S.L. 549.63 Art. 10BRecovery.

(1) The Minister, in collaboration with the competent authority and the Agency, shall take the necessary measures to ensure that waste undergoes preparing for re-use, recycling or other recovery operations, in accordance with regulation 4A and the principles set out in paragraph 3 of Part 1 of Schedule 5.

(2) Where necessary to comply with sub-regulation (1), and to facilitate or improve preparing for re-use, recycling and other recovery operations, waste shall be subject to separate collection and shall not be mixed with other waste or other materials with different properties.

(3) The competent authority may grant derogations from sub-regulation (2) provided that at least one of the following conditions is met:

(a) collecting certain types of waste together does not affect their potential to undergo preparing for re-use, recycling or other recovery operations in accordance with regulation 4A and results in output from those operations which is of comparable quality to that achieved through separate collection;

(b) separate collection does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;

(c) separate collection is not technically feasible taking into consideration good practices in waste collection;

(d) separate collection would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility: Provided that the competent authority shall regularly review derogations under this paragraph taking into account good practices in separate collection of waste and other developments in waste management: Provided further that a request for a derogation under this regulation shall be made in writing to the competent authority and the competent authority shall decide on a case-by-case basis.

(4) The Minister, in consultation with the competent authority and the Agency, shall take measures to ensure that waste that has been separately collected for preparing for re-use and recycling is not incinerated, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which incineration delivers the best environmental outcome in accordance with regulation 4A.

(5) Where necessary to comply with sub-regulation (1), and to facilitate and improve recovery, the Minister, in consultation with the competent authority, shall take the necessary measures, before or during recovery, to remove hazardous substances, mixtures and components from hazardous waste with a view to their treatment in accordance with regulation 4A and paragraph 3 of Part 1 of Schedule 5.