IRISH ENVIRONMENTAL LEGISLATION

The Government, on the request of the Minister for Communications, Marine and Natural Resources and in exercise of the powers conferred on them by section 2(1) of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 (No. 28 of 1977), hereby order as follows:

1. This Order may be cited as the Marine (Delegation of Ministerial Functions) (No. 4) Order 2005.

2. The powers and duties of the Minister for Communications Marine and Natural Resources conferred on him by the European Communities (Sea Fisheries) Irish Sea Herring Fishing (Licensing) Regulations 2005 ( S.I. No. 547 of 2005 ) are delegated to Pat the Cope Gallagher, Minister of State at the Department of Communications, Marine and Natural Resources.

These Regulations amend Article 16 of the European Communities (Water Policy) Regulations, 2003 (which relates to the establishment of River Basin District Advisory Councils) in relation to matters such as the size, composition duration and time of establishment of the councils. The Regulations also amend the list of relevant public authorities in the First Schedule of the 2003 Regulations.

(1) OJ No. L327, 22.12.2000, p. 1.

The Government made this Order to delegate to Pat the Cope Gallagher T.D., Minister of State at the Department of Communications, Marine and Natural Resources, functions of the Minister for Communications, Marine and Natural Resources under the recent Acts and Regulations referred to in the Order.

This Order complements the 3 Government Orders previously made in favour of Minister Gallagher in his current position:

S.I. No. 703 of 2004 - covering all Acts relating to marine matters which are administered by the Department of Communications, Marine and Natural Resources

S.I. No. 769 of 2004 - covering Acts administered by other Departments, as well as European Communities Regulations, relating to marine matters.

S.I. No. 82 of 2005 - covering European Communities (Live Bivalve Molluscs Regulations 1996 to 2000.

These Regulations are designed to minimise waste arisings of certain hazardous substances by prohibiting the use of certain heavy metals in electrical and electronic equipment as required by Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

The Regulations impose obligations on persons who supply electrical and electronic equipment to the Irish market, whether as retailers, importers or manufacturers.

1 O.J. No. L37, 13.02.2003, p.19.

2 O.J. No. L144. 04.06.1997, p.19

3 O.J. No. L37, 13.02.2003, p.24.

4 O.J. No. L345, 31.12.2003, p.106.

These Regulations are designed to promote the recovery of waste electrical and electronic equipment. They will facilitate in particular the achievement of the targets for the collection, treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner established by Directive 2002/96/EC on waste electrical and electronic equipment as amended by Directive 2003/108/EC.

The Regulations impose obligations on persons who supply electrical and electronic equipment 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, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner operated by an approved body.

1 O.J. No. L37, 13.02.2003, p.24.

2 O.J. No. L345, 31.12.2003, p. 106.

3 O.J. No. L196, 16.08.1967, p.1.

4 O.J. No. L200, 30.07.1999, p.1.

5 O.J. No. L144, 04.06.1997, p.19.

6 O.J. No. L194 . 05.07.1975, p. 39.

7 O.J. No. L37. 13.02.2003. p.19.

1 O.J. No. L243 24.9.1996. p.31.

2 O.J. No. L343. 13.12.1997. p.19.

3 O.J. No. 1 159, 29.6.1996. p.1.

4 O.J. No. L244, 29.9.2000. p.1.

The purpose of these Regulations is to amend the Waste Management Act 1996 for the purpose of giving legislative effect in Ireland to two EU Directives:

— EU Directive 2002/95/EC on the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS), and

— EU Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) as amended by Directive 2003/108/EC of 8 December 2003.

These Regulations are designed to

— promote the recovery of waste electrical and electronic equipment. They will facilitate in particular the achievement of the targets for the collection treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner established by Directive 2002/96/EC on waste electrical and electronic equipment.

— minimise waste arisings of certain hazardous substances by prohibiting the use of certain heavy metals in electrical and electronic equipment as required by Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

The Regulations will facilitate the imposition of obligations on persons who supply electrical and electronic equipment to the Irish market, whether as retailers, importers or manufacturers. An exemption from these obligations will be available to persons who participate in a scheme for the collection, treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner operated by an approved body.

1 O.J. No. L 37/19, 13 February, 2003.

2 O.J. No. L 37/24, 13 February, 2003.

1 O.J. No. L 345/106, 31 December, 2003

2 O.J. No. L 196/1, 16 August, 1967

3 O.J. No. L 200/1, 30 July, 1999

4 O.J. No. L 144/19, 04 June, 1997

1 O.J. No. L194/39, 25 July, 1975

The Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act 2003 amends the Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988-1998, in order to provide for compensation to be paid to victims of oil pollution from tankers to be increased in line with internationally agreed levels.

This includes certain provisions that give effect to the Protocol of 2003 to the International Convention on the establishment of an International Fund for Compensation for Oil Pollution Damage, 1992. The Protocol establishes a Supplementary Fund, which increases almost four-fold the amount of compensation available.

This Commencement Order gives effect to those provisions.

An Act To Give Effect To The International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea, 1996, Done At London On The 3rd Day Of May, 1996; To Give Effect To The Protocol Of 1996 To Amend The Convention On Limitation Of Liability For Maritime Claims, 1976, Done At London On The 2nd Day Of May, 1996, And For That Purpose To Amend The Merchant Shipping (Liability Of Shipowners And Others) Act 1996; To Amend The Oil Pollution Of The Sea (Civil Liability And Compensation) Act 1988; And To Provide For Matters Connected Therewith.