S.I. No. 108/1984:

THE EUROPEAN COMMUNITIES (WASTE) REGULATIONS, 1984.

THE EUROPEAN COMMUNITIES (WASTE) REGULATIONS, 1984.

The Minister for the Environment in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 , (No. 27 of 1972) and for the purpose of giving effect to Council Directive of 6 April, 1976, No. 76/403/EEC*, hereby makes the following Regulations:

*O.J. No. L.108/41, 26 April, 1976.

1. (1) These Regulations may be cited as the European Communities (Waste) Regulations, 1984.

(2) These Regulations shall come into operation on the 1st May, 1984.

2. (1) In these Regulations--

"authorised person" means a person appointed by the Minister to be an authorised person for the purpose of these Regulations:

"the Council Directive" means Council Directive of 6 April, 1976, No. 76/403/EEC;

"disposal" means the collection or destruction or collection and destruction of PCB and the transformation operations necessary for regenerating PCB;

"Minister" means the Minister for the Environment;

"PCB" means polychlorinated biphenyls, polychlorinated terphenyls and mixtures containing one or both such substances.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary appears, the meaning in these Regulations that it has in that Directive.

3. A holder of waste PCB or of any object or equipment which contains PCB and which is no longer capable of being used shall--

(a) notify the Minister forthwith of such holding and of the manner in which he proposes to dispose of it;

(b) comply with any directions given by the Minister (or by an authorised person) in relation to such disposal;

(c) if so required by the Minister (or by an authorised person) provide evidence of the manner in which the holding has been disposed of.

(2) A direction under sub-article (1) (b) may require that the holding to which it relates shall be disposed of at an installation, establishment or undertaking specified in the direction.

4. A person shall not cause or permit the discharge, dumping or tipping of PCB or of objects or equipment containing PCB, or dispose of PCB or of objects or equipment containing PCB, in a manner which would endanger human health or harm the environment.

5. (1) A person who fails to comply with the requirements of article 3 or who contravenes article 4 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £800 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) A prosecution for an offence under this article may be taken by the Minister.

6. (1) An authorised person shall have power to--

(a) enter, inspect, examine and search at any reasonable time--

(i) any structure or premises or other land in or on which he has reasonable cause to believe that waste PCB or any object, or equipment which contains PCB and which is no longer capable of being used is being held or has been discharged, dumped or tipped, or

(ii) any vehicle or container which he has reasonable cause to believe is being used for the holding, discharge, dumping or tipping of waste PCB or of any object or equipment which contains PCB and which is no longer capable of being used,

(b) require the person who appears to him to be in charge of the structure, premises or other land or the vehicle or container to produce any waste PCB, or any object or equipment which contains PCB and which is no longer capable of being used, which is in his possession or under his control,

(c) require such person, or any person employed in or on such structure, premises or other land or vehicle, to produce any books, records or other documents which relate to transactions concerning PCB or any object or equipment which contains PCB and which are in his possession or under his control,

(d) inspect any substance, object or equipment and any book, record or other document produced in pursuance of a requirement under these Regulations, and, if he thinks fit, copy an entry in such book, record or document,

(e) make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with, and,

(f) in case in the course of exercising a power conferred on him by this article, an authorised person finds or has produced to him any substance which appears to him to be PCB, or an unused object or equipment which may contain PCB, in or on any structure, premises or other land, or vehicle or container, require the person who appears to him to be in possession or control of such substance, object or equipment to give to him such information as it is in his power to give as to who is the owner of the substance, object or equipment and its origin.

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

(3) If any person wilfully delays an authorised person in the exercise of any power under these Regulations, or fails to comply with a requisition of an authorised person made in pursuance of these Regulations, or wilfully witholds any information requested by an authorised person in pursuance of these Regulations, that person shall be deemed to obstruct an authorised person in the execution of his duties under these Regulations.

(4) Any person who obstructs or interferes with an authorised person in the course of exercising a power conferred on him by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £800.

7. A prosecution for an offence under article 6 may be taken by the Minister.

8. The European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ) shall not apply to waste PCB or to PCB contained in objects or equipment no longer capable of being used.

9. The European Communities (Waste) (No. 2) Regulations, 1979 ( S.I. No. 388 of 1979 ) are hereby revoked.

GIVEN under the Official Seal of the Minister for the Environment

this 30th day of April, 1984.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations implement EEC Directive 76/403/EEC* of 6 April, 1976 relating to the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB). These substances have been or are being used in electrical and other equipment. The Regulations replace the previous disposal provisions contained in the European Communities (Waste) (No. 2) Regulations, 1979 ( S.I. No. 388 of 1979 ) which are revoked.

*O.J. No. L.108/41, 26 April, 1976.