S.I. No. 664/2007 - Waste Management (Tyres and Waste Tyres) Regulations 2007

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.

5. An undertaking from the farmer concerned that the quantities to be stored shall not exceed the—

(

a

) maximum quantities advised in accordance with paragraph 4, and as appropriate,

(

b

) quantities specified in article 23(1)(

a

).

GIVEN under my Official Seal,

27 September 2007

JOHN GORMLEY.

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

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

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.

1 O.J. No. L256, 07.09.1978, p. 1

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

).

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).

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—

(

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

(

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.

(2) A supplier—

(

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

(

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.

Application for registration or renewal of registration by suppliers

9. (1) An application for—

(

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),

(

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).

(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—

(

a

) fee of €100, and

(

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.

(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 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.

Suppliers’ records and information

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.

(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).

(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

.

Suppliers’ waste management plans and reports

11. (1) A supplier shall, not later than the date on which application for—

(

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

(

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.

(2) A report under sub-article (1)(

b

) shall contain at least the information set out in Part 5 of the

Fourth Schedule

.

(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.

Manag

ement of waste tyres by suppliers

12. (1) On and from the commencement date of these Regulations, each supplier—

(

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—

(i) registered with a local authority in accordance with the provisions of Part IV of these Regulations or, as appropriate,

(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,

(

b

) who, following the supply of replacement tyres, does not take back waste tyres from customers shall—

(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

(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,

(

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—

(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

(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.

(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–

(

a

) an authorised waste collector or recovery operator or, as appropriate,

(

b

) a local authority providing a service for the collection and, as appropriate, environmentally sound management of waste tyres.

PART IV WASTE COLLECTOR RESPONSIBILITY OBLIGATIONS

Registration and certification of waste collectors

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—

(

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

(

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.

(2) An authorised waste collector—

(

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

(

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.

Application for registration or renewal of registration by waste collectors

14. (1) An application for—

(

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),

(

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).

(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—

(

a

) fee of €100, and

(

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.

(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) 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.

Waste collectors’ records and information

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.

(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).

Waste collectors’ waste management plans and reports

16. (1) An authorised waste collector shall not later than the date on which application for—

(

a

) registration or renewal of registration is made in accordance with the provisions of article 13—

(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

(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

,

(

b

) renewal of registration is made in accordance with the provisions of article 13—

(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

(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.

(2) A report under sub-article (1)(

b

) shall contain at least the information set out in Part 4 of the

Fifth Schedule

.

(3) A copy of a plan or report prepared for the purpose of this article shall—

(

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

(

b

) be made available, free of charge, by the authorised waste collector concerned to any person who so requests.

(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.

Management of waste tyres by authorised waste collectors

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—

(

a

) an authorised waste collector who is—

(i) registered with a local authority in accordance with the provisions of Part IV, or

(ii) a member of an approved body established in accordance with the provisions of Part VII

of these Regulations or, as appropriate,

(

b

) a recovery operator.

(2) Notwithstanding sub-article (1), an authorised waste collector may supply waste tyres to—

(

a

) a farmer subject to the provisions of Part VI of these Regulations or, as appropriate,

(

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—

(i) utilised for genuine reuse,

(ii) stored in accordance with regulations made under the provisions of section 39 of the Act, and

(iii) managed in an environmentally sound manner.

(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.

(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

).

Record keeping in relation to the recovery of waste tyres

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.

(2) Records obtained pursuant to sub-article (1) shall be—

(

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

(

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.

(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

.

PART V RECOVERY OPERATOR OBLIGATIONS

Recovery operators’ records and information

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—

(

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

(

b

) provide—

(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.

(2) Notwithstanding sub-article (1), all—

(

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

(

b

) information provided to authorised waste collectors shall be based on the latest characterisation study referred to in paragraph (

a

).

(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.

PART VI FARMER RESPONSIBILITY OBLIGATIONS

Prohibition on the storage of waste tyres by farmers

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—

(

a

) mechanically propelled vehicle or vehicles,

(

b

) trailer or trailers or, as appropriate,

(

c

) machinery,

in possession of the farmer concerned.

(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—

(

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, 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.

Registration and certification of farmers

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.

(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—

(

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,

in the State, and

(ii) list of applications for membership—

(A) received,

(B) accepted, and

(C) rejected together with the grounds for rejection,

(

p

) proposals for the certification of producers, suppliers or, as appropriate, authorised waste collectors for the purposes of article 21,

(

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,

(

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,

(

u

) such other information as may be specified in writing by the Minister for the purposes of this article.

Grant or refusal of approval

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,

(

b

) the appropriate certificate issued by the Companies Registration Office,

(

c

) corporate governance,

(

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,

(

e

) the business plan,

(

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.

(4) Without prejudice to sub-article (3), in the event that an approved body—

(

a

) has its approval revoked in accordance with the provisions of article 28,

(

b

) goes into liquidation, examination or, receivership or, as appropriate,

(

c

) enters into a scheme of arrangement or compromise in accordance with the provisions of section 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.

(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.

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

(

c

) consider any submission, or application so made.

(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