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S.I. No. 123 of
2007
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EUROPEAN
COMMUNITIES (EUROPEAN POLLUTANT RELEASE AND TRANSFER REGISTER) REGULATIONS
2007
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I, DICK ROCHE, Minister for
the Environment, Heritage and Local Government, in exercise of the powers conferred
on me by section 3 of the European Communities Act 1972 (No. 27 of 1972),
and for the purpose of giving full effect to Regulation (EC) No 166/2006 of
the European Parliament and of the Council of 18 January 2006 1 , hereby make the following regulations:
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Notice of the
making of this Statutory Instrument was published in
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“Iris Oifigiúil”
of 27th March, 2007.
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1. These
Regulations may be cited as the European Communities (European Pollutant Release
and Transfer Register) Regulations 2007.
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2. These
Regulations come into operation on 22
March 2007.
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3. (1) In
these Regulations “EC Regulation” means Regulation (EC) No 166/2006 of the European
Parliament and of the Council of 18 January 20061 the text of
which in the English language is set out for convenience of reference in the
Schedule to these Regulations;
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(2) A word or
expression which is used in these Regulations and which is also used in the
EC Regulation has, unless the context otherwise requires, the same meaning
in these Regulations as it has in the EC Regulation.
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4. For the
purposes of these Regulations and the EC Regulation the Environmental
Protection Agency is the competent authority in the State.
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5. An
operator shall, not later than 31 March in each year, furnish to the Environmental
Protection Agency information, of such nature and in such form as shall be
specified by the Environmental Protection Agency, in relation to releases of
pollutants and off-site transfers of pollutants and waste in respect of the
preceding calendar year.
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6. A person
who fails to comply with Article 5, 6 or 9(1) of the EC Regulation or
Regulation 5 is guilty of an offence.
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7. A person
guilty of an offence under these Regulations is liable on summary conviction
to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6
months or, at the discretion of the court to both such fine and such
imprisonment.
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8. Where an
offence is committed under these Regulations by a body corporate and is proved
to have been so committed with the consent, connivance or approval of or to
have been attributable to the wilful neglect on the part of any person,
being a director, manager, secretary or other officer of the body corporate
or a person who was purporting to act in any such capacity, that person, as
well as the body corporate, is guilty of an offence and is liable to be
proceeded against and punished as if he or she was guilty of the
first-mentioned offence.
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9. An offence
under these Regulations may be prosecuted by the Environmental Protection
Agency.
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10. The
reporting arrangements in Articles 7 and 16 of the EC Regulation shall be
discharged by the Environmental Protection Agency.
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Regulation 3.
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SCHEDULE
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omitted
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GIVEN under my Official Seal,
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22
March 2007
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DICK ROCHE
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Minister for the Environment, Heritage and
Local Government.
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EXPLANATORY NOTE
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(This note is not part of the
instrument and does not purport to be a legal interpretation.)
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These Regulations are for the
purpose of giving full effect to Regulation (EC) No 166/2006 of the European
Parliament and of the Council of 18 January 2006 concerning the establishment
of a European Pollutant Release and Transfer Register and amending Council
Directives 91/689/EEC and 96/61/EC. While this Regulation is directly
applicable in Member States of the European Union, it is necessary to
provide for certain administrative details,
in particular those relating to enforcement.
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The Environmental Protection
Agency is designated as the competent authority for the purpose of these
Regulations. The Regulations also create offences and provide for related
penalties.
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1 OJ No. L.33,
4.2.2006, p.1.
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