IRISH ENVIRONMENTAL LEGISLATION

These Regulations provide for the partial transposition of EU Directive 2009/29/EC which improves and extends the EU Emissions Trading Scheme (ETS) so as to provide for a more efficient, more harmonised and fairer system. The revised ETS Directive (2009/29/EC) provides substantial amendments to the ETS Directive (2003/87/EC). The purpose of these Regulations is to prepare for the revised operation of the EU ETS from 2013 onwards i.e. the third trading period. Specifically, this is to provide for the collection by the EPA of duly substantiated and verified emissions data from installations that will only be covered by the EU ETS from 2013, the publication and submission by the EPA to the European Commission of a national list of installations covered by the Directive, and the consideration in this list of the possible exclusion of certain small installations which are subject to measures that will achieve an equivalent contribution to emission reductions. The Regulations also provide for some amendments to the European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 ( S.I. No. 437 of 2004 ) with respect to enforcement and compliance. For the third trading period, there will be a single EU-wide cap and allowances will be allocated on the basis of harmonised rules. National allocation plans will therefore not be needed any more and as such the relevant provisions of the European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 ( S.I. No. 437 of 2004 ) and the European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2005 ( S.I. No. 706 of 2005 ) will be revoked in advance of the third trading period. Such revocation will be undertaken as part of the transposition of the remaining provisions of the revised ETS Directive. 1 O.J. No. L275 25.10.2003 p. 32 2 O.J. No. L338 13.11.2004 p. 18 3 O.J. No. L8 13.1.2009 p. 3 4 O.J. No. L140 5.6.2009 p. 63 5 O.J. No. L257 10.10.1996 p. 26 6 O.J. No. L240 24.8.1992 p. 8

These Regulations amend the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) as amended by the Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 375 of 2008 ). They transpose European Parliament and Council Directive 2008/112/EC of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures. For the avoidance of doubt any reference to preparations in Annex II to the European Parliament and Council Directive 2002/96/EC on waste electrical and electronic equipment concerning their application in articles 15(4)(e), 21(1), 38(2)(c) and 39(2)(c) shall on and from 1 June 2010 be construed as a reference to mixtures. 1 O.J. No. L 345, 23.12.2008, page 68 2 O.J. No. L 262, 27.9.1976, page 169 3 O.J. No. L 187, 16.7.1988, page 1 4 O.J. No. L 85, 29.3.1999, page 1 5 O.J. No. L 269, 21.10.2000, page 34 6 O.J. No. L 37, 13.2.2003, page 24 7 O.J. No. L 143, 30.4.2004, page 87 8 O.J. No. L 353, 31.12.2008, page 1

These Regulations amend the Waste Management (End-of-Life Vehicles) Regulations 2006 and are intended to give effect to Article 4 of Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures. For the avoidance of doubt, Article 4 of Directive 2008/112/EC amends the meaning of hazardous substances as set out in Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles in accordance with requirements under the globally harmonised system (GHS) on the classification and labelling of chemicals which have been incorporated into Regulation (EC) No. 1272/2008 of 16 December 2008. The Regulations also appoint the Environmental Protection Agency as the competent authority for the enforcement of Part IV of the Waste Management (End-of-Life Vehicles) Regulations 2006 and clarify that the Part IV obligations on producers also apply to persons involved in the sale, supply or use in the State of materials and components in respect of specified vehicles. 1 O.J. No. L 345, 23.12.2008, page 68. 2 O.J. No. L 262, 27.9.1976, page 169. 3 O.J. No. L 187, 16.7.1988, page 1. 4 O.J. No. L 85, 29.3.1999, page 1. 5 O.J. No. L 269, 21.10.2000, page 34; last amended by Commission Decision 2010/115/EU (O.J. No. L 48, 25.2.2010, page 12). 6 O.J. No. L 37, 13.2.2003, page 24. 7 O.J. No. L 143, 30.4.2004, page 87. 8 O.J. No. L 353, 31.12.2008, page 1. 10 O.J. No. L 152, 15.6.2005, page 19; last amended by Commission Decision 2002/525/EC (O.J. No. L 170, 29.6.2002, page 81). 11 O.J. No. L 225, 23.8.2008, page 10.

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas for them. The effect of these Regulations is to designate a site as a Special Protection Area in accordance with Article 4 of the Directive and to provide that contravention of the provisions of these Regulations shall constitute an offence. Under Article 5 of the Directive all species of birds are afforded protection from disturbance, capture and damage to nests and eggs, not just the birds listed on Schedule 3 (with the exception of those birds covered under Articles 7 for hunting, and Article 9 where derogations are listed). Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority.

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas for them. The effect of these Regulations is to designate a site as a Special Protection Area in accordance with Article 4 of the Directive and to provide that contravention of the provisions of these Regulations shall constitute an offence. Under Article 5 of the Directive all species of birds are afforded protection from disturbance, capture and damage to nests and eggs, not just the birds listed on Schedule 3 (with the exception of those birds covered under Articles 7 for hunting, and Article 9 where derogations are listed). Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority.

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas for them. The effect of these Regulations is to designate a site as a Special Protection Area in accordance with Article 4 of the Directive and to provide that contravention of the provisions of these Regulations shall constitute an offence. Under Article 5 of the Directive all species of birds are afforded protection from disturbance, capture and damage to nests and eggs, not just the birds listed on Schedule 3 (with the exception of those birds covered under Articles 7 for hunting, and Article 9 where derogations are listed). Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority.

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas for them. The effect of these Regulations is to designate a site as a Special Protection Area in accordance with Article 4 of the Directive and to provide that contravention of the provisions of these Regulations shall constitute an offence. Under Article 5 of the Directive all species of birds are afforded protection from disturbance, capture and damage to nests and eggs, not just the birds listed on Schedule 3 (with the exception of those birds covered under Articles 7 for hunting, and Article 9 where derogations are listed). Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority.

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas for them. The effect of these Regulations is to designate a site as a Special Protection Area in accordance with Article 4 of the Directive and to provide that contravention of the provisions of these Regulations shall constitute an offence. Under Article 5 of the Directive all species of birds are afforded protection from disturbance, capture and damage to nests and eggs, not just the birds listed on Schedule 3 (with the exception of those birds covered under Articles 7 for hunting, and Article 9 where derogations are listed). Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority.