IRISH ENVIRONMENTAL LEGISLATION

These Regulations make provisions necessary for the purposes of full and effective implementation in Ireland of Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer. The main provisions of the Regulations are:
? article 6- designation of the Environmental Protection Agency as competent authority for the purposes of Regulation 2037/2000;
? article 7- designation of a number of competent bodies to administer specific provisions of Regulation 2037/2000 in Ireland;
? article 8- various requirements to be met by persons whose business involves the use of controlled substances, or the marketing, maintenance or servicing of products or equipment which contain controlled substances;
? article 9- various qualification requirements for persons whose business or employment involves -
? leakage control, recovery, recycling, reclamation or destruction of controlled substances;
? installation, servicing, maintenance, dismantling or disposal of refrigeration, air-conditioning and heat pump equipment in which controlled substances are used;
? installation, servicing, maintenance, dismantling or disposal of fire protection systems and fire extinguishers, in which controlled substances are used; and
? fumigation using methyl bromide; and
? article 10- various reporting requirements, including requirements for persons whose business involves the use of controlled substances;

The competent body functions assigned to the Minister for Transport under Article 7 will be administered by the Maritime Safety Directorate.

Under article 12, it is an offence to contravene or to fail to comply with the provisions of these Regulations. A person found guilty of an offence shall be liable to a fine of up to €3,000 or imprisonment for a term of up to one year, or both.

1 OJ L 244/6 of 29.9.2000

2 OJ L 244/6 of 29.9.2000

3 OJ L 244 of 29.9.2000

4 OJ L 244 of 29.9.2000

5 OJ L 265 of 16.10.2003

6 OJ L 65 of 8.3.2003

7 OJ L 71 10.3.2004

These Regulations amend the Waste Management (Landfill Levy) Regulations 2002. The Regulations provide that the levy payable on waste disposed of at an unauthorised landfill after the 28 July 2006 is increased to €20 per tonne, an increase of €5 per tonne on the rate which has applied from 1 June 2002 to waste disposal at such sites up to 27 July 2006. The regulations also provide that the percentage of the monies received from such a levy that can be retained by the local authorities is increased to 80% and shall be used for enforcement activities.

These Regulations amend Schedules 1 and 3 to the European Communities (Dangerous Substances and Preparations) Marketing and Use) Regulations, 2003 ( S.I. No. 220 of 2003 ), as previously amended by the European Communities (Dangerous Substances and Preparations)(Marketing and Use)(Amendment) Regulations 2003 ( S.I. No. 503 of 2003 and the European Communities (Dangerous Substances and Preparations)(Marketing and Use)(Amendment) Regulations 2004 ( S.I. No. 852 of 2004 ).

Environmental Protection Agency Act 1992 (Established Activities) (Amendment) Order 2006

These Regulations amend the Waste Management (Packaging) Regulations 2003 as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 and are designed to promote the recovery and recycling of packaging waste. They are intended, in particular, to facilitate the achievement of the targets for the recovery of packaging waste established by Directive 94/62/EC on packaging and packaging waste as amended by European Parliament and Council Directive 2004/12/EC of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste, so that by 31 December 2011: -

(a) a minimum of 60% of packaging waste by weight is recovered; and
(b) a minimum of 55% of packaging waste by weight is recycled in total, including material specific recycling targets as follows: -
(i) 60% by weight for glass,
(ii) 60% by weight for paper and board,
(iii) 50% by weight for metals,
(iv) 22.5% by weight for plastics, and
(v) 15% by weight for wood.

1 O.J. No. L 365, 31.12.1994, page 10.

2 O.J. No. L 47, 18.02.2004, page 26.

This Order, which should be read in conjunction with section 82 (6) of the Environmental Protection Agency Act 1992 (as amended by the Protection of the Environment Act 2003 ), specifies dates on which the established activities concerned are required to have applied to the Environmental Protection Agency for an integrated pollution prevention and control licence.

These Regulations extend the fee scales set in accordance with the Environmental Protection Agency (Licensing Fees) Regulations 1994 to 2004 to reviews of licences under section 82(10) of the Environmental Protection Agency Act 1992 (as amended by the Protection of the Environment Act 2003 ) which are for the purposes of ensuring that licences conform with the requirements of Council Directive 96/61/EC concerning integrated pollution prevention and control.

The Regulations also provide the Agency with a more flexible framework than heretofore to abate or refund licensing fees.

These Regulations designate the Environmental Protection Agency as Focal Point for the purposes of Article 6 of the Kyoto Protocol and National Authority for the purposes of Article 12 of the Kyoto Protocol. In this capacity, any person in Ireland may apply to the Agency for approval in respect of a project activity under the Joint Implementation or Clean Development Mechanisms respectively provided for under Article 6 and 12 of the Kyoto Protocol.

The Regulations stipulate that, as a minimum, applications should contain a project design document for the proposed project activity, a declaration by the applicant that information submitted is complete and accurate, and a letter of a approval from the Focal Point or National Authority for the host country. The Regulations allow the Agency to require additional information to be submitted with applications.

The Regulations do not apply to a proposed project activity to be carried out in Ireland. The Regulations prohibit the Agency from approving a proposed project activity where certified emission reduction units or emission reduction units will be generated from a nuclear facility.

Each application shall be accompanied by a fee, which will be proportionate to the emissions reductions expected to be achieved by the project, subject to a minimum fee of €500 and a maximum fee of €5,000. This fee shall be payable to the Agency and is intended to defray the costs of the Agency’s activities as Focal Point and National Authority.

The Regulations also provide for the establishment of a registry for the purposes of Article 7(4) of the Protocol and the decisions adopted pursuant to the Convention and the Protocol, in particular Decision 19/CP.7 of the Conference of the Parties to the Convention which requires each Party included in Annex I to the Convention to establish and maintain a registry to ensure accurate accounting of emission reduction units (ERUs), certified emission reduction units (CERs), assigned amount units (AAUs) and removal units (RMUs).

1 OJ L 275/32 of 25.10.2003

2 OJ L 257/26 of 10.10.1996

3 OJ L 338/18 of 13.11.2004