Waste Management (Tyres and Waste Tyres) Regulations 2017.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Waste Management (Tyres and Waste Tyres) Regulations 2017.
(2) Parts IV, V, VI, VII, VIII, IX and X shall come into operation on 1 October 2017.
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paragraphs: In these Regulations, save where the context otherwise requires:
(i) create a risk to waters, the atmosphere, land, soil, plants or animals,
(ii) adversely affect the visual impact of the landscape,
(iii) pose a fire risk by virtue of the manner in which the waste tyres are being stored or, as appropriate,
(iv) become mixed with other waste streams when stored;
(i) in exchange for any consideration other than money,
(ii) as a prize, or
(iii) as a gift.
(i) manufactures tyres for placement of said tyres on the market in the State;
(ii) imports tyres on a professional basis into the State;
(iii) manufactures original equipment which places tyres on the market in the State;
(iv) imports vehicles which place tyres on the market in the State;
(v) imports for the purpose of retreading or remoulding tyres for placement of said tyres on the market in the State;
(vi) places tyres on the market in the State on behalf of a producer who is not registered within the meaning of Regulation 9;
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paragraphs: (1) These Regulations shall apply to tyres designed for, fitted to or, as appropriate, removed from any mechanically propelled vehicle or vehicles and any trailer attached thereto as set out in the First Schedule and falling within headings 4011 and 4012 of the CN code.
(2) Without prejudice to paragraph (1), these Regulations shall not apply to tyres falling within subheadings 40113000, 40115000 and 40121300 of the CN code.
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paragraphs: (1) The Minister may undertake, or approve a person or persons, or association, or body corporate to undertake, any or all of the functions provided for in Regulation 7 for the purposes of this Part.
(2) Any person or persons, or association, or body corporate who undertakes all the functions provided for in Regulation 7 shall be known for the purposes of these Regulations as the “registration body”.
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paragraphs: (1) Subject to paragraph (3), the Minister may, by notice in writing, grant approval or may refuse to grant such approval provided for in Regulation 4(1).
(2) An application for approval provided for in Regulation 4 (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) the names and addresses in the State of the officers of the registration body and its board of directors,
(d) proposals relating to corporate governance,
(e) the address of the registration body’s registered office and the address of the secretary, if different from the registered office,
(f) a business plan in relation to the operation of the registration body,
(g) a financial plan in relation to the operation of the registration body,
(h) proposals for the certification of producers for the purpose of Regulation 15,
(i) proposals for an annual audit plan of producers,
(j) proposals for determining the proportion of market share held by individual producers,
(k) proposals for an independent appeals process in the event of an application for registration being rejected or as appropriate revoked in accordance with Regulation 15 (4),
(l) proposals for registration fee structures,
(m) such other information as may be specified in writing by the Minister for the purposes of this Regulation.
(3) An approval in accordance with the provisions of paragraph (1) shall be subject to such conditions as the Minister may specify as appropriate, including conditions relating to matters specified in Regulation 6 and including, but not exclusively,—
(a) the period of approval which shall be for a period of not more than 5 years,
(b) variance in the terms and conditions of approval,
(c) revocation of approval, and
(d) the nature of information (including financial accounts) to be recorded and maintained by the body concerned.
(4) The Minister may, by notice in writing, from time to time vary any condition attached to an approval granted in accordance with the provisions of this Regulation.
(5) The registration body shall be responsible for the effective carrying out of its functions.
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paragraphs: (1) Subject to paragraph (2), where considered necessary, the Minister may review an approval granted in accordance with the provisions of Regulation 5.
(2) Where the Minister proposes to review an approval, the Minister shall—
(a) give notice in writing to the registration body of the proposal and the reasons therefore,
(b) specify a period of not less than 4 weeks within which the registration body may make a submission to the Minister in relation to a review, and
(c) consider any submission so made.
(3) Following the consideration of any submission made in accordance with paragraph (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.
(4) Where an approval, granted in accordance with the provisions of Regulation 5 is due to expire, the registration body—
(a) shall not later than 6 months before the expiry date of the approval, notify the Minister, in writing, whether or not it intends to continue or cease operating as the registration body, and
(b) if intending to continue to operate as the registration body, shall not later than 4 months before the expiry date of the approval, make a submission to the Minister in accordance with the provisions of said Regulation.
(5) Subject to paragraph (6), where it appears to the Minister that the registration body is not complying with conditions attached to such approval, he or she may revoke an approval granted in accordance with the provisions of Regulation 5.
(6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of Regulation 5, the Minister shall—
(a) give notice in writing to the registration body of the proposed decision and the reasons therefore,
(b) specify a period of not less than 4 weeks within which the registration body may make a submission to the Minister in relation to the proposed decision, and
(c) consider any submission so made.
(7) Once an approval granted in accordance with the provisions of Regulation 5—
(a) is revoked by the Minister, or
(b) expires,
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paragraphs: (1) The registration body shall—
(a) establish and maintain a register (hereafter in this Part referred to as ‘the register’) of all producers placing tyres on the market in the State,
(b) provide for the determination of the proportion of market share held by each individual producer placing tyres on the market in the State and notify him or her accordingly,
(c) determine the amount of environmental management cost liability accrued by each producer in accordance with Regulation 42,
(d) advise the approved body of the amount of environmental management cost liability of each producer in respect of the preceding calendar month by a day in the month to be agreed between the registration body and the approved body,
(e) implement an annual audit plan,
(f) cause proper accounts to be kept of all income and expenditure of the registration body in each calendar year, or in the first 2 years of its operations the relevant part thereof, and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the registration body,
(g) in the first 6 months of each year, or by a date specified by the Minister in an approval granted in accordance with Regulation 5, make a report to the Minister of its activities during the preceding calendar year, or in the first 2 years of its operations the relevant part thereof, which shall include a summary of all income and expenditure and balance sheet for that calendar year, or in the first 2 years of its operations the relevant part thereof, and audited accounts in respect of the calendar year, or in the first 2 years of its operations the relevant part thereof, prior to that,
(h) provide such information regarding the operation of the registration body as the Minister may from time to time require,
(i) provide such information to the approved body at a frequency and in a format as shall be agreed between the registration body and the approved body in order to ensure the full traceability of tyres placed on the market by producers,
(j) notify the relevant local authority or, as appropriate, the Agency where it is evident to the registration body that a producer has failed to comply with any provision or provisions of these Regulations and provide information to the relevant local authority or, as appropriate, the Agency in such format and at such frequency as may be determined by the local authority or the Agency, as appropriate.
(2) The registration body shall be prohibited from providing to any person or persons, any information or data either verbally, in written or in electronic form
(a) concerning the quantity of tyres placed on the market attributable to or, as necessary,
(b) that may be used to identify or, as necessary, calculate the market share of
(3) The Minister shall inform an individual producer if he or she proposes to authorise the registration body to provide any information in paragraph (2).
(4) Without prejudice to paragraph (1) the registration body may, where appropriate, procure the services of a—
(a) person or persons,
(b) association or associations or, as appropriate,
(c) body corporate or bodies corporate,
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paragraphs: (1) The registration body or a third party acting on its behalf shall be empowered to—
(a) determine applications for registration of producers or refusals in accordance with the provisions of Regulation 15,
(b) issue certificates of registration and registration numbers,
(c) obtain a statement from the external auditors of any producer, or any approved body relating to financial information or, as appropriate, examine the records of any producer, or approved body acting on behalf of a producer relating to—
(i) the quantities, by weight or, as appropriate, by number of units of tyres placed on the market by a producer, and
(ii) market data including the quantities, by weight or, as appropriate, by number of units, of tyres placed on the market by a producer,
(d) where necessary, receive any subscriptions or make charges to provide for the effective carrying out of its functions,
(e) set the level of any such subscription or charges which it may review from time to time.
(2) Without prejudice to paragraph (1), where any or all of the registration functions are sub-contracted to a third party, the powers laid down in subparagraph (1)(c) shall transfer to the third party concerned.
(3) Without prejudice to paragraph (2), a third party empowered to determine the total quantity of tyres attributable to each individual producer shall be prohibited from providing to any person or persons, including the contracting registration body, any information or data either verbally, in written or in electronic form—
(a) concerning the quantity of tyres placed on the market attributable to or, as necessary,
(b) that may be used to identify or, as necessary, calculate the market share of,
(4) The Minister shall inform an individual producer if he or she proposes to authorise the disclosure of information in paragraph (3).
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paragraphs: Each producer that has placed tyres on the market in the State shall—
(a) be registered with the registration body,
(b) display the registration number issued to him or her in accordance with the provisions of Regulation 8 on any invoice, receipt, credit note, dispatch and delivery docket issued to a customer by him or her,
(c) pay any subscription or charge as may be determined by the registration body or, as appropriate, a third party acting on its behalf, and