S.I. No. 73/2000 - Waste Management (Hazardous Waste) (Amendment) Regulations, 2000.


In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 7 , 18 , 28 and 29 of the Waste Management Act, 1996 (No. 10 of 1996) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—

1. (1) These Regulations may be cited as the Waste Management (Hazardous Waste) (Amendment) Regulations, 2000.

(2) These Regulations shall come into operation on the 1st day of May 2000.

(3) The purposes for which these Regulations are made include the purpose of giving effect to provisions of Commission Directive 98/101/EC of 22 December 1998 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances(1) .

2. The Waste Management (Hazardous Waste) Regulations, 1998 ( S.I. No. 163 of 1998 ) are hereby amended by—

(a) the substitution of the following article for article 9

“9. (1) A person shall not supply or advertise batteries to which this article applies.

(2) Subject to sub-article (3), this article applies to batteries containing more than 0.0005% of mercury by weight, including such batteries incorporated into an appliance.

(3) This article does not apply to button cells and batteries composed of button cells with a mercury content of 2% or less by weight.”.

(b) the substitution of the following sub-article for sub-article 10(2)—

“(2) This article applies to—

(a) batteries placed on the market as from 18 September 1992, which contain—

(i) more than 25mg of mercury per cell, other than in the case of alkaline manganese batteries,

(ii) in the case of alkaline manganese batteries, more than 0.025% of mercury by weight,

(iii) more than 0.025% of cadmium by weight,

(iv) more than 0.4% of lead by weight,

(b) batteries placed on the market as from 1 January 1999, which contain more than 0.0005% of mercury by weight.”.

Dated this 23rd day of March, 2000.

DAN WALLACE,

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

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

These Regulations amend the Waste Management (Hazardous Waste) Regulations, 1998 for the purpose of implementing Commission Directive 98/101/EC, which adapts to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances.

(1) O.J. No. L 1/1, 5 January 1999