Committee Reports > List of Committees > Joint > 1980 > Committee on the Secondary Legislation of the European Communities > Report No. 73 - European Communities (Waste) Regulations, 1979

REPORT

Statutory Instrument Examined

1. The Joint Committee has examined the European Communities (Waste) Regulations, 1979 [S.I. No. 390 of 1979] which were made by the Minister for the Environment under section 3 of the European Communities Act, 1972 on 7th December, 1979. These Regulations are expressed to be for the purpose of giving effect to Council Directive No. 75/442/EEC of 15th July, 1975. A detailed examination of the instrument was carried out for the Joint Committee by its Sub-Committee on Statutory Instruments and Legal Affairs under the Chairmanship of Senator David Molony. The Joint Committee is indebted to Senator Molony and his Sub-Committee for their work.

2. The Regulations make local authorities responsible for the planning, organisation, authorisation and supervision of operations comprised in the disposal of waste in their areas and require them to prepare plans. A person other than a public waste collector must have a permit from a local authority for treating, storing or tipping waste in their area on behalf of another person. A holder of waste must not permit its disposal by another person except a public waste collector or a permit holder. If he disposes of the waste himself, he is prohibited from doing so in a manner which would endanger human health or harm the environment. Summary conviction of an offence renders a person liable to a fine of not more than £600 or six months imprisonment or both. Penalties are also provided for failure to keep or produce a proper register of waste operations or to give relevant information to an authorised person and for obstructing or interfering with such person.

Obligation imposed by Council Directive

3. Article 3.1 of the Council Directive provides that “Member States shall take appropriate steps to encourage the prevention, recycling and processing of waste, the extraction of raw materials and possibly of energy therefrom and any other process for the re-use of waste”. As the Ministerial Regulations appear to be concerned almost exclusively with the collection and disposal of waste, the Joint Committee wrote to the Department of the Environment to enquire how the obligation to encourage recycling and processing of waste with a view to its re-use was being discharged. The Department replied as follows:—

“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”.

Need for Co-ordination

4. The successful recycling of waste could provide an alternative source of raw materials thereby conserving resources and also contribute towards the protection of the environment by reducing the amount of waste that has to be disposed of. In its fortieth report (Prl. 7930) of 7th March, 1979 the Joint Committee expressed its support for a Commission proposal for a research and development programme on the recycling of urban and industrial waste and its confidence that the programme would produce new technology to maximise the re-use and reduce the amount of waste. The Committee, however, indicated that it was advised “that the recycling of at least some household waste can profitably be undertaken with existing technology and that this is already being done in other countries”. It suggested, therefore, “that the appropriate national and local authorities might themselves investigate the possibilities of initiating suitable recycling schemes in this country without waiting for the results of the Community programme”. Council Directive No. 75/442/EEC already imposes on the State an obligation to encourage the prevention, recycling and processing of waste with a view to its re-use and the extraction of raw materials and energy and the Committee notes that it is intended to discharge this obligation “by administrative means”. It appears that apart from local authorities and the Department of the Environment, other Government Departments have responsibilities in this area. If progress is to be made the Committee believes that it may be necessary to give one body overall responsibility. Accordingly, it recommends that some one body, perhaps an Inter-Departmental Committee be given the task of working out, in consultation with all interested parties, a co-ordinated programme for the recycling of waste and for monitoring the implementation of the programme by the various authorities involved.

(Signed) ALEXIS FITZGERALD,

Chairman of the Joint Committee.

4 June, 1980.