Chemicals Act 2008 (Rotterdam Regulation) Regulations 2019

• Jurisdiction: Ireland
• Year: 2019
• Citation: IR SI 213/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th May, 2019.

I, PAT BREEN, Minister of State at the Department of Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 5 (2)(a) (amended by section 3 (b) of the Chemicals (Amendment) Act 2010 (No. 32 of 2010)) of the Chemicals Act 2008 (No. 13 of 2008) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 364 of 2017)) and the Business, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 (S.I. No. 569 of 2017), and for the purpose of giving full effect to Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4 July 20121 concerning the export and import of hazardous chemicals, and with the consent of the Minister for Agriculture, Food and the Marine, the Minister for Communications, Climate Action and Environment, and the Minister for Public Expenditure and Reform, hereby make the following regulations:

1. These Regulations may be cited as the Chemicals Act 2008 (Rotterdam Regulation) Regulations 2019.

2. In these Regulations “Act of 2008” means the Chemicals Act 2008 (No. 13 of 2008).

3. Subsection (1) of section 2 (amended by section 2 of the Chemicals (Amendment) Act 2010 (No. 32 of 2010)) of the Act of 2008 is amended-

(a) in the definition of “chemical” by the substitution of the following paragraph for paragraph (a):

“(a) a chemical, substance, mixture or article within the meaning of the Rotterdam Regulation,”, and

(b) by the substitution of the following definition for the definition of “Rotterdam Regulation”:

“ ‘Rotterdam Regulation’ means Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals2 ;”.

4. Section 8 of the Act of 2008 is amended -

(a) in subsection (1) -

(i) by the substitution of the following paragraph for paragraph (a):

“(a) the Authority, other than -

(i) for the purposes of Article 18, and

(ii) in respect of pesticides;”,

(ii) in paragraph (b), by the substitution of “the said Article 18” for “Article 17”, and

(iii) in paragraph (c), by the substitution of “Article 18” for “Article 17”, and

(b) in subsection (6), in the definition of “pesticides”, by the substitution of “Article 3(5)” for “Article 3(4)”.

The Minister for Agriculture, Food and the Marine...