IRISH ENVIRONMENTAL LEGISLATION

These Regulations provide for amendments to the Sea Pollution (Prevention of Oil Pollution) Regulations 2007 ( S.I. No. 788 of 2007 ), which give effect to Annex I of the International Convention for the Prevention of Pollution from Ships, adopted by the International Maritime Organization on 2 November, 1973 and as amended by its Protocol adopted on 17 February, 1978, (MARPOL 73/78) and as further amended under a resolution adopted by the Marine Environment Protection Committee (MEPC) of the International Maritime Organization.

These Regulations give effect to further provisions of Annex IV of the International Convention for the Prevention of Pollution from Ships, adopted by the International Maritime Organisation on 2 November, 1973 and as amended by its Protocol adopted on 17 February, 1978, and as further amended by the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation under Resolutions recently adopted.

These Regulations provide for control of sewage originating from spaces on ships containing living animals and for inspection and control of non-Irish MARPOL Annex IV ships in Irish ports which do not have adequate sewage regulation facilities or practice.

Section 29 of the Sea Pollution Act, 1991 provides for penalties for breaches of these Regulations.

Chemicals Act 2008 (Commencement) Order 2008

These Regulations amend the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 ( S.I. No. 116 of 2003 ) as last previously amended by the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2006 ( S.I. No. 25 of 2006 ).

The Regulations transpose Directive 2006/121/EC of the European Parliament and of the Council of 18 December 2006 amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No. 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency.

The Regulations, inter alia, replace Regulations 5, 6, and 7 (relating to Competent Authority, Placing on the Market and Testing and assessment of properties of substances, respectively) and revoke Regulations 10 to 18, 24, 25 and 27 of and Schedules 6, 8 and 9 to the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 relating to Full Notification, Reduced Notification for substances placed on the market in quantities of less than one tonne per annum, Substances Notified at least 10 years previously, Notification of Polymers, Pre-marketing Notification Period, Exemptions from the notification requirements, Follow up Information, Re-notification of the same substance and avoidance of duplicate testing in vertebrate animals, Confidentiality of data, Safety Data Sheet, Supply of Substances, Fees Payable by Notifier, Annex VIIA, Annex VIIB, Annex VIIC, Annex VIID and Annex VIII: Information required for the Technical dossier, Obligatory Headings for Safety Data Sheets and Fees Payable by Notifier, respectively. The matters covered by the revoked provisions, (other than Regulations 25 and 27 and Schedules 6 and 9 which are consequential amendments) are now provided for directly in the REACH Regulation (EC) No. 1907/2006.

The definitions of "Annex V", "Annex VII.A", "Annex VII.B", "Annex VII.C", "Annex VII.D". "Annex VIII", "notification", "polymer", "process-orientated research and development" and "scientific research and development" are deleted from the 2003 Regulations.

References in the 2003 Regulations to Annexes VII A, VII B, VII C, VII D and VIII of Council Directive 67/548/EEC shall be construed as references to the corresponding Annexes VI, VII, VIII, IX, X and XI of the REACH Regulation.

Schedule 5 to the 2003 Regulations (Annex VI of Directive 67/548/EEC as amended) is replaced in full by the provisions set out in the Schedule to these Regulations for ease of reference. The relevant changes incorporated in the latest text of Schedule 5 are the substitution, in accordance with Article 13(2) of Regulation (EC) No. 1907/2006 and Commission Regulation (EC) No. 440/2008, of—

"(a) the words "Commission Regulation (EC) No. 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)" for "Annex V" and "Annex V to this Directive" in each place where they occur;

(b) in section 1.6.1, for point (a) the following:

"(a) as regards substances for which information specified in Annexes VI, VII and VIII of Regulation (EC) No. 1907/2006 is required, most of the necessary data for classification and labelling appear in the base set. This classification and labelling must be reviewed, if necessary, when further information is available (Annexes IX and X of Regulation (EC) No. 1907/2006):";

(c) in section 5.1, for the second paragraph the following:

"The criteria set out below follow directly from the test methods set out in Commission Regulation (EC) No. 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) in so far as they are mentioned. The test methods required for the base set referred to in Annexes VII and VIII of Regulation (EC) No. 1907/2006 are limited and the information derived from them may be insufficient for an appropriate classification. Classification may require additional data derived from Annexes IX or X of Regulation (EC) No. 1907/2006 or other equivalent studies. Furthermore, classified substances may be subject to review in the light of other new data."

and

(d) in section 5.2.1.2 for the second sentence in the second paragraph the following:

"Such additional scientific evidence should normally be based on the studies required by Annex IX of Regulation (EC) No. 1907/2006, or studies of equivalent value and could include,".

1 OJ No. L396, 30.12.2006, p. 850 and Corrigendum OJ No. L136, 29.5.2007, p. 281.

2 OJ No. L 136, 29.05.2007, p. 3.

3 OJ No. L196, 16.8.1967, p. 1.

40 OJ. No. L 212, 7.8.2001, p.24.

41 OJ. No. L 225, 21.8.2001, p.1.

41A OJ No. L396,30.12.2006, p.850 and Corrigendum OJ No. L136, 29.05.2007, p. 281.

2 OJ No. L136,29.05.2007, p.3.

64 This Article corresponds to Regulation 8.

65 This Article corresponds to Regulation 9.

66 These Articles correspond to Regulations 19, 20 and 21.

68 This Article corresponds to Regulation 2(2).

69 J.R. Young, M.J. How, A.P. Walker and W.M.H. Worth (1988) "Classification as corrosive or irritant to skin of preparations containing acidic or alkaline substances, without testing on animals" Toxic. in vitro 2(1): 19-26

70 This Annex corresponds to Schedule 2.

71 This Annex corresponds to Schedule 3.

72 This Annex corresponds to Schedule 4.

73 This Article corresponds to Regulation 22(2)(b).

These Regulations make technical amendments to the European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 ( S.I. No. 62 of 2004 ) as amended by the European Communities (Classification, Packaging and Labelling of Dangerous Preparations) (Amendment) Regulations 2007 ( S.I. No. 76 of 2007 ) by revoking—

(a) (through substituted text) the words "and safety data sheets" in Regulation 3(4),
(b) Regulations 12(2)(e), 18 and Schedule 12,
(c) the words "or safety data sheet" in Regulation 19(1)(a),
(d) the reference to "Regulation 18" in Regulation 23,
(e) Part C of Schedule 7, and
(f) the words "in the format foreseen in Regulation 18" in both places where they occur in Schedule 11.

These amendments are in accordance with—
(i) Article 139 (Repeals), "Directive 91/155/EEC shall be repealed.", and
(ii) Article 140 (Amendment of Directive 1999/45/EC), "Article 14 of Directive 1999/45/EC shall be deleted." of—

Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH) and establishing a European Chemicals Agency.

The matters covered by the revoked provisions are now provided for directly in the REACH Regulation (EC) No. 1907/2006.

1 OJ No. L 136, 29.05.2007, p. 3.

European Communities (Export and Import of Certain Dangerous Chemicals) (Industrial Chemicals) (Enforcement) (Revocation) Regulations 2008

These Regulations are designed to promote the recycling of waste batteries. They will facilitate in particular the achievement of the targets for the collection, treatment, recycling and disposal of waste batteries in an environmentally sound manner established by European Parliament and Council Directive 2006/66/EC on batteries and waste batteries and repealing Directive 91/157/EEC.

The Regulations impose obligations on persons who supply batteries to the Irish market, whether as retailers, importers or manufacturers. An exemption from these obligations is available to persons who participate in a scheme for the collection, treatment, recycling and disposal of waste batteries in an environmentally sound manner operated by an approved body.

1 O.J. No. L266, 26.9.2006, p.1 as amended by corrigendum (O.J. No L311, 10.11.2006, p. 58).

2 O.J. No. L78, 26.3.1991, p. 38 as amended by Commission Directive 98/101/EC (O.J. No L1, 5.1.1999, p.1).

3 O.J. No. L114, 27.4.2006, p.9.

4 O.J. No. L377, 31.12.1991, p. 20 as last amended by European Parliament and Council Regulation (EC) 166/2006 of 18 January 2006 (O.J. No L33, 4.2.2006, p.1).

5 O.J. No. L37, 13.2.2003, p. 24 as amended by European Parliament and Council Directive 2003/108/EC of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (O.J. No. L345, 31.12.2003, p. 106).

6 O.J. No. L144, 4.6.1997, p. 19 as last amended by Directive 2005/29/EC (O.J. No. L149, 11.6.2005, p. 22).

7 O.J. No. L144, 4.6.1997, p. 19 as last amended by Directive 2005/29/EC (O.J. No. L149, 11.6.2005, p. 22).

8 O.J. No. L269, 21.10.2000, p. 34 as last amended by Council Decision 2005/673/EC (O.J. No. L254, 30.9.2005, p. 69).

9 O.J. No. L 190, 12.7.2006, p 1 as last amended by Commission Regulation (EC) No 1379/2007 (O.J. No. L 309, 27.11.2007, p 7).

10 O.J. No. L166, 1.7.1999, p. 6 as last amended by Commission Regulation (EC) No 105/2005 (O.J. L 20, 22.1.2005, p. 9).

11 O.J. No. L 316, 4.12.2007, p 6.

12 O.J. No. L114, 24.4.2001, p. 1 as last amended by Commission Regulation (EC) No. 196/2006 (O.J. No. L32, 4.2.2006, p. 4.

The purpose of these Regulations is to amend Article 9 of the Planning and Development Regulations 2001 to provide for the reinstatement of an exemption where an appropriate assessment has been concluded satisfactorily.