IRISH ENVIRONMENTAL LEGISLATION

Council Directive of 2 April, 1979 on the conservation of wild birds (79/409/EEC) 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 classify 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.

Please note that operations/activities other than those listed at Schedule 3 to these Regulations, such as effluent discharge, building works, aquaculture, fishing or forestry may require a licence or permission.

Council Directive of 2 April, 1979 on the conservation of wild birds (79/409/EEC) 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 classify 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.

Please note that operations/activities other than those listed at Schedule 3 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishing or forestry may require a licence or permission

Council Directive of 2 April, 1979 on the conservation of wild birds (79/409/EEC) 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 classify 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.

Please note that operations/activities other than those listed at Schedule 3 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishing or forestry may require a licence or permission.

These Regulations amend the Waste Management (Packaging) Regulations, 2003 ( S.I. No. 61 of 2003 ), which are aimed at promoting the recovery of packaging waste and facilitating the achievement of packaging waste recovery targets established by European Parliament and Council Directive 94/62/EC on packaging and packaging waste. In particular, these Regulations —

(a) increase the maximum fee applicable to major producers of packaging who register with local authorities for the purposes of fulfilling their obligations under the Regulations other than by participating in an approved scheme from €5,000 to €15,000,

(b) require major producers to publish notices, during the months of March and September each year, in one or more newspapers circulating in the functional area of the local authority in which their premises from which they supply packaging or packaged products is located of the obligation of such major producers to accept from any person free of charge packaging waste of a type or brand supplied by such major producers,

(c) require local authorities to publish notices, at least once in every calendar year, in one or more newspapers circulating in their respective functional areas publicising details of major producers of packaging who have registered with them for the purpose of fulfilling their obligations under the Regulations, including the obligation to accept from any person free of charge packaging waste of a type or brand supplied by such major producers.

These Regulations provide for the amendment of the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979, as previously amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1988, the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1999 and the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002. Under the Regulations, as adapted by section 29 of the Safety, Health and Welfare at Work Act 1989 (No. 7 of 1989), a retail and private petroleum store requires to be licensed by the local or harbour authority or, where the store is owned by such authority, by the National Authority for Occupational Safety and Health.

The Regulations as amended, inter alia, provide for safety requirements in certain circumstances for petrol filling stations, constructed before the 1979 Regulations commenced, to enable them to be licensed to operate until 31 December, 2006.

Safety controls on management and operations are maintained.

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 ).

The new Regulations transpose—

(i) Directive 2003/53/EC of the European Parliament and of the Council of 18 June 2003, which amends for the 26th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement),

(ii) Commission Directive 2004/21/EC of 24 February 2004, relating to restrictions on the marketing and use of "azo colourants" (thirteenth adaptation to technical progress of Council Directive 76/769/EEC),

(iii) Commission Directive 2004/96/EC of 27 September 2004 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of nickel for piercing post assemblies for the purpose of adapting its Annex I to technical progress,

(iv) Commission Directive 2004/98/EC of 30 September 2004 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of pentabromodiphenyl ether in aircraft emergency evacuation systems for the purpose of adapting its Annex I to technical progress, and

(v) replace certain provisions of and retranspose other provisions of Commission Directive 2003/3/EC of 6 January 2003.

Directive 2004/96/EC is transposed through Regulation 3(1)(a) and Schedule A to these Regulations, which come into operation from 1 September 2005.

Directive 2004/21/EC is transposed through Regulation 3(1)(b) and (2), Schedule B, reference number 43, third column, point 1, and Schedule D, "Listing of testing methods", to these Regulations, which come into operation on 31 December 2004.

Directive 2003/53/EC is transposed through Regulation 3(1)(c) and Schedule C, to these Regulations, which come into operation on 17 January 2005.

The other provisions of Schedule B (third column, points 2 to 4) and Schedule D ("List of aromatic amines" and "List of azodyes"), to these Regulations, retranspose relevant provisions of Directive 2003/3/EC, which were first transposed through S.I. No. 503 of 2003 .

Directive 2004/98/EC is transposed through Regulation 3(1)(b) and Schedule B to these Regulations, reference number 44, third column, point 3, which come into operation from 31 December 2004. Points 1 and 2 of the third column at reference number 44 retranspose relevant provisions of Directive 2003/11/EC, which were first transposed through S.I. No. 503 of 2003 .

Reference number 45 of Schedule B to these Regulations retransposes relevant provisions of Directive 2003/11/EC, which were first transposed through S.I. No. 503 of 2003 .

These Regulations prescribe the various organisations for the purposes of selecting candidates for consideration for appointment by the Minister as members of the Advisory Committee of the Environmental Protection Agency and deal with related matters.

These Regulations establish the procedures in Ireland for participation by specified installations in the European Community greenhouse gas emissions trading scheme, in accordance with the provisions of Directive 2003/87/EC of the European Parliament and of the Council of 13th October 2003, establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC concerning integrated pollution prevention and control. The procedures include

• designation of the EPA as the national competent authority;
• application for and issue of greenhouse gas emissions permits to operators of installations, the appropriate conditions to attach thereto, and circumstances for their amendment;
• a requirement for operators of installations to be in possession of a greenhouse gas emissions permit;
• a requirement for operators to surrender allowances, each equivalent to 1 tonne of CO2, within 4 months of each calendar year, equal to the verified quantity of emissions during that year, and their cancellation;
• the development of national allocation plans, in accordance with specified criteria, detailing the amount of allowances to issue to participating installations in each emissions trading period, the issue of these annually, and the amounts that are to be made available free of charge in the initial trading period and the 1st 5 year period thereafter;
• specified reporting, monitoring and verification obligations, to be complied with within 3 months of the end of each calendar year.

The Regulations provide for a bar on the transfer of allowances by installations that do not comply with the reporting and verification requirements, and the payment of penalties by operators who fail to surrender for cancellation allowances equal to emissions during the preceding year. The penalty payment is set at €40 per tonne of CO2 during the initial trading period, rising to €100 for each period thereafter, with a continuing requirement to surrender allowances in the succeeding calendar year in respect of emissions for which penalty payments have been made.