Committee Reports > List of Committees > Joint > 1980 > Committee on the Secondary Legislation of the European Communities > Report No. 75 - Statutory Instruments [19]

APPENDIX VI

European Communities (Waste) and (Waste) (No. 2) Regulations, 1979 [S.I. Nos. 390 and 388 of 1979]

An Rúnaí,

An Roinn Comhshaoil.

I am directed by Senator Alexis FitzGerald, Chairman of the Joint Committee on the Secondary Legislation of the European Communities, to refer to the European Communities (Waste) and (Waste) (No. 2) Regulations, 1979 [S.I. Nos. 390 and 388 of 1979] and to request, for the information of the Joint Committee, a memorandum on the following points:—

(1) Waste is defined in Council Directive No. 75/442/EEC (to which S.I. No. 390 of 1979 is stated to give effect) as “any substance or object which the holder disposes of or is required to dispose of pursuant to the provisions of national law in force.”. What provisions of national law in this country are relevant?

(2) What measures are being taken to discharge the obligation imposed by Article 3.1 of Council Directive No. 75/442/EEC to encourage the recycling of waste and “the extraction of raw materials and possibly of energy therefrom and any other process for the re-use of waste”?

(3) How is Article 8 of Council Directive No. 76/403/EEC (to which S.I. No. 388 of 1979 is stated to give effect) being implemented? In this connection attention is directed to Article 9 of that Directive.

M. G. KILROY,

Cléireach an Chomhchoiste.

18 Feabhra, 1980.

DEPARTMENT OF THE ENVIRONMENT

Observations on matters raised by the Oireachtas Joint Committee on the Secondary Legislation of the European Communities in connection with the European Communities (Waste) Regulations, 1979 and the European Communities (Waste) (No. 2) Regulations, 1979.

QUERY 1:

Waste is defined in Council Directive No. 75/442/EEC (to which S.I. No. 390 of 1979 is stated to give effect) as “any substance or object which the holder disposes of or is required to dispose of pursuant to the provisions of national law in force.”. What provisions of national law in this country are relevant?

REPLY:

The existing statutory provisions, additional to those in the European Communities (Waste) Regulations, 1979, in relation to waste disposal as far as the Department of the Environment is concerned are set out below. Other Departments may also be concerned e.g. the Department of Fisheries is concerned with the discharge of deleterious matter to fishery waters under the Fisheries (Consolidation) Act, 1959, and the Department of Energy (Nuclear Energy Board) is concerned with the disposal of radio-active waste.

Section 107 of the Public Health (Ireland) Act, 1878 defines a number of statutory nuisances including any accumulation or deposit which is a nuisance or injurious to health. Section 108 imposes an obligation on sanitary authorities to secure the abatement of nuisances within their districts. The removal of house or trade refuse is dealt with under section 52 of the Public Health (Ireland) Act, 1878 and section 48 of the Public Health Acts (Amendment) Act, 1907.

Conditions may be imposed by a planning authority when granting permission under the Local Government (Planning and Development) Acts, 1963 and 1976 requiring the disposal of waste to be carried out in a specified manner. Planning permission is also required where lands are used for purposes such as dumping of waste.

The Local Government (Water Pollution) Act, 1977 imposes a general prohibition on the entry of polluting matter to waters (section 3) and provides for a licensing system for the discharge of trade and sewage effluents to water.

QUERY 2:

What measures are being taken to discharge the obligation imposed by Article 3.1 of Council Directive No. 75/442/EEC to encourage the recycling of waste and “the extraction of raw materials and possibly of energy therefrom and any other process for the re-use of waste”?

REPLY:

It is not considered necessary to provide by Regulation for the implementation of Article 3 of the Directive and implementation will be by administrative means. The EEC Commission has been so informed. As far as the Department of the Environment is concerned local authorities will be encouraged to co-operate with any proposals for the recycling of waste. Other Departments e.g. Department of Industry, Commerce and Tourism and the Department of Energy have the major responsibility as regards the promotion of recycling and conservation of energy.

QUERY 3:

How is Article 8 of Council Directive No. 76/403/EEC (to which S.I. No. 388 of 1979 is stated to give effect) being implemented? In this connection attention is directed to Article 9 of that Directive.

REPLY:

Article 8 of the Directive relates to the application of the polluter pays principle to the disposal of waste PCB’s. It was not considered necessary to make a specific provision in the Regulations to cover this matter because it is assumed that the Electricity Supply Board, as the designated authority for the disposal of waste PCB’s will carry out the collection and disposal of waste PCB’s as a commercial service with charges sufficient to cover their costs. It is, accordingly, not necessary to lay down the special provisions required by Article 9 with which the holder of PCB’s and the Electricity Supply Board must comply as regards the polluter pays principle.

15 April, 1980.