S.I. No. 248/1988 -- The European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988.

S.I. No. 248/1988 -- The European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988. 1988 248

S.I. No. 248/1988:

THE EUROPEAN COMMUNITIES (TRANSFRONTIER SHIPMENT OF HAZARDOUS WASTE) REGULATIONS, 1988.

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 the Council Directive of 6th December, 1984 (No. 84/631/EEC)¹ as amended by the Council Directive of 12th June 1986 (No. 86/279/EEC)² and adapted to technical progress by the Commission Directive of 22nd July, 1985 (No. 85/469/EEC)³ and the Commission Directive of 23rd December, 1986 (No. 87/112/EEC)⁴ hereby makes the following Regulations:

⁽¹⁾ O.J. No. L326/31, 13th December, 1984.

⁽²⁾ O.J. No. L181/13, 4th July, 1986.

⁽³⁾ O.J. No. L272/1, 12th October, 1985.

⁽⁴⁾ O.J. No. L48/31, 17th February, 1987.

PART I PRELIMINARY AND GENERAL

1. (1) These Regulations may be cited as the European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988.

(2) These Regulations shall come into effect on the 1st day of November, 1988.

2. (1) In these Regulations--

"carrier" means a person carrying waste for, or in the course of, transfrontier shipment;

"Community" means the European Communities;

"Commission" means Commission of the European Communities;

"competent authority" means--

( a ) in the case of a Member State, other than the State, the authority designated by such Member State under Article 16 of the Council Directive, and

( b ) in the case of a third state, the authority responsible under the law of that state for approval or rejection of a transfrontier shipment;

"consignee" means a person to whom hazardous waste is consigned for disposal;

"the Council Directive" means the Council Directive of 6th December, 1984 (No. 84/631/EEC) as amended by the Council Directive of 12th June, 1986 (No. 86/279/EEC);

"disposal" includes recovery, re-use, regeneration or recycling;

"hazardous waste" means any waste containing or contaminated by any of the substances listed in the First Schedule in such quantities or in such concentrations as to constitute a risk to health or to the environment, and includes polychlorinated biphenyls and polychlorinated teryphenyls including mixtures containing one or both of these substances;

"holder" means a person who has hazardous waste in his custody or control immediately before a transfrontier shipment of such waste is commenced;

"local authority" means--

( a ) in the case of the administrative county of Dublin, excluding the borough of Dun Laoghaire, the council of the county of Dublin,

( b ) in the case of the borough of Dun Laoghaire, the corporation of the borough,

( c ) in the case of a county borough, the corporation of the county borough, and

( d ) in the case of any other administrative county, the council of the county;

"Member State" means a state which is a member of the European Communities;

"the Minister" means the Minister for the Environment;

"third state" means a state which is not a member of the European Communities;

"transfrontier shipment" means--

( a ) in relation to the export of hazardous waste from the State, the consignment of such waste whether by land, sea or air from the State for disposal outside the State, and

( b ) in relation to the import of hazardous waste into the State, the consignment of such waste, whether by land, sea or air for disposal in the State or through the State for disposal in another state,

but excludes the off-loading to shore of waste (including waste water and residues) produced by the normal operation of ships.

(2) In these Regulations, any reference to a Part, Schedule or article which is not otherwise identified is a reference to a Part, Schedule or article of these Regulations.

(3) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs.

3. The following are hereby designated under article 16 of the Council Directive as the competent authorities in the State for the purposes of transfrontier shipment of hazardous waste--

( a ) In relation to the export of hazardous waste from the State--the local authority in whose functional area such waste intended for transfrontier shipment is held,

( b ) in relation to the import of hazardous waste into the State, including the transport of such waste through the State to another state -- the Minister.

4. Subject to articles 14 and 25, nothing in these Regulations shall affect the obligations imposed by the European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ), the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ) and the European Communities (Waste) Regulations, 1984 ( S.I. No. 108 of 1984 ).

PART II EXPORT OF HAZARDOUS WASTE FROM THE STATE

In this Part--

"consignment note" means the form set out in the Second Schedule;

"Member State of destination" means a Member State to which waste is to be consigned for disposal;

"Member State of transit" means a Member State through which waste is to be transported for disposal in another state;

"third state of destination" means a third state to which waste is to be consigned for disposal;

"third state of transit" means a third state through which waste is to be transported for disposal in another state;

"uniform document" means the form set out in the Fourth Schedule;

"waste" means hazardous waste.

6. (1) A holder of waste in the State shall not export the waste to another state for disposal unless the relevant provisions of these Regulations have been complied with in relation to the waste.

(2) A person shall not transport within the State waste intended for disposal in another State unless the relevant provisions of these Regulations have been complied with in relation to the waste.

7. (1) Where a holder of waste in the State intends to make a transfrontier shipment he shall--

( a ) in the case of waste intended for disposal within the Community, notify the competent authority of the Member State of destination,

( b ) in the case of waste intended for disposal in a third state, notify--

(i) the local authority for the area in which the waste then is, or

(ii) the competent authority of the last Member State of transit where such Member State has communicated to the Commission and to other Member States that it intends to exercise the right conferred upon it under article 4 (2) of the Council Directive to issue an acknowledgment or raise an objection in respect of transfrontier shipments to the third state concerned,

( c ) send a copy of such notification to the competent authority of any Member State of transit, third state of transit and third state of destination and to the local authority for the area in which the waste then is, unless such local authority has been notified in pursuance of paragraph (b) (i).

(2) ( a ) The form set out in the Second Schedule shall be the form of every notification under this article.

( b ) The provisions and directions set out in the Third Schedule shall be complied with in relation to each consignment note.

(3) A notification under this article shall be accompanied by information on--

( a ) the measures to be taken to ensure the safe transportation of the waste and to ensure compliance by the carrier with the requirements of any Member State concerned in relation to the transport of such waste, and

( b ) the contractual agreement made with the consignee of the waste and the existence of adequate technical capacity for the disposal by the consignee of the waste under conditions presenting no danger to human health or to the environment.

(4) A notification under this article as respects the transfrontier shipment of waste to a third state of destination shall be accompanied by evidence that the competent authority of such third state has agreed to the shipment.

8. (1) Where a holder of waste in the State intends to make a series of transfrontier shipments of waste over a period not exceeding one year, the notifications sent by him pursuant to article 7 may relate to that series of shipments provided that the waste comprising each shipment--

( a ) will have the same physical and chemical characteristics, and

( b ) will be transported to the same consignee through the same office of Customs and Excise and the same customs offices of any Member State of destination and any Member State of transit.

(2) Where a local authority receives a notification relating to a series of transfrontier shipments, it may, without prejudice to its powers under article 9, agree to accept that notification as sufficient notification in relation to each shipment comprised in the series.

(3) A local authority may, as a condition of its agreement under sub-article (2), require the furnishing to it of prior information on the exact quantities and composition of the wastes in each shipment.

9. (1) Where a notification pursuant to article 7 (1) (b) is received by a local authority and is not accompanied by the information and evidence referred to in article 7 (3) and 7 (4) to the satisfaction of the local authority, the authority may require the holder of the waste to submit such information and evidence to it and shall take no action pursuant to the notification unless and until it receives the information and evidence.

(2) Where a local authority receives a notification or a copy of a notification pursuant to article 7, it may require the holder of the waste to submit such further information or documentation in relation to the waste concerned as it may require for the purposes of these Regulations.

(3) Where a local authority receives a notification pursuant to article 7 (1) (b), it may raise an objection to the proposed transfrontier shipment if it considers that such shipment would contravene any provision of the law for the time being in force in the State in relation ot the protection of health or the environment or in relation to public safety.

(4) Where a local authority has no objection to a transfrontier shipment of waste intended for disposal in a third state, or is satisfied that the problems giving rise to any such objection have been resolved, it shall, not later than one month after receipt of the relevant notification, or as soon as may be after being so satisfied--

( a ) enter an acknowledgement on the relevant consignment note and send it to the holder of the waste,

( b ) send a copy of the consignment note to the consignee of the waste,

( c ) send a copy of the consignment note to the competent authority of any Member State or third state concerned.

(5) Where a local authority receives a notification or a copy of a notification pursuant to article 7, it may specify such conditions as it considers appropriate in relation to the transportation of the waste concerned, provided that such conditions are no more stringent than those which would be laid down in relation to the transportation within the State of waste having the same physical and chemical characteristics.

(6) Any conditions specified under sub-article (5) shall be notified by the local authority concerned, within 15 days following receipt of the relevant notification or copy, to the holder of the waste and a copy thereof shall be sent to the competent authority of any Member State concerned.

(7) Conditions specified under this article shall be complied with by the holder and carrier of the waste.

(8) Where a local authority receives a notification or a copy of a notification pursuant to article 7, it may raise an objection to the proposed transfrontier shipment on the grounds that the shipment would conflict with obligations arising from international agreements to which the State became a party prior to the 6th day of December, 1984, or would adversely affect the implementation of--

(i) a plan made by the local authority under article 4 of the European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ), or

(ii) a special waste plan made by the local authority under article 4 of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ).

(9) An objection raised under sub-article (8) shall be notified by the local authority concerned, not later than 20 days after receipt of the relevant notification or copy, to the holder of the waste and a copy of such notification shall be sent by the local authority to the competent authority of any Member State concerned.

10. A holder of waste in the State shall not commence to effect a transfrontier shipment of the waste unless and until--

( a ) an acknowledgement entered on the relevant consignment note has been received--

(i) in the case of waste intended for disposal within the Community, from the competent authority of the Member State of destination, or

(ii) in the case of waste intended for disposal outside the community, from the local authority for the area in which the waste then is or, where article 7 (1) (b) (ii) applies, from the competent authority of the last Member State of transit; and

( b ) he has complied with any conditions notified to him under article 9 (6) by the local authority in whose area the waste then is or notified to him by the competent authority of any Member State of transit; and

( c ) he has satisfied the local authority in whose area the waste then is in relation to any objection raised by it under article 9 (8).

11. (1) A holder of waste in the State shall, on receipt of an acknowledgement of a notification made pursuant to article 7 (1), and before the transfrontier shipment is effected--

( a ) complete the relevant consignment note and send a copy thereof to the competent authority of any Member State or third state concerned,

( b ) arrange for a copy of the consignment note, including the acknowledgement, to accompany each relevant consignment of waste and for the carrier of the waste to complete the consignment note in accordance with the provisions and directions set out in the Third Schedule,

( c ) take measures to ensure that the consignee of the waste shall, within 15 days of receipt of the waste, forward a copy of the duly completed consignment note to the holder of the waste, to the local authority in whose area the waste was held and to the competent authority of any Member State or third state concerned.

(2) Where waste held in the State is to be transported from the State directly to a third state, the carrier shall give a copy of the consignment note to the office of Customs and Excise through which the waste leaves the State and that office shall forward the copy to the local authority in whose area the waste was held.

(3) Where a holder of waste in the State has consigned it for disposal outside the Community, he shall declare or certify to the local authority in whose area the waste was held, not later than six weeks after the waste has left the Community, that the waste has reached its proper destination and shall indicate the last customs post in the Community through which the waste passed.

12. (1) Where a holder in the State of waste from non-ferrous metals intends to effect a transfrontier shipment of such waste for re-use, regeneration or recycling, on the basis of a contractual agreement, he shall--

( a ) make a declaration to this effect on the uniform document set out in the Fourth Schedule,

( b ) send a copy of such document to--

(i) in the case of waste intended for disposal within the Community, the competent authority of the Member State of destination,

(ii) in the case of waste intended for disposal in a third state--

(A) the local authority for the area in which the waste then is, and

(B) the competent authority of the last Member State of transit,

( c ) arrange for two copies of the declaration to accompany the shipment,

( d ) take measures to ensure that the consignee of the waste confirms to the relevant competent authorities that the operations which are the subject of the declaration will be carried out.

(2) Articles 7 to 11 shall not apply in relation to a transfrontier shipment of waste to which this article applies.

13. (1) A holder or carrier of waste shall, insofar as he has custody or control of a transfrontier shipment of waste, ensure that--

( a ) the waste is properly packed,

( b ) containers have appropriate labels indicating the nature, composition and quantity of the waste and the telephone number of the persons from whom instructions or advice regarding the waste may be obtained at all times, and

( c ) the waste is accompanied by a statement indicating the instructions to be followed in the event of danger or accident.

(2) The labels and statement referred to in sub-article (1) shall be in the languages of the Member States concerned.

14. The provisions of article 8 (4) and Schedule 2 to the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ) shall cease to apply as respects exports of waste to which these Regulations apply.

PART III IMPORT OF HAZARDOUS WASTE TO THE STATE

15. In this Part--

"consignment note" means the form set out in the Second Schedule or a notification, or copy thereof, corresponding to that form and issued under the law of a Member State (other than the State) and in compliance with the Council Directive;

"Member State of dispatch" means a Member State in which a transfrontier shipment of waste originates;

"third state of dispatch" means a third state in which a transfrontier shipment of waste originates;

"uniform document" means the form set out in the Fourth Schedule or a document corresponding to that form and issued under the law of a Member State (other than the State) and in compliance with the Council Directive;

"waste" means hazardous waste.

16. A person shall not import waste into the State, or transport within the State a transfrontier shipment of waste intended for disposal in the State or for transit through the State for disposal in another state unless the relevant provisions of these Regulations have been complied with.

17. (1) Where the Minister receives a consignment note in relation to--

( a ) a proposed transfrontier shipment of waste intended for disposal in the State, or

( b ) a proposed transfrontier shipment of waste from a third state which is to be transported through the State directly to another third state for disposal,

he may raise an objection to the shipment if he considers that such shipment would contravene any provision of the law for the time being in force in the State in relation to the protection of health or the environment or in relation to public safety.

(2) Where the Minister has no objection to a transfrontier shipment referred to in sub-article (1), or is satisfied that the problems giving rise to any such objection have been resolved he shall, not later than one month after receipt of the relevant consignment note, or as soon as may be after being so satisfied--

( a ) enter an acknowledgement on the consignment note and send it to the holder of the waste,

( b ) send a copy of the consignment note to the consignee of the waste,

( c ) send a copy of the consignment note to the competent authority of any Member State or third state concerned.

18. (1) Where the Minister receives a consignment note, or a copy of a consignment note, in relation to a proposed transfrontier shipment of waste which is to be transported through the State for disposal outside the State, he may specify such conditions as he considers appropriate in relation to such transportation, provided that such conditions are no more stringent than those which would be laid down in relation to the transportation within the State of waste having the same physical and chemical characteristics.

(2) Any conditions specified under sub-article (1) shall be notified by the Minister, within 15 days following receipt of the relevant consignment note or copy, to the holder of the waste and a copy thereof shall be sent to the competent authority of any Member State concerned.

(3) Conditions specified under this article shall be complied with by the holder and the carrier of the waste.

19. (1) Where the Minister receives a consignment note which is not accompanied by information to his satisfaction on--

( b ) the contractual agreement made with the consignee and the existence of adequate technical capacity for the disposal by the consignee of the waste under conditions presenting no danger to human health or to the environment,

he may require the holder of the waste to submit such information to him and shall take no action pursuant to the consignment note unless and until he receives the information.

(2) Where the Minister receives a consignment note, or a copy of a consignment note he may require the holder of the waste to submit such further information or documentation in relation to the waste concerned as he may require for the purposes of these Regulations.

20. (1) The Minister may, without prejudice to his powers under article 17 or 18, agree to a general notification procedure involving a single consignment note for more than one transfrontier shipment of waste over a period not exceeding one year where the waste comprising each shipment--

( a ) will have the same physical and chemical characteristics, and

( b ) will be transported to the same consignee through the same customs office of exit of the Member State of dispatch, via the same customs office of entry to the State and in the case of transit, via the same customs offices of entry and exit of the State.

(2) The Minister may, as a condition of his agreement to the use of a general notification procedure under sub-article (1), require the furnishing to him of prior information on the exact quantities and composition of the wastes in each shipment.

21. Where waste from a third state is being transported through the State directly to another third state--

( a ) the carrier shall give a copy of the consignment note to the office of Customs and Excise through which the waste is to leave the State and that office shall forward the copy to the Minister.

( b ) the holder of the waste, or his agent in the State, shall declare or certify to the Minister, not later than six weeks after the waste has left the State, that the waste has reached its proper destination and shall indicate the office of Customs and Excise through which the waste left the State.

22. (1) A consignee in the State shall take measures to ensure that, before a transfrontier shipment of waste is consigned to him, the holder of the waste has sent a copy of the completed consignment note to the Minister and that--

( a ) a copy of the consignment note, including the acknowledgement, will accompany each relevant consignment of waste,

( b ) any carrier of the waste will duly complete the consignment note.

(2) A consignee in the State shall, within 15 days of receipt of a transfrontier shipment of waste, duly complete the relevant consignment note and forward a copy to the holder, to the Minister, and to the competent authority of any Member State or third state concerned.

(3) A consignee in the State shall not accept a transfrontier shipment of waste unless it is accompanied by a duly completed consignment note.

23. (1) A consignee in the State of a transfrontier shipment of waste from non-ferrous metals intended for re-use, regeneration or recycling in the State on the basis of a contractual agreement shall--

( a ) take measures to ensure that prior to any transfrontier shipment of such waste the holder of the waste has made a declaration to the Minister in the form of the uniform document,

( b ) furnish a declaration to the Minister within 15 days of receipt of the waste that he will carry out the re-use, regeneration of recycling operations specified in agreement.

(2) A consignee in the State shall not accept a transfrontier shipment of waste for re-use, regeneration or recycling unless it is accompanied by a duly completed uniform document.

24. A consignee or carrier of waste shall, insofar as he has custody or control of a transfrontier shipment of waste imported into the State or in transit through the State ensure that--

( a ) the waste is properly packed,

( c ) the waste is accompanied by a statement indicating the instructions to be followed in the event of danger or accident.

25. The provisions of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ) shall cease to apply as respects the transportation within the State of waste which is being imported into the State, or is in transit through the State, in accordance with these Regulations.

PART IV ENFORCEMENT AND PENALTIES

26. In this Part, "authorised person" means a person appointed by the Minister or by a local authority to be an authorised person for the purpose of these Regulations.

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

( a ) enter, inspect, examine and search at any reasonable time any structure, premises, land, vehicle or container on or in which he has reason to believe that hazardous waste constituting or forming part of a transfrontier shipment is being stored or transported,

( b ) require the person who appears to him to be in charge of such structure, premises, land, vehicle or container to produce any such waste which is in the possession or under the control of that person and may require such person, or any person employed in or on such structure, premises, land, vehicle or container to produce any books, records or other documents which relate to such waste,

( c ) make such examination and inquiry and take such samples of the waste or other matter as may be necessary for the enforcement of these Regulations.

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

(3) The reasonable cost of taking and analysis of any sample under this article shall be payable by the holder of the hazardous waste to the local authority or the Minister, as the case may be.

28. The Minister, a local authority or any other person who issues or receives any document pursuant to these Regulations shall, unless otherwise provided by these Regulations, retain the document or a copy thereof for at least two years.

29. (1) A person who contravenes or fails to comply with a provision of these Regulations or who, in completing any notification or other document referred to in these Regulations, or otherwise, furnishes information which is false or to his knowledge misleading in a material way or who obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or at the discretion of the court to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

(2) It shall be a good defence to a prosecution for an offence under these Regulations for the person charged to prove that he took all reasonable care to ensure compliance with the requirements of these Regulations.

(3) A prosecution for an offence under these Regulations may be taken by the Minister or by a local authority, whether or not the offence occurred in the authority's functional area.

30. (1) The Minister may, after consultation with the Commission, designate the locations at which transfrontier shipments of hazardous waste may enter or leave the State.

(2) Where locations have been designated under sub-article (1), a person shall not export from, or import into, the State hazardous waste except at a designated location.

(3) Notice of any designation under this article shall be published in the Iris Oifigiúil.

FIRST SCHEDULE

Article 2 (1)

HAZARDOUS SUBSTANCES

1	Arsenic; arsenic compounds
2	Mercury; mercury compounds
3	Cadmium compounds
4	Thallium; thallium compounds
5	Beryllium; beryllium compounds
6	Chrome 6 compounds
7	Lead; lead compounds
8	Antimony; antimony compounds
9	Phenols; phenol compounds
10	Cyanides, organic and inorganic
11	Isocyanates
12	Organic-halogen compounds, excluding inert polymeric materials.
13	Biocides and phyto-pharmaceutical substances
14	Tarry materials from refining and tar residues from distilling
15	Pharmaceutical compounds
16	Peroxides, chlorates, perchlorates and azides
17	Ethers
18	Chemical laboratory materials, not identifiable and/or new, whose
	effects on the environment are now known
19	Asbestos (dust and fibres)
20	Selenium; selenium compounds
21	Tellurium; tellurium compounds
22	Aromatic polycyclic compounds (with carcinogenic effects)
23	Metal carbonyls
24	Soluble copper compounds
25	Acids and/or basic substances used in the surface treatment and finishing of metals

SECOND SCHEDULE

Page 1

Article 7 (1)

(1) Enter X in the appropriate box

Page 2

(1) Enter X in the appropriate box

Page 3

(1) Enter X in the appropriate box

Back of Page 3

IMPORTANT NOTES

The boxes underneath must contain

-- the name and christian name, or the company name and the full address of the carrier.

-- the nature and the registration number or the name of the means of transport

-- the date of which the waste was collected for carriage.

-- the signature of the carrier or his representative, the name and christian name of the person to be contacted and his telephone and telex number

BY SIGNING THIS FORM, THE CARRIER OR HIS REPRESENTATIVE CERTIFIES THAT THE INFORMATION HE HAS PROVIDED IS CORRECT

34 SUCCESSIVE INTENDED CARRIER OR NEW CARRIERS IN THE CASE OF FORCE MAJEURE
Name and full address	Date Signature of carrier or his representative: Person to be contacted:
Identity of means of transport	Tel:	Telex
Name and full address	Date Signature of carrier or his representative: Person to be contacted:
Identity of means of transport	Tel:	Telex
Name of full address	Date Signature of carrier or his representative: Person to be contacted:
Identity of means of transport	Tel:	Telex

35 ENDORSEMENT BY THE CUSTOMS OFFICE OF EXIT FROM THE COMMUNITY
The waste described overleaf has left the Community on
Signature:	Stamp:
NOTE The Customs office must send this copy to the competent authority of the Member State to which the office belongs

36 TRANSLATION OF PARTICULARS SHOWN IN BOX 27 OVERLEAF
ESPAÑOL	polvo	pulverulento	sólido	pastoso	viscoso	fangoso	liquido	gaseoso
DANSK	pulveragtig	støvagtig	fast	pastaagtig	tyktflydende	slamagtig	flydende	luftformig
DEUTSCH	pulverförmig	staubformig	fest	pastos	breiig	schlammig	flussig	gasförmig
	okóvn
ENGLISH	powder	powdery	solid	paste	viscous	sludge	liquid	gaseous
FRANÇAIS	poudreux	pulvérulent	solide	pâteux	sirupeux	boueux	liquide	gazeux
ITALIANO	polvere	polverulento	solido	vischioso	sciropposo	fangoso	liquido	gassoso
NEDERLANDS	poeder	poederachtig	vast	viskeus	stroperig	slibachtig	vloeibaar	gasvormig
PORTUGUES	em po	pulverulento	sólido	pastoso	viscoso	lamacento	liquido	gasoso

Article 7 (2)

THIRD SCHEDULE

PROVISIONS AND DIRECTIONS CONCERNING CONSIGNMENT NOTES

PROCEDURAL MATTERS

A. A holder of waste shall--

(i) in the case of a single shipment of waste the disposal of which is to take place within the community, send the three copies of the form to the competent authority of the Member State of destination,

(ii) in the case of a single shipment of waste the disposal of which is to take place outside the Community, send the three copies of the form to the local authority for the area in which the waste then is, or the competent authority of the last Member State of transit where such Member State has communicated to the Commission and to other Member States that it intends to exercise the right conferred upon it under article 4 (2) of the Council Directive to issue an acknowledgement or raise an objection in respect of transfrontier shipments to the third state concerned,

(iii) where a general notification covers a number of shipments, send copies 1 and 2 of the form and a number of copies 3 corresponding to the number of shipments to be carried out, to the authority referred to under (i) or (ii), as appropriate,

(iv) in all the cases referred to under (i) to (iii), send a photocopy of copy 1 of the form to the competent authority of any Member State of transit, third state of transit or third state of destination concerned and to the local authority for the area in which the waste then is unless copy 1 has itself been sent to such local authority under (ii) or (iii) above.

B. A local authority issuing an acknowledgment of a consignment note shall keep copy 1 of the form and return copy 2 and all the copies 3 received to the holder of the waste. The holder shall keep copy 2. A photocopy of copy 2 shall be sent by the local authority making the acknowledgement to the competent authority of any Member State or third state concerned and to the consignee.

C. A holder of waste shall, on receipt of an acknowledgment, complete a copy 3 for each consignment to be carried out and send a photocopy of such copy 3 to the competent authority of any Member State or third state concerned before consigning the waste.

D. A transfrontier shipment of waste shall be accompanied by copy 3 duly signed in Box 31 by the first carrier, in Box 34 by any subsequent carrier and in Box 33 by the holder.

E. A carrier shall retain a photocopy of each copy 3 and surrender copy 3 to the consignee of the waste where the consignee is situated in a Member State. Where the waste is to be disposed of outside the Community, copy 3 must be lodged with the customs office through which the waste finally leaves the Community.

DIRECTIONS FOR COMPLETING THE CONSIGNMENT NOTE

A. GENERAL PROVISIONS

1. The form shall be completed in the English language.

2. The form shall be filled in in typescript or in manuscript; in the latter case it must be completed in ink and in printed characters and shall contain no erasures, superimposed corrections or other amendments.

3. Dates shall be indicated by a six digit number, the two first of which show the year, the following two the month, and the last two the day. For example: 30 September 1988 will read: 88 09 30.

4. Signatures shall be original and not be reproduced in any way.

B. DIRECTIONS FOR COMPLETION.

Box 1	--Insert full name or company's name and address, telephone and telex number and, where applicable, the registration number.
Box 4	--Insert full name or company's name and address, telephone and telex number.
	--Enter the permit number granted from the competent authority or the reference to this permit. This is the permit referred to in Article 9 of Directive 78/319/EEC or in Article 6 of Directive 76/403/EEC.
Box 5	--Insert full name or company's name and address, telephone and telex number of the plant or the establishment where the wastes were produced, and the name of the person to be contacted.
	Where the waste was produced by more than one producer, enter the words "SEE ATTACHED LIST", and attach a list indicating the information required for each producer. (If the producer and the holder are one and the same person or company, enter the words "SEE BOX 1" in box 5).
Box 6	--Insert full name or company's name and address, telephone and telex number of the first carrier and, where applicable, the licence number.
	Note: A carrier who is not required to hold a licence should be able to demonstrate that he complies with the rules of the Member States concerned in respect of transport of the wastes designated in the form.
	If more than one carrier is involved, enter the words "SEE ATTACHED LIST" and attach a list indicating the information required for each carrier.
Box 8	--Attach the information, signed by the consignee, relating to the contractual agreement between the holder and the consignee concerning the waste referred to in the notification in question.
	If applicable, attach:
	--list of producers/carriers (Box 5 and 6),
	--details concerning the waste (Box 22),
	--evidence that any third state of destination has agreed to the shipment.
Box 9	--If the wastes were generated by more than one producer, enter "several".
Box 11	--Enter "X" in the appropriate box. If "YES" state the name and full address of the insurer, the number of the policy and the last day of validity of the policy.
Box 13	--Enter the following code number: 1: Sea, 2: Rail, 3: Road, 4: Air, 8: Inland waterway.
Box 14/15	--In the case of a notification for a single shipment, state the intended date of the shipment.
	--In the case of a notification for a series of shipments, state the expected date of the first shipment, and state in Box 15 the expected date of the last shipment.
Box 16	--Enter, in the case of a notification for a series of shipments, the total number (digits) of the planned shipments. This box is not to be filled in in the case of a notification for a single shipment.
Box 18	--Indicate the type of packaging proposed: drums, etc.
Box 19/20	--The code number of the waste in the country of destination shall be entered when such a code is used in the country of destination (Box 20). Any such code number which may be prescribed in the State shall be entered in Box 19.
Box 21	--Enter the intended quantity of the total amount of waste to be shipped.
Box 22	--Indicate the nature and the concentration of the most characteristic or significant components, in terms of the toxicity and other dangers presented by the waste, together with, if possible, an analysis referring to the method of disposal envisaged, particularly in the case of initial shipment.
Box 24	--United Nations classification number.
Box 27	--Enter "X" in the appropriate box.
	Enter the temperature of the waste during the transportation in degrees Celsius. When the outward appearance of the waste shows several forms, enter "X" in the appropriate boxes.
Box 28	--Enter the code number of the competent authority of each Member State on whose territory the shipment will take place.
Box 33	--The full name and status of the signatory must be indicated clearly. The signatures must be original on copies 1 and 2.

C. DIRECTIONS FOR COMPLETION OF COPY 3

Boxes 3, 6, 8, 12, 17, 18, 23, 31 and 33 (and when necessary 34) are to be filled in by the holder with the carrier's agreement after receipt of the acknowledgement by the competent authority.
Box 3	--Indicate the serial number assigned to each shipment (starting with 1).
	Not to be filled in if the notification relates to a single consignment.
Box 8	--Where appropriate, attach any special conditions specified by the local authority or the competent authority of any Member States of transit in relation to the transport of the waste and the instructions to be followed in the event of danger or accident.
Box 12	--Indicate the type and registration number or name of the means of transport (lorry, wagon, ship, aeroplane) on to which the waste is loaded.
Box 17	--Give the date on which the shipment commences.
Box 18	--Give the number (digits) and type of packages containing the waste.
Box 23	--Give the actual net quantity of waste transported.
Box 31/34	--Give the date, and the full name and telephone and telex numbers of the person to be contacted. The signature must be that of the carrier or his authorised representative.
Box 32	--Give the net quantity received, the date and the full name and telephone and telex numbers of the person to be contacted. The signature must be that of the consignee or his authorised representative.
Box 33	--Give the date and the full name and telephone and telex numbers of the person to be contacted. The signature must be that of the holder or his authorised representative.

FOURTH SCHEDULE

Page 1

Article 12

European Community

1 Holder of the waste (name and full address)	DECLARATIONS CONCERNING WASTE FROM NON-FERROUS METALS FOR RE-USE, REGENERATION OR RECYCLING
	No. 1E
1	COPY FOR THE CONSIGNEE OF THE WASTE
2 Consignee of the waste (name and full address)	INSTRUCTIONS
	1. Boxes 1 to 5 and box 7 on the four copies of this form must be completed by the holder of the waste. The form must be completed in typescript or in manuscript; in the latter case it must be completed in ink and in printed capitals. There may be no erasures or superimposed corrections. Amendments must be made by striking through the incorrect particulars and, where appropriate, adding those required. Any such amendments must be initialled by the person making them.

2. Copies 1 and 2 of the form must accompany the waste and be handed to the consignee.

3. The holder of the waste must keep copy 3 of the form and, before the shipment is carried out, send copy 4 to the competent authority of the Member State of destination or, in the case of waste exported from the Community, to the competent authority of the Member State of dispatch and the Member State where the waste will leave the Community (photocopy).

4. The consignee of the waste must complete box 6 on copies 1 and 2, keep copy 1 and send copy 2 to the competent authority of the Member State referred to under 3 above not later than 15 days after receipt of the waste.

THIS FORM MAY BE USED ONLY FOR WASTE COVERED BY ARTICLE 17 OF DIRECTIVE 84/631/EEC
3 Item No.	4 Usual commercial description of the waste		5 Net quantity (kg)

6. Consignee's Declaration		7. The waste described above is intended for:
It is hereby certified that the waste described above will actually be RE-USED, REGENERATED OR RECYCLED		RE-USE, REGENERATION OR RECYCLING on the basis of a contractual agreement with the consignee shown in box 2.
DATE:_______________________________		DATE:__________________________________
SIGNATURE:__________________________		SIGNATURE:____________________________

Page 2

European Community

1 Holder of the waste (name and full address)	DECLARATIONS CONCERNING WASTE FROM NON-FERROUS METALS FOR RE-USE, REGENERATION OR RECYCLING
	No. 1E
2	COPY FOR THE COMPETENT AUTHORITY
2 Consignee of the waste (name and full address)	INSTRUCTIONS 1. Boxes 1 to 5 and box 7 on the four copies of this form must be completed by the holder of the waste. The form must be completed in typescript or in manuscript; in the latter case it must be completed in ink and in printed capitals. There may be no erasures or superimposed corrections. Amendments must be made by striking through the incorrect particulars and, where appropriate, adding those required. Any such amendments must be initialled by the person making them.

2. Copies 1 and 2 of the form must accompany the waste and be handed to the consignee.

THIS FORM MAY BE USED ONLY FOR WASTE COVERED BY ARTICLE 17 OF DIRECTIVE 84/631/EEC
3 Item No.	4 Usual commercial description of the waste		5 Net quantity (kg)

6. Consignee's Declaration		7. The waste described above is intended for:
It is hereby certified that the waste described above will actually be RE-USED, REGENERATED OR RECYCLED		RE-USE, REGENERATION OR RECYCLING on the basis of a contractual agreement with the consignee shown in box 2.
DATE:____________________________		DATE:____________________________________
SIGNATURE:______________________		SIGNATURE:______________________________

Page 3

European Community

1 Holder of the waste (name and full address)	DECLARATIONS CONCERNING WASTE FROM NON-FERROUS METALS FOR RE-USE, REGENERATION OR RECYCLING
	No. 1E
3	COPY FOR THE HOLDER OF THE WASTE
2 Consignee of the waste (name and full address)	INSTRUCTIONS 1. Boxes 1 to 5 and box 7 on the four copies of this form must be completed by the holder of the waste. The form must be completed in typescript or in manuscript; in the latter case it must be completed in ink and in printed capitals. There may be no erasures or superimposed corrections. Amendments must be made by striking through the incorrect particulars and, where appropriate, adding those required. Any such amendments must be initialled by the person making them.

2. Copies 1 and 2 of the form must accompany the waste and be handed to the consignee.

THIS FORM MAY BE USED ONLY FOR WASTE COVERED BY ARTICLE 17 OF DIRECTIVE 84/631/EEC
3 Item No.	4 Usual commercial description of the waste		5 Net quantity (kg)

		7. The waste described above is intended for:
		RE-USE, REGENERATION OR RECYCLING on the basis of a contractual agreement with the consignee shown in box 2.
		DATE:___________________________________
		SIGNATURE:______________________________

Page 4

European Community

1 Holder of the waste (name and full address)	DECLARATIONS CONCERNING WASTE FROM NON-FERROUS METALS FOR RE-USE, REGENERATION OR RECYCLING
	No. 1E
4	COPY FOR THE COMPETENT AUTHORITY
2 Consignee of the waste (name and full address)	INSTRUCTIONS 1. Boxes 1 to 5 and box 7 on the four copies of this form must be completed by the holder of the waste. The form must be completed in typescript or in manuscript; in the latter case it must be completed in ink and in printed capitals. There may be no erasures or superimposed corrections. Amendments must be made by striking through the incorrect particulars and, where appropriate, adding those required. Any such amendments must be initialled by the person making them.

2. Copies 1 and 2 of the form must accompany the waste and be handed to the consignee.

THIS FORM MAY BE USED ONLY FOR WASTE COVERED BY ARTICLE 17 OF DIRECTIVE 84/631/EEC
3 Item No.	4 Usual commercial description of the waste		5 Net quantity (kg)

		7. The waste described above is intended for:
		RE-USE, REGENERATION OR RECYCLING on the basis of a contractual agreement with the consignee shown in box 2.
		DATE:____________________________________
SIGNATURE:______________________________

GIVEN under the Official Seal of the Minister for the Environment

this 27th day of September, 1988.

PADRAIG FLYNN,

Minister for the Environment

EXPLANATORY NOTE.

These Regulations give effect to Council Directive 84/631/EEC of 6th December, 1984, as amended by Council Directive 86/279/EEC of 12th June, 1986, on the supervision and control of transfrontier shipments of hazardous waste as defined in article 2.

The provisions in Part II relate to the export of hazardous waste from the State. They prohibit holders of such waste from commencing a transfrontier shipment until it has been notified to the appropriate authorities and the relevant competent authority has acknowledged the notification. Where the waste is to be exported to a state outside the Communities, the local authority for the area in which the waste is held is responsible for the issue of the acknowledgment, except where the last Member State of transit assumes this role. There is provision for a single pre-notification of a series of consignments over a period not exceeding one year where such consignments have the same physical and chemical characteristics. Provision is also made for a simplified notification procedure for consignments of waste from non-ferrous metals intended for re-use, regeneration or recycling.

Under Part III, which relates to imports of hazardous waste to the State, the Minister for the Environment is the competent authority for the purposes of issuing an acknowledgment or objection. A consignee is prohibited from accepting hazardous waste from outside the State for disposal in the State unless it is accompanied by the appropriate acknowledgment and carriers are prohibited from handling such waste unless the consignment is accompanied by the appropriate documentation.

Part IV makes provision with respect to offences and penalties. Lists of the competent authorities in Member States are published in the Official Journal of the European Communities.

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 248/1988 -- The European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988.