of Part VII of these
Regulations.
|
|
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|
Registration
and certification of farmers
|
|
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|
21.
(1) Subject to the provisions of sub-article (2), any farmer, who uses or
intends to store and use waste tyres supplied to him or her by any person or
persons, other than an authorised waste collector who is a member of an
approved body established in accordance with the provisions of Part VII, for
the purposes of anchoring silage covering, shall apply for—
|
|
|
|
(a)
registration to each local authority in whose functional area the farmer
concerned uses or intends to store and use waste tyres for the purposes of
anchoring silage covering, not later than 1 February 2008 or the date of
commencement of business, whichever is the later, and
|
|
|
|
(b)
renewal of registration to each such local authority, not later than 31
January in each year following initial registration, save only that a farmer
shall not be required to make such application within six months of initial
registration.
|
|
|
|
(2) A farmer—
|
|
|
|
(a)
who makes an application under sub-article (1) to a local authority shall be
registered by that authority provided that the requirements of article 22
are complied with, and
|
|
|
|
(b)
shall not be deemed to–
|
|
|
|
(i) be registered until a Certificate of Registration has
issued by the local authority to which an application for registration was
submitted or, as appropriate,
|
|
|
|
(ii)
have renewed his or her registration in respect of a specified period until
a Certificate of Renewal of Registration has issued by the local authority
to which an application for renewal of registration was submitted.
|
|
|
|
(3) Without prejudice to sub-article (1), a farmer whose
farm is in the functional area of more than one local authority, shall be
obliged to register only with the local authority in whose functional area
the larger or largest part of his farm is situated in.
|
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|
(4) Without prejudice to sub-articles (1) and (2) an
application for registration or renewal of registration in accordance with
the provisions of this article may be submitted by the authorised waste
collector who supplies or intends to supply the farmer concerned with waste
tyres for the purposes of anchoring silage covering.
|
|
|
|
Application
for registration or renewal of registration of farmers
|
|
|
|
22.
(1) An application for registration or renewal of registration in accordance
with the provisions of article 21 shall be made in writing in such form as
may be specified by the relevant local authority.
|
|
|
|
(2) An application for registration or for renewal of
registration under sub-article (1) shall be accompanied by a fee of €20.
|
|
|
|
(3) The Minister may, no earlier than 1 January 2009,
from time to time review and make an order, amending sub-article (2) by
substituting for the amount standing specified in that sub-article for the
time being a greater amount.
|
|
|
|
(4) A farmer shall notify the relevant local authority
of any changes to the information provided in, as the case may be, an
application for registration or the last preceding application for renewal
of registration.
|
|
|
|
Management
of waste tyres by farmers
|
|
|
|
23.
(1) On and from the commencement date of these Regulations, or the date of
commencement of business, whichever is the later, a farmer—
|
|
|
|
(a)
who is the owner or person in charge of a herd or, as appropriate, a flock
to whom a herd number or, as appropriate, a flock number is for the time
being allocated by an officer of the Minister for Agriculture, Fisheries and
Food, and who is registered with a local authority in accordance with the
provisions of 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 eight tyres per square metre of any silage pit’s floor area or,
as appropriate,
|
|
|
|
(b)
shall, be prohibited from supplying waste tyres to any person or persons
other than—
|
|
|
|
(i) an authorised waste collector or recovery operator
or, as appropriate,
|
|
|
|
(ii)
a local authority providing a service for the collection or, as appropriate,
environmentally sound management of waste tyres.
|
|
|
|
(2) Notwithstanding sub-article (1), any farmer in
possession of waste tyres in excess of the quantity specified in article
20(1) or any farmer who is the owner or person in charge of a herd or, as
appropriate, a flock to whom a herd number or, as appropriate, a flock
number is for the time being allocated by an officer of the Minister for
Agriculture, Fisheries and Food, in possession of waste tyres in excess of
the quantity specified in sub-article (1)(a) shall, within twelve
calendar months of the date—
|
|
|
|
(a)
of commencement of these Regulations or, as appropriate,
|
|
|
|
(b)
a silage pit ceases to be utilised that results in him or her being in
possession of waste tyres in excess of the quantity specified in sub-article
(1)(a)
|
|
|
|
arrange for an authorised waste collector to
collect any tyres in excess of the quantity specified in article 20(1) or,
as appropriate, sub-article (1)(a).
|
|
|
|
Management
of historic waste tyres by farmers
|
|
|
|
24.
(1) Articles 20 to 23 inclusive, shall not apply in respect of any farmer
who is the owner or person in charge of a herd or, as appropriate, a flock
to whom a herd number or, as appropriate, a flock number is for the time
being allocated by an officer of the Minister for Agriculture, Fisheries and
Food, until the first movement of waste tyres onto or from the premises of
the farmer concerned following the commencement date of these Regulations.
|
|
|
|
(2) Notwithstanding sub-article (1), the farmer concerned
shall be obliged to ensure waste tyres on his or her premises are stored in
an environmentally sound manner including any manner which would not
endanger human health or harm the environment, and in particular would not—
|
|
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|
(a)
create a risk to waters, the atmosphere, land, soil, plants or animals,
|
|
|
|
(b)
adversely affect the visual impact on the landscape,
|
|
|
|
(c)
pose a fire risk by virtue of the manner in which the waste tyres are being
stored or, as appropriate,
|
|
|
|
(d)
be mixed with other waste streams when stored
|
|
|
|
PART VII APPROVED BODIES
|
|
|
|
Exemption
from certain requirements
|
|
|
|
25.
(1) Any producer, supplier, or authorised waste collector who holds a valid
certificate granted to him or her by an approved body stating that such
producer, supplier or, as appropriate, authorised waste collector is
participating, in a satisfactory manner, in a scheme for the environmentally
sound management of waste tyres shall—
|
|
|
|
(a)
be exempt from the requirements of articles 4, 5, 6, 7, 8, 9, 10, 11, 13,
14, 15, 16 and 18 unless and until such certification is revoked by the
approved body concerned or otherwise ceases to have effect, or approval
granted by the Minister to the body concerned is revoked in accordance with
the provisions of article 28, and
|
|
|
|
(b)
fix and maintain, in a conspicuous position at or within one metre of each
entrance to each of his or her premises a notice complying with the
requirements specified in Part 6 of the Third Schedule.
|
|
|
|
(2) Any farmer who is the owner or person in charge of
a—
|
|
|
|
(a)
herd, to whom a herd number or, as appropriate,
|
|
|
|
(b)
flock, to whom a flock number,
|
|
|
|
is for the time being allocated by an officer
of the Minister for Agriculture, Fisheries and Food, who is supplied waste
tyres by an authorised waste collector who holds a valid certificate granted
to him or her by an approved body stating that such authorised waste
collector is participating, in a satisfactory manner, in a scheme for the
environmentally sound management of waste tyres shall be exempt from the
requirements of articles 21 and 22.
|
|
|
|
Application
to the Minister for approval
|
|
|
|
26.
(1) A body corporate may apply to the Minister for approval for the purposes
of this Part.
|
|
|
|
(2) An application for approval in accordance with the
provisions of sub-article (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)
proposals relating to corporate governance,
|
|
|
|
(d)
proposals for representation of small and medium enterprises on the board of
the approved body together with the names and addresses in the State of the
officers of the body corporate and its board of directors,
|
|
|
|
(e)
a business plan in relation to the proposed scheme,
|
|
|
|
(f)
proposals for a contingency reserve,
|
|
|
|
(g)
proposals relating to co-operation with other approved bodies and individual
producers, suppliers or, as appropriate, authorised waste collectors who are
not eligible for the exemptions provided for in article 25 including
proposals in relation to the environmentally sound management of waste tyres
arising in the appropriate functional areas of all local authorities,
|
|
|
|
(h)
proposals for a scheme to be undertaken by the body corporate for the
environmentally sound management of waste tyres including proposals for a
Code of Practice for members participating in the scheme,
|
|
|
|
(i) proposals for the setting and achievement of
targets for the environmentally sound management of waste tyres under the
proposed scheme,
|
|
|
|
(j)
proposals for determining and verifying the level of the environmentally
sound management of waste tyres under the proposed scheme,
|
|
|
|
(k)
proposals for reconciliation and audit of information supplied by members,
|
|
|
|
(l)
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,
|
|
|
|
(m)
proposals for submitting information to local authorities or, as
appropriate, the Agency,
|
|
|
|
(n)
a copy of the rules of membership of the body corporate together with
details of the membership fee structure,
|
|
|
|
(o)
a—
|
|
|
|
(i) declaration that no producer, supplier or authorised
waste collector applying for membership will be discriminated against on the
grounds—
|
|
|
|
(A)
of the quantity or, as appropriate, type of tyres that he or she places on
the market or, as appropriate,
|
|
|
|
(B)
that the body concerned is only catering for or will only cater for—
|
|
|
|
(I)
a maximum pre-determined share of waste arisings
from tyres or, as appropriate,
|
|
|
|
(II)
waste arising from tyres from a particular geographical location or
locations,
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|
in the State, and
|
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|
(ii)
list of applications for membership—
|
|
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|
(A)
received,
|
|
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|
(B)
accepted, and
|
|
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|
(C)
rejected together with the grounds for rejection,
|
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|
(p)
proposals for the certification of producers, suppliers or, as appropriate,
authorised waste collectors for the purposes of article 21,
|
|
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|
(q)
proposals for the registration of farmers including the—
|
|
|
|
(i) reassignment of a farmer to another authorised waste
collector or, as appropriate,
|
|
|
|
(ii)
registration of a farmer with a local authority,
|
|
|
|
in the event of the revocation of a certificate
granted for the purposes of article 25 to an authorised waste collector who
deposited or removed waste tyres from the property of the farmer concerned,
|
|
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|
(r)
proposals relating to green procurement,
|
|
|
|
(s)
proposals relating to the dissemination of information to the public
regarding the environmentally sound management of waste tyres,
|
|
|
|
(t)
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,
|
|
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|
(u)
such other information as may be specified in writing by the Minister for
the purposes of this article.
|
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|
Grant
or refusal of approval
|
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|
27.
(1) Subject to sub-article (3), the Minister may, by notice in writing,
grant approval to a body corporate for the purposes of this Part, or may
refuse to grant such approval.
|
|
|
|
(2) Subject to article 28, an approval granted by the
Minister under this article shall be for a period of not less than five
years and not more than 10 years.
|
|
|
|
(3) An approval in accordance with the provisions of
sub-article (1) may be subject to such conditions as the Minister may
specify, including conditions relating to—
|
|
|
|
(a)
the articles of association of the body corporate,
|
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|
(b)
the appropriate certificate issued by the Companies Registration Office,
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|
(c)
corporate governance,
|
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|
(d)
the representation of small and medium enterprises on the board of the
approved body together with the names and addresses in the State of the
officers of the body corporate and its board of directors,
|
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|
|
(e)
the business plan,
|
|
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|
(f)
a contingency reserve,
|
|
|
|
(g)
co-operation with other approved bodies and individual producers, suppliers
or, as appropriate, authorised waste collectors who are not eligible for the
exemptions provided for in article 25 including proposals in relation to the
environmentally sound management of waste tyres arising in the appropriate
functional areas of all local authorities,
|
|
|
|
(h)
any aspects of the scheme to be undertaken by the body corporate for the
environmentally sound management of waste tyres including proposals for a
Code of Practice for members participating in the scheme,
|
|
|
|
(i) the setting and achievement of targets for the
environmentally sound management of waste tyres under the proposed scheme,
|
|
|
|
(j)
the determination and verification of the effects of measures to be
undertaken with regard to the environmentally sound management of waste
tyres,
|
|
|
|
(k)
the reconciliation and audit of information supplied by members,
|
|
|
|
(l)
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,
|
|
|
|
(m)
submitting information to local authorities or, as appropriate, the Agency,
|
|
|
|
(n)
the rules of membership of the body corporate and the membership fee
structure,
|
|
|
|
(o)
non-discrimination against any producer on the grounds—
|
|
|
|
(i) of the quantity or, as appropriate, type of tyres
that he or she places on the market or, as appropriate,
|
|
|
|
(ii)
that the body concerned is only catering for or will only cater for—
|
|
|
|
(A)
a maximum pre-determined share of waste arisings
from tyres or, as appropriate,
|
|
|
|
(B)
waste arising from tyres from a particular geographical location or
locations, in the State,
|
|
|
|
(p)
certification of producers, suppliers or, as appropriate, authorised waste
collectors for the purposes of article 25,
|
|
|
|
(q)
the registration of farmers including the—
|
|
|
|
(i) reassignment of a farmer to another authorised waste
collector or, as appropriate,
|
|
|
|
(ii)
registration of a farmer with a local authority,
|
|
|
|
in the event of the revocation of a certificate
granted for the purposes of article 25 to an authorised waste collector who
deposited or removed waste tyres from the property of the farmer concerned,
|
|
|
|
(r)
green procurement,
|
|
|
|
(s)
measures to be undertaken by the body concerned relating to the
dissemination of information to the public regarding the environmentally
sound management of waste tyres,
|
|
|
|
(t)
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,
|
|
|
|
(u)
any other matters the Minister may consider appropriate.
|
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|
|
(4) Without prejudice to sub-article (3), in the event
that an approved body—
|
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|
(a)
has its approval revoked in accordance with the provisions of article 28,
|
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|
(b)
goes into liquidation, examination or, receivership or, as appropriate,
|
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|
(c)
enters into a scheme of arrangement or compromise in accordance with the
provisions of section 201 of the Companies Acts,
|
|
|
|
the contingency reserve provided for in
sub-article (3)(f), 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.
|
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|
(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 article or add any new condition.
|
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|
Review
and revocation of approval
|
|
|
|
28.
(1) Subject to sub-article (2), where it appears to the Minister that—
|
|
|
|
(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, supplier or,
as appropriate, authorised waste collector 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 article 27, or require the approved body
to make a new application in accordance with the provisions of article 26
for a renewal of an approval.
|
|
|
|
(2) Where the Minister proposes to review an approval
granted in accordance with the provisions of article 27, or require the
making of a new application in accordance with the provisions of article 26,
the Minister shall—
|
|
|
|
(a)
give notice in writing to the approved body of the proposal and the reasons therefor,
|
|
|
|
(b)
specify a period of not less than four 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 article 26, as the case may
be, and
|
|
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|
(c)
consider any submission, or application so made.
|
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|
|
(3) Following the consideration of any submission or
application in accordance with sub-article (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 article 27, as the case
may be.
|
|
|
|
(4) Where an approval granted in accordance with the
provisions of article 27 is due to expire, the approved body concerned
shall—
|
|
|
|
(a)
not later than six months before the expiry of the approval, notify the
Minister whether or not it intends to continue or cease operating as an
approved body, or
|
|
|
|
(b)
if intending to continue to operate as an approved body, shall not later
than two months before the expiry of the approval, make an application to
the Minister in accordance with the provisions of said article 26.
|
|
|
|
(5) Subject to sub-article (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
article 27.
|
|
|
|
(6) Where the Minister proposes to revoke an approval
granted in accordance with the provisions of article 27, 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 four 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 article 27, the approved body concerned
shall transfer the registration of all farmers to—
|
|
|
|
(i) another body corporate granted an approval in
accordance with the provisions of article 27, or in the event of no approval
issuing to another body corporate,
|
|
|
|
(ii)
the local authorities in whose functional areas each farmer concerned stores
and uses waste tyres for the purposes of anchoring silage covering.
|
|
|
|
Use
of logo adopted by an approved body
|
|
|
|
29.
No person shall, other than with the written consent of an approved body,
display at any premises, or on or in, any product, packaging, advertisement
or notice, any logo or other mark or symbol designed and adopted by that
approved body for use by members certified by that approved body for the
purposes of article 25.
|
|
|
|
Notifications
to local authorities
|
|
|
|
30.
An approved body shall, not later than the seventh day of each month,—
|
|
|
|
(a)
notify each local authority of any producer, supplier or, as appropriate,
authorised waste collector in respect of which a certificate for the
purposes of article 25 has been granted or revoked within the preceding
calendar month,
|
|
|
|
(b)
notify the local authority concerned of any farmer who has been reassigned
to another authorised waste collector in the event of the revocation of a
certificate granted for the purposes of article 25 to an authorised waste
collector who deposited or removed waste tyres from the property of the
farmer concerned or, as appropriate,
|
|
|
|
(c)
transfer the registration of a farmer who has not been reassigned to an
alternative authorised waste collector in accordance with the provisions of
paragraph (b) to the local authority in whose functional area the
farmer concerned stores and uses waste tyres for the purposes of anchoring
silage covering.
|
|
|
|
PART VIII FUNCTIONS OF LOCAL AUTHORITIES
|
|
|
|
Enforcement
|
|
|
|
31.
Each local authority shall be responsible for the enforcement of the
provisions of these Regulations within their functional areas and shall take
such steps as are necessary for this purpose.
|
|
|
|
Registration
of producers, suppliers, authorised waste collectors and farmers
|
|
|
|
32.
(1) On and from the commencement date of these Regulations, each local
authority shall cause to be established and maintained a register (hereafter
in this Part referred to as ‘the register’) of producers, suppliers,
authorised waste collectors, and as appropriate, farmers within its
functional area,
|
|
|
|
(2) Each local authority shall be required to provide
for the maintenance of the register, and the inspection of each premises
registered therein.
|
|
|
|
PART IX MISCELLANEOUS
|
|
|
|
Non-application
of section 39(1) of the Act
|
|
|
|
33.
(1) On and from the commencement date of these Regulations, section 39(1) of
the Act shall not apply in respect of the temporary storage of waste tyres
at a place where tyres are supplied and where the quantities of waste tyres
being stored at any one time does not exceed 180 cubic metres of waste
tyres, provided they were replaced on a one-for-one basis by tyres of
equivalent type or which fulfilled the same functions as the replacement
tyres supplied to the customer, and—
|
|
|
|
(a)
that such a place is registered and inspected in accordance with the
provisions of article 32 or, as appropriate,
|
|
|
|
(b)
the supplier is participating in a satisfactory manner in an approved body
established in accordance with the provisions of Part VII of these
Regulations.
|
|
|
|
(2) Notwithstanding sub-article (1), the supplier
concerned shall be obliged to ensure waste tyres on his or her premises are
stored in an environmentally sound manner including any manner which would
not endanger human health or harm the environment, and in particular would
not—
|
|
|
|
(a)
create a risk to waters, the atmosphere, land, soil, plants or animals,
|
|
|
|
(b)
adversely affect the visual impact on the landscape,
|
|
|
|
(c)
pose a fire risk by virtue of the manner in which waste tyres are being
stored or, as appropriate,
|
|
|
|
(d)
be mixed with other waste streams when stored.
|
|
|
|
FIRST SCHEDULE CATEGORIES OF TYRES
|
|
|
|
1.
Pneumatic tyres of rubber, of a kind used on motor cars (including station
wagons and racing cars) other than tyres placed on the market as tyres in
category 6.
|
|
|
|
2.
Pneumatic tyres of rubber, of a kind used on buses or lorries other than
tyres placed on the market as tyres in category 6.
|
|
|
|
3.
Pneumatic tyres of rubber, of a kind used on motorcycles other than tyres
placed on the market as tyres in category 6.
|
|
|
|
4.
Pneumatic tyres of rubber, having a 'herring-bone' or similar tread other
than tyres placed on the market as tyres in category 6.
|
|
|
|
5.
Other pneumatic tyres of rubber, (Nes) other than
tyres placed on the market as tyres in category 6.
|
|
|
|
6. Retreaded or used pneumatic tyres of rubber; solid or
cushion tyres.
|
|
|
|
7.
Tyres other than in categories 1 to 6.
|
|
|
|
SECOND SCHEDULE INFORMATION TO BE COMPILED AND PROVIDED
BY PRODUCERS WHEN COMPLYING WITH THE PROVISIONS OF PART II OF THESE
REGULATIONS
|
|
|
|
PART 1 Information
to be provided by producers for the purpose of registration
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the producer where that
producer is a company registered under the Companies Acts, or, the principal
place of business of the producer where that producer is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres are or will be supplied by
the producer.
|
|
|
|
3.
The quantities by weight and by number of units of tyres that were placed on
the market in the calendar year prior to the date of application and
substantiated estimates of the projected average life of the tyres concerned
in each of the categories specified in the First Schedule.
|
|
|
|
4.
Name(s) and address(es) of owner(s).
|
|
|
|
PART 2 Information
to be provided by producers for the purpose of renewal of registration
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the producer where that
producer is a company registered under the Companies Acts, or, the principal
place of business of the producer where that producer is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres are supplied by the producer.
|
|
|
|
3.
The quantities by weight and by number of units of tyres that were placed on
the market in the calendar year prior to the date of application for renewal
and substantiated estimates of the projected average life of the tyres
concerned in each of the categories specified in the First Schedule.
|
|
|
|
PART 3 Information
to be provided in a report in accordance with the provisions of article 6(3)
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the producer where that
producer is a company registered under the Companies Acts, or, the principal
place of business of the producer where that producer is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres were supplied by the
producer.
|
|
|
|
3.
The quantities by weight and by number of units of tyres supplied by the
producer in the relevant period in each of the categories specified in the First
Schedule.
|
|
|
|
4.
The quantities by weight and by number of units of waste tyres arising from
tyres supplied by the producer in the relevant period in each of the
categories specified in the First Schedule.
|
|
|
|
5.
The quantities by weight and by number of units of waste tyres arising from
tyres supplied by the producer that were reused, recovered or, as
appropriate, recycled in the relevant period, in each of the categories
specified in the First Schedule.
|
|
|
|
6.
The quantities by weight and by number of units of waste tyres arising from
tyres supplied by the producer disposed of or consigned for disposal in each
of the categories specified in the First Schedule during the relevant
period, and the nature of the disposal operations involved.
|
|
|
|
PART 4 Information
to be provided in a plan in accordance with the provisions of article 7(1)
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the producer where that
producer is a company registered under the Companies Acts, or, the principal
place of business of the producer where that producer is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres are or will be supplied by
the producer.
|
|
|
|
3.
The quantities by weight and by number of units of tyres that were supplied
by the producer in the calendar year prior to the date of application and
substantiated estimates of the projected average life of the tyres concerned
in each of the categories specified in the First Schedule.
|
|
|
|
4.
The projected weight of waste tyres that will arise from tyres supplied by
the producer in the relevant period in each of the categories specified in
the First Schedule.
|
|
|
|
5.
The projected quantities by weight and by number of units of waste tyres
arising from tyres supplied by the producer that will be reused, recovered
or, as appropriate, recycled in the relevant period, in each of the
categories specified in the First Schedule.
|
|
|
|
6.
The projected quantities by weight and by number of units of waste tyres
arising from tyres supplied by the producer that will be disposed of or
consigned for disposal in each of the categories specified in the First
Schedule during the relevant period, and the proposed nature of the
disposal operations involved.
|
|
|
|
PART 5 Information
to be provided in a report in accordance with the provisions of article 7(2)
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the producer where that
producer is a company registered under the Companies Acts, or, the principal
place of business of the producer where that producer is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres were supplied by the
producer.
|
|
|
|
3.
The quantities by weight and by number of units of tyres supplied by the
producer in the relevant period in each of the categories specified in the First
Schedule.
|
|
|
|
4.
The quantities by weight and by number of units of waste tyres arising from
tyres supplied by the producer in the relevant period in each of the
categories specified in the First Schedule.
|
|
|
|
5.
The quantities by weight and by number of units of waste tyres arising from
tyres supplied by the producer that were reused, recovered or, as
appropriate, recycled in the relevant period, in each of the categories
specified in the First Schedule.
|
|
|
|
6.
The quantities by weight and by number of units of waste tyres arising from
tyres supplied by the producer that were disposed of or consigned for
disposal in each of the categories specified in the First Schedule
during the relevant period, and the nature of the disposal operations
involved.
|
|
|
|
PART 6 Persons to
be provided with a copy of any plan prepared in accordance with the
provisions of article 7(1) and 11(1) or, as appropriate, any report prepared
in accordance with the provisions of article 7(2) and 11(2)
|
|
|
|
1.
Each local authority.
|
|
|
|
2.
Any approved body established in accordance with the provisions of Part VII
of these Regulations.
|
|
|
|
3.
Any person or persons the Minister may direct from time to time.
|
|
|
|
THIRD SCHEDULE REQUIREMENTS REGARDING NOTICES IN
ACCORDANCE WITH ARTICLES 7(1), 12(1)(b), 16(1) and 25(1)(b).
|
|
|
|
PART 1 Requirements
regarding a notice in accordance with the provisions of article 7(1)(a).
|
|
|
|
A
notice for the purpose of article 7(1)(a) shall—
|
|
|
|
(a)
be not less in dimension than 40 centimetres in height and 30 centimetres in
width or 30 centimetres in height and 40 centimetres in width,
|
|
|
|
(b)
be so printed in black indelible ink with a times new roman font size of at
least 32 or equivalent and line space of at least 1.5 lines on a white
background and affixed, on a durable material, so as to be easily visible
and legible,
|
|
|
|
(c)
not be obscured or concealed at any time, and
|
|
|
|
(d)
state the following—
|
|
|
|
“
WASTE MANAGEMENT ACT 1996
|
|
|
|
A
plan specifying the steps to be taken by [name of producer] for the purpose
of recovering waste tyres is available at these premises or, if so
requested, will be sent by post, fax or electronic mail. ”
|
|
|
|
and
|
|
|
|
(e)
be affixed until the preparation of a subsequent report in accordance with
the provisions of article 7(1)(b).
|
|
|
|
PART 2 Requirements
regarding a notice in accordance with the provisions of article 7(1)(b).
|
|
|
|
A
notice for the purpose of article 7(1)(b) shall—
|
|
|
|
(a)
be not less in dimension than 40 centimetres in height and 30 centimetres in
width or 30 centimetres in height and 40 centimetres in width,
|
|
|
|
(b)
be so printed in black indelible ink with a times new roman font size of at
least 32 or equivalent and line space of at least 1.5 lines on a white
background and affixed, on a durable material, so as to be easily visible
and legible,
|
|
|
|
(c)
not be obscured or concealed at any time, and
|
|
|
|
(d)
state the following—
|
|
|
|
“
WASTE MANAGEMENT ACT 1996
|
|
|
|
A
report specifying the steps taken by [name of producer] for the purpose of
recovering waste tyres is available at these premises or, if so requested,
will be sent by post, fax or electronic mail. ”
|
|
|
|
PART 3 Requirements
regarding a notice in accordance with the provisions of article 12(1)(b)(i).
|
|
|
|
A
notice for the purpose of article 12(1)(b)(i)
shall—
|
|
|
|
(a)
be not less in dimension than 120 centimetres in height and 90 centimetres
in width or 90 centimetres in height and 120 centimetres in width,
|
|
|
|
(b)
be so printed in black indelible ink with a times new roman font size of at
least 96 or equivalent and line space of at least 1.5 lines on a yellow
background and affixed, on a durable material, so as to be easily visible
and legible,
|
|
|
|
(c)
not be obscured or concealed at any time, and
|
|
|
|
(d)
state the following—
|
|
|
|
“
WASTE MANAGEMENT ACT 1996
|
|
|
|
[Name
of supplier] does not take back waste tyres when supplying replacements.
Therefore the registered owner of the vehicle from which waste tyres arise
is responsible for their disposal in an environmentally sound manner.
|
|
|
|
Dumping
and burning of tyres is an offence. ”
|
|
|
|
PART 4 Requirements
regarding a notice in accordance with the provisions of article 16(1)(a).
|
|
|
|
A
notice for the purpose of article 16(1)(a) shall—
|
|
|
|
(a)
be not less in dimension than 40 centimetres in height and 30 centimetres in
width or 30 centimetres in height and 40 centimetres in width,
|
|
|
|
(b)
be so printed in black indelible ink with a times new roman font size of at
least 32 or equivalent and line space of at least 1.5 lines on a white
background and affixed, on a durable material, so as to be easily visible
and legible,
|
|
|
|
(c)
not be obscured or concealed at any time, and
|
|
|
|
(d)
state the following—
|
|
|
|
“
WASTE MANAGEMENT ACT 1996
|
|
|
|
A
plan specifying the steps to be taken by [name of authorised waste
collector] for the purpose of recovering waste tyres is available at these
premises or, if so requested, will be sent by post, fax or electronic mail.
”
|
|
|
|
and
|
|
|
|
(e)
be affixed until the preparation of a subsequent report in accordance with
the provisions of article 16(1)(b).
|
|
|
|
PART 5 Requirements
regarding a notice in accordance with the provisions of article 16(1)(b).
|
|
|
|
A
notice for the purpose of article 16(1)(b) shall—
|
|
|
|
(a)
be not less in dimension than 40 centimetres in height and 30 centimetres in
width or 30 centimetres in height and 40 centimetres in width,
|
|
|
|
(b)
be so printed in black indelible ink with a times new roman font size of at
least 32 or equivalent and line space of at least 1.5 lines on a white
background and affixed, on a durable material, so as to be easily visible
and legible,
|
|
|
|
(c)
not be obscured or concealed at any time, and
|
|
|
|
(d)
state the following—
|
|
|
|
“
WASTE MANAGEMENT ACT 1996
|
|
|
|
A
report specifying the steps taken by [name of authorised waste collector]
for the purpose of recovering waste tyres is available at these premises or,
if so requested, will be sent by post, fax or electronic mail. ”
|
|
|
|
PART 6 Requirements
regarding a notice in accordance with the provisions of article 25(1)(b).
|
|
|
|
A
notice for the purpose of article 25(1)(b) shall—
|
|
|
|
(a)
be not less in dimension than 40 centimetres in height and 30 centimetres in
width or 30 centimetres in height and 40 centimetres in width,
|
|
|
|
(b)
be so printed in black indelible ink with a times new roman font size of at
least 32 or equivalent and line space of at least 1.5 lines on a white
background and affixed, on a durable material, so as to be easily visible
and legible,
|
|
|
|
(c)
not be obscured or concealed at any time, and
|
|
|
|
(d)
state the following—
|
|
|
|
“
WASTE MANAGEMENT ACT 1996
|
|
|
|
[Name
of producer, supplier or, as appropriate, authorised waste collector]
participates in a scheme operated by [name of approved body] which is an
approved body for the scheme for the environmentally sound management of
waste tyres and therefore accepts waste tyres on these premises. ”
|
|
|
|
FOURTH SCHEDULE INFORMATION TO BE COMPILED AND PROVIDED
BY SUPPLIERS WHEN COMPLYING WITH THE PROVISIONS OF PART III OF THESE
REGULATIONS
|
|
|
|
PART 1 Information
to be provided by suppliers for the purpose of registration.
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the supplier where that
supplier is a company registered under the Companies Acts, or, the principal
place of business of the supplier where that supplier is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres are or will be
supplied by the supplier.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of tyres
that were supplied in the calendar year prior to the date of application and
substantiated estimates of the projected average life of the tyres concerned
in each of the categories specified in the First Schedule.
|
|
|
|
4.
Name(s) and address(es) of owner(s).
|
|
|
|
PART 2 Information
to be provided by suppliers for the purpose of renewal of registration.
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the supplier where that
supplier is a company registered under the Companies Acts, or, the principal
place of business of the supplier where that supplier is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres are supplied by the
supplier.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of tyres
that were placed on the market in the calendar year prior to the date of
application for renewal and substantiated estimates of the projected average
life of the tyres concerned in each of the categories specified in the First
Schedule.
|
|
|
|
4.
The quantities by weight or, as appropriate, by number of units of waste
tyres that were taken back in each of the categories specified in the First
Schedule.
|
|
|
|
PART 3 Information
to be provided in a report in accordance with the provisions of article
10(3).
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the supplier where that
supplier is a company registered under the Companies Acts, or, the principal
place of business of the supplier where that supplier is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres were supplied by the
supplier.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of tyres
supplied by the supplier in the relevant period in each of the categories
specified in the First Schedule.
|
|
|
|
4.
The quantities by weight or, as appropriate, by number of units of waste
tyres arising from tyres supplied by the supplier in the relevant period in
each of the categories specified in the First Schedule.
|
|
|
|
5.
The names, addresses and permit numbers of authorised waste collectors or,
as appropriate, recovery operators used for the treatment of waste tyres
during the relevant period.
|
|
|
|
6.
The quantities by weight or, as appropriate, by number of units of waste
tyres—
|
|
|
|
(a)
recovered by or on behalf of the supplier, and
|
|
|
|
(b)
accepted by recovery operators,
|
|
|
|
in the relevant period, in each of the
categories specified in the First Schedule.
|
|
|
|
7.
The quantities by weight or, as appropriate, by number of units of waste
tyres disposed of or consigned for disposal by the supplier in each of the
categories specified in the First Schedule during the relevant
period, and the nature of the disposal operations involved.
|
|
|
|
PART 4 Information
to be provided in a plan in accordance with the provisions of article 11(1).
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the supplier where that
supplier is a company registered under the Companies Acts, or, the principal
place of business of the supplier where that supplier is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres are or will be
supplied by the supplier.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of tyres
that were supplied in the calendar year prior to the date of application and
substantiated estimates of the projected average life of the tyres concerned
in each of the categories specified in the First Schedule.
|
|
|
|
4.
The projected quantities by weight or, as appropriate, by number of units of
waste tyres that will arise from tyres supplied by the supplier in the
relevant period in each of the categories specified in the First
Schedule.
|
|
|
|
5.
The names, addresses and permit numbers of proposed authorised waste
collectors or, as appropriate, recovery operators to be used for the
treatment of waste tyres during the relevant period.
|
|
|
|
6.
The projected quantities by weight or, as appropriate, by number of units of
waste tyres that will be—
|
|
|
|
(a)
recovered by or on behalf of the supplier, and
|
|
|
|
(b)
accepted by recovery operators,
|
|
|
|
in the relevant period, in each of the
categories specified in the First Schedule.
|
|
|
|
7.
The projected quantities by weight or, as appropriate, by number of units of
waste tyres that will be disposed of or consigned for disposal by the
supplier in each of the categories specified in the First Schedule during
the relevant period, and the proposed nature of the disposal operations
involved.
|
|
|
|
PART 5 Information
to be provided in a report in accordance with the provisions of article
11(2).
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the supplier where that
supplier is a company registered under the Companies Acts, or, the principal
place of business of the supplier where that supplier is any other body
corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at or from which tyres were supplied by the
supplier.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of tyres
supplied by the supplier in the relevant period in each of the categories
specified in the First Schedule.
|
|
|
|
4.
The quantities by weight or, as appropriate, by number of units of waste
tyres arising from tyres supplied by the supplier in the relevant period in
each of the categories specified in the First Schedule.
|
|
|
|
5.
The names, addresses and permit numbers of authorised waste collectors or,
as appropriate, recovery operators used for the treatment of waste tyres
during the relevant period.
|
|
|
|
6.
The quantities by weight or, as appropriate, by number of units of waste
tyres—
|
|
|
|
(a)
recovered by or on behalf of the supplier, and
|
|
|
|
(b)
accepted by recovery operators,
|
|
|
|
in the relevant period, in each of the
categories specified in the First Schedule.
|
|
|
|
7.
The quantities by weight or, as appropriate, by number of units of waste
tyres disposed of or consigned for disposal by the supplier in each of the
categories specified in the First Schedule during the relevant
period, and the nature of the disposal operations involved.
|
|
|
|
PART 6 Persons to
be provided with a copy of any plan prepared in accordance with the
provisions of article 11(1) or, as appropriate, any report prepared in
accordance with the provisions of article 11(2).
|
|
|
|
1.
Each local authority.
|
|
|
|
2.
Any approved body established in accordance the provisions of Part VII of
these Regulations.
|
|
|
|
3.
Any person or persons the Minister may direct from time to time.
|
|
|
|
FIFTH SCHEDULE INFORMATION TO BE COMPILED AND PROVIDED
BY AUTHORISED WASTE COLLECTORS WHEN COMPLYING WITH THE PROVISIONS OF PART IV
OF THESE REGULATIONS
|
|
|
|
PART 1 Information
to be provided by authorised waste collectors for the purpose of
registration.
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the authorised waste
collector where that authorised waste collector is a company registered
under the Companies Acts, or, the principal place of business of the
authorised waste collector where that authorised waste collector is any
other body corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at which waste tyres will be stored by the
authorised waste collector or on his or her behalf.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of waste
tyres that were collected in the calendar year prior to the date of
application in each of the categories specified in the First Schedule.
|
|
|
|
4. A
copy or, as appropriate, copies of all valid permits issued in accordance
with the provisions of regulations under sections 34(1) or, as appropriate,
39(1) or, as appropriate, 39(4) of the Act.
|
|
|
|
5. A
copy or, as appropriate, copies of all notices issued in the calendar year
prior to the date of application in accordance with the provisions of
regulations under section 55 of the Act.
|
|
|
|
6.
Name(s) and address(es) of owner(s).
|
|
|
|
PART 2 Information
to be provided by authorised waste collectors for the purpose of renewal of
registration.
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the authorised waste
collector where that authorised waste collector is a company registered
under the Companies Acts, or, the principal place of business of the
authorised waste collector where that authorised waste collector is any
other body corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at which waste tyres are stored by the
authorised waste collector or on his or her behalf.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of waste
tyres that were collected in the calendar year prior to the date of
application for renewal in each of the categories specified in the First
Schedule.
|
|
|
|
4. A
copy or, as appropriate, copies of all valid permits issued in accordance
with the provisions of regulations under sections 34(1) or, as appropriate,
39(1) or, as appropriate 39(4) of the Act.
|
|
|
|
5. A
copy or, as appropriate, copies of all notices issued in the calendar year
prior to the date of application for renewal in accordance with the
provisions of regulations under section 55 of the Act.
|
|
|
|
PART 3 Information
to be provided in a plan in accordance with the provisions of article 16(1).
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the authorised waste
collector where that authorised waste collector is a company registered
under the Companies Acts, or, the principal place of business of the
authorised waste collector where that authorised waste collector is any
other body corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at which waste tyres are or will be stored by
the authorised waste collector.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of waste
tyres that were collected in the calendar year prior to the date of
application together with details of the reuse, recovery, recycling or, as
appropriate, disposal of the tyres concerned in each of the categories
specified in the First Schedule.
|
|
|
|
4.
The names, addresses and permit numbers of proposed recovery operators to be
used for the treatment of waste tyres during the relevant period.
|
|
|
|
5.
The projected quantities by weight or, as appropriate, by number of units of
waste tyres that will be accepted by each of the recovery operators
concerned, in the relevant period, in each of the categories specified in
the First Schedule.
|
|
|
|
6.
The projected quantities by weight or, as appropriate, by number of units of
waste tyres that will be disposed of or consigned for disposal by the
authorised waste collector in each of the categories specified in the First
Schedule during the relevant period, and the proposed nature of the
disposal operations involved.
|
|
|
|
PART 4 Information
to be provided in a report in accordance with the provisions of article
16(2).
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the authorised waste
collector where that authorised waste collector is a company registered
under the Companies Acts, or, the principal place of business of the
authorised waste collector where that authorised waste collector is any
other body corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at which waste tyres were stored by the
authorised waste collector.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of waste
tyres collected by the authorised waste collector in the relevant period in
each of the categories specified in the First Schedule.
|
|
|
|
4.
The names, addresses and permit numbers of the recovery operators used for
the treatment of waste tyres during the relevant period.
|
|
|
|
5.
The quantities by weight or, as appropriate, by number of units of waste
tyres accepted by recovery operators, together with details on the reuse,
recovery or, as appropriate, recycling of the tyres concerned in the
relevant period, in each of the categories specified in the First
Schedule
|
|
|
|
6.
The quantities by weight or, as appropriate, by number of units of waste
tyres disposed of or consigned for disposal by the authorised waste
collector in each of the categories specified in the First Schedule
during the relevant period, and the nature of the disposal operations
involved.
|
|
|
|
PART 5 Persons to
be provided with a copy of any plan prepared in accordance with the
provisions of article 16(1) or, as appropriate, any report prepared in
accordance with the provisions of article 16(2).
|
|
|
|
1.
Each local authority.
|
|
|
|
2.
Any approved body established in accordance the provisions of Part VII of
these Regulations.
|
|
|
|
3.
Any person or persons the Minister may direct from time to time.
|
|
|
|
PART 6 Information
to be provided in a report in accordance with the provisions of article
18(3).
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the authorised waste
collector where that authorised waste collector is a company registered
under the Companies Acts, or, the principal place of business of the
authorised waste collector where that authorised waste collector is any
other body corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at which waste tyres were stored by the
supplier.
|
|
|
|
3.
The quantities by weight or, as appropriate, by number of units of waste
tyres collected by the authorised waste collector in the relevant period in
each of the categories specified in the First Schedule.
|
|
|
|
4.
The names, addresses and permit numbers of the recovery operators used for
the treatment of waste tyres during the relevant period.
|
|
|
|
5.
The quantities by weight or, as appropriate, by number of units of waste
tyres accepted by recovery operators, together with details on the reuse,
recovery or, as appropriate, recycling of the tyres concerned in the
relevant period, in each of the categories specified in the First
Schedule.
|
|
|
|
6.
The quantities by weight or, as appropriate, by number of units of waste
tyres disposed of or consigned for disposal by the authorised waste
collector in each of the categories specified in the First Schedule
during the relevant period, and the nature of the disposal operations
involved, in any format as may be determined by the Agency.
|
|
|
|
SIXTH SCHEDULE INFORMATION TO BE COMPILED AND PROVIDED
BY RECOVERY OPERATORS WHEN COMPLYING WITH THE PROVISIONS OF PART V OF THESE
REGULATIONS
|
|
|
|
Information
to be provided in a report in accordance with the provisions of article
19(1)(b).
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the registered office of the recovery operator
where that recovery operator is a company registered under the Companies
Acts, or, the principal place of business of the recovery operator where
that recovery operator is any other body corporate or unincorporated body.
|
|
|
|
Name:
|
|
|
|
Address of Registered Office:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
2.
Location(s) of premises at which waste tyres were received, stored
and reused, recovered or, as appropriate, recycled by the recovery operator.
|
|
|
|
3.
The quantities by weight and by number of units of waste tyres received,
stored and reused, recovered or, as appropriate, recycled by the recovery
operator in the relevant period in each of the categories specified in the First
Schedule and the nature of any disposal operations involved, in any
format as may be determined by the Agency.
|
|
|
|
4.
Any other information in relation to the sources of waste tyres, the
management of waste tyres at authorised premises operated by the recovery
operator, and the onward destination of any waste tyres removed from the
authorised premises, including the name and address of any such destination
whether in the State, another member state of the European Union or a third
country, that the Agency may from time to time request.
|
|
|
|
5.
Name(s) and address(es) of owner(s).
|
|
|
|
SEVENTH SCHEDULE INFORMATION TO BE COMPILED AND PROVIDED
BY FARMERS WHEN COMPLYING WITH THE PROVISIONS OF PART VI OF THESE
REGULATIONS
|
|
|
|
PART 1 Information
to be provided by farmers for the purpose of the registration.
|
|
|
|
1.
Name, address(es), telephone, electronic mail
address and fax number of the farmer.
|
|
|
|
Name:
|
|
|
|
Address:
|
|
|
|
Telephone No.:
|
|
|
|
Fax No.:
|
|
|
|
E-mail:
|
|
|
|
Herd or, as appropriate, flock No:
|
|
|
|
2.
Location(s) of premises at which waste tyres will be stored by the
farmer.
|
|
|
|
3.
The total floor area in square metres of the silage pit or pits currently
being utilised on the holding of the farmer concerned.
|
|
|
|
4.
The maximum quantities by number of units of tyres that will be stored
during the period of registration in categories 1 to 5 of the First
Schedule.
|
|
|
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5.
An undertaking from the farmer concerned that the quantities to be stored
shall not exceed the—
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(a)
maximum quantities advised in accordance with paragraph 4 and, as
appropriate,
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(b)
quantities specified in article 23(1)(a).
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PART 2 Information
to be provided by farmers for the purpose of the renewal of registration.
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1.
Name, address(es), telephone, electronic mail
address and fax number of the farmer.
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Name:
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Address:
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Telephone No.:
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Fax No.:
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E-mail:
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Herd or, as appropriate, flock No:
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2.
Location(s) of premises at which waste tyres will be stored by the
farmer.
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3.
The total floor area in square metres of the silage pit or pits currently
being utilised on the holding of the farmer concerned.
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4.
The maximum quantities by number of units of tyres that will be stored
during the period of registration in categories 1 to 5 of the First
Schedule.
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5.
An undertaking from the farmer concerned that the quantities to be stored
shall not exceed the—
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(a)
maximum quantities advised in accordance with paragraph 4, and as
appropriate,
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(b)
quantities specified in article 23(1)(a).
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GIVEN under my
Official Seal,
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27 September 2007
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JOHN GORMLEY.
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Minister for the
Environment, Heritage and Local Government.
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EXPLANATORY NOTE
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(This
note is not part of the Instrument and does not purport to be a legal
interpretation.)
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The
Regulations impose obligations on persons who supply tyres to the Irish
market, whether as retailers, importers or manufacturers and on persons who
manage waste tyres. These Regulations are designed to maximise the reuse,
recycling and recovery of waste tyres.
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1 O.J. No. L256, 07.09.1978, p. 1
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