IRISH ENVIRONMENTAL LEGISLATION

These Regulations give effect to EU Directive 2005/88/EC on Noise Emission in the Environment by Equipment for Use Outdoors

These Regulations provide for certain types of equipment listed in Article 1 of the Directive, which would not able to meet the stage II limits by 3 January 2006 solely for technical reasons, to still be placed on the market and/or put into service by that date.

To be purchased directly from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2, through any bookseller, or by mail order from Government Publications, Postal Trade Section, 51 St. Stephens Green Dublin 2.

These Regulations are also available on the Department’s website at www.entemp.ie

1 OJ No. L344, 27.12.2005, p.44.

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These Regulations give effect to Directive No. 2003/35/EC of the European Parliament and of the Council of 26 May 2003, in so far as the Directive relates to the forest consent system.

These Regulations transpose EU Directive 2002/49/EC relating to the assessment and management of environmental noise. The Directive aims to provide a common framework to avoid, prevent or reduce, on a prioritised basis, the harmful effects of exposure to environmental noise.

For the purposes of these Regulations, environmental noise means unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity including those defined in Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control. Types of noise not included are noise that is caused by the exposed person, noise from domestic activities, noise created by neighbours, noise at workplaces or noise inside means of transport or due to military activities in military areas.

The Regulations set out a two-stage process for addressing environmental noise. Firstly, noise must be assessed through the preparation of strategic noise maps for areas and infrastructure falling within defined criteria, e.g. large agglomerations major roads, railways and airports. Secondly, based on the results of the mapping process, the Regulations require the preparation of noise action plans for each area concerned. The fundamental objective of action plans is the prevention and reduction of environmental noise.

The two-stage process will be implemented in two phases; the first phase involving the areas identified in article 9(1) of the Regulations and the second phase involving the areas identified in article 9(2).

The Regulations designate noise-mapping bodies and action planning authorities for the making of strategic noise maps and action plans. Primary responsibility for both noise mapping and action planning is assigned to local authorities. While a number of other bodies also have noise mapping functions, they will be carried out on behalf of the local authorities concerned.

The Regulations designate the Environmental Protection Agency as the National Authority for the purposes of the Regulations. The Agency’s role includes supervisory, advisory and coordination functions in relation to both noise mapping and action planning, as well as reporting requirements for the purpose of the Directive.

The Regulations provide for strategic noise maps and action plans to be made available to the general public. They also provide for public consultation on proposed action plans, and for the results of public consultation to be taken into account in finalising action plans or reviews of action plans.

The purpose of these Regulations is to transpose Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances as amended by Directive 2003/105/EC of the European Parliament and of the Council.

An Act To Give Effect To The International Convention On Civil Liability For Bunker Oil Pollution Damage 2001 Done At London On 23 March 2001 And To Make Provision For Matters Relating To Council Regulation (Ec) No. 44/2001 Of 22 December 2000 On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil And Commercial Matters In So Far As It Relates To That Convention, To Give Effect To The Protocol 2000 On Preparedness, Response And Co-Operation To Pollution Incidents By Hazardous And Noxious Substances 2000 Done At London On 15 March 2000, To Give Effect To The International Convention On The Control Of Harmful Anti-Fouling Systems Done At London On 5 October 2001, To Give Effect To Annex Vi As Added To The Marpol Convention By The Protocol To That Convention Done At London On 26 September 1997, To Give Effect To The International Convention For The Control And Management Of Ships? Ballast Water And Sediments 2004 Done At London On 13 February 2004, To Amend The Sea Pollution Acts 1991 To 1999, To Amend The Harbours Act 1996 And To Provide For Related Matters.

These Regulations transpose Commission Directive 2004/73/EC of 29 April 2004, the 29th Adaptation to Technical Progress of Council Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances. They amend the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 ( S.I. No. 116 of 2003 ).

The aim of the Regulations is to protect people and the environment from the harmful effects of both new substances and existing dangerous substances. The Regulations apply to all substances which are intended to be placed on the market either on their own or in a preparation, with exceptions for certain categories of substances such as medicinal, cosmetic, pesticide, waste, etc., products which are covered by other Directives.

The Regulations require each manufacturer, importer or other person proposing to place any new chemical on the market for the first time to submit to the competent authority a notification dossier containing details of tests to which the substance has been subjected and the proposed classification and labelling of the substance.

They also require suppliers to put warning labels on containers for dangerous substances and to ensure that the containers are properly designed, constructed and secured to prevent spillage or seepage during normal use. Safety data sheets must be supplied for dangerous substances covered by the Regulations

Commission Directive 2004/73/EC adapts to technical progress for the 29th time. Annexes 1 and V of Directive 67/548/EEC

The Directive adds a number of additional dangerous substances to Annex I, the list of substances classified and labelled as dangerous in the European Community, amends the classification and labelling of a number of other dangerous substances already included in Annex 1, and deletes a number of existing entries in the Annex. In addition, some entries are split as the classification no longer applies to all substances under those entries.

The Foreword to Annex I (as set out in Schedule 1 to the Principal Regulations) is updated to amend the text of Note K. This affects the classification and labelling of substances containing 1.3-butadiene, as this substance has also been classified as a mutagen by the Directive.

Additional toxicological and eco-toxicological test methods are incorporated into Annex V

These Regulations require that waste water treatment plants are so designed, constructed, operated and maintained as to avoid causing nuisance through odours or noise and that the operators of such plants maintain records in this regard and provide a report each year to the Environmental Protection Agency indicating all necessary steps have been taken to comply with these Regulations during the year to which the report relates and detailing any incidents arising from odours or noise in respect of any waste water treatment plant provided by it or on its behalf.

These Regulations transpose Directive 2004/101/EC4 of the European Parliament and of the Council of 27th October 2004 in connection with the Kyoto Protocol’s project mechanisms. The European Community greenhouse gas emissions trading scheme was established pursuant to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003, which was transposed into Irish law in the European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 ( S.I. No. 437 of 2004 ). Trading under the Community Scheme commenced on 1 January 2005.

These Regulations amend S.I. No. 437 of 2004 to allow operators in the Community Scheme to use certified emissions reduction units (CERs) or emissions reduction units (ERUs) for the purposes of compliance with their obligations under the Scheme. An operator in the Community Scheme who wishes to participate in project activities under the Kyoto Protocol’s Flexible Mechanisms (the Clean Development Mechanism and Joint Implementation) or to purchase credits from such project activities, may use the credits for the purposes of meeting the requirement to surrender a number of allowances by 30 April each year equal to the total emissions from the installation during the previous year.

Only certified emissions reductions units (CERs), which arise from projects under the Clean Development Mechanism, may be used by operators for the purposes of compliance during the pilot phase of the Community Scheme (1 January 2005 - 31 December 2007). Thereafter, both certified emissions reductions units and emissions reductions units may be used by operators in the Community Scheme.

The Regulations stipulate that emission reduction units or certified emission reduction units generated from project activities related to nuclear facilities or land use, land use change or forestry project activities may not be used by operators in the Community Scheme.

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

4 OJ L 338/18 of 13.11.2004