Council Regulation (EEC) No. 259/93 provides for the supervision and control of shipments of waste within, into and out of the European Community. While this Council regulation is directly applicable in member states, the Waste Management (Transfrontier Shipment of Waste) Regulations, 1998, provides for certain supporting administrative measures. In particular, they provide that, for the purposes of implementing Council Regulation 259/93, local authorities are the competent authorities in respect of the export of waste from the State, while the Environmental Protection Agency, EPA, is the competent authority in respect of the import of waste into, or its transit through, the State.
Under Council Regulation 259/93, wastes are categorised as either "green list", "amber list" or "red list" wastes. Green list wastes may be exported for recovery without prior notification to relevant competent authorities. Amber list wastes require prior notification and may be exported in the absence of objections from relevant competent authorities within a 30 day period, that is, a tacit consent procedure applies. Red list wastes or wastes not specifically assigned to the green or amber lists, require prior written consent from the relevant competent authorities.
In July 2002, waste from a pharmaceutical company that was subject to an integrated pollution control, IPC, licence granted by the EPA was implicated in the contamination of pig food by the hormonal substance MPA, in Belgium and the Netherlands. It appears that the waste concerned was shipped to Belgium by an Irish waste broker, acting on behalf of the producer, and was classified as green list material. Accordingly, it was not subject to the prior notification procedures laid down for amber and red list wastes. When notified of the contamination problem, the EPA took immediate steps to identify the producer of the waste concerned and halt all further shipments of process waste from that source. The facilities of the producer and broker concerned were inspected and all relevant records held by both parties and the agency were reviewed.