European Union (Persistent Organic Pollutants) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 146/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th April, 2020.

I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Regulation (EU) No. 2019/1021 of the European Parliament and the Council of 20 June 20191 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Persistent Organic Pollutants) Regulations 2020.

Interpretation

2. (1) In these Regulations—

“Agency” means the Environmental Protection Agency;

“Commission” means the Commission of the European Union;

“EU Regulation” means Regulation (EU) No. 2019/1021 of the European Parliament and of the Council of 20 June 2019;

“National Implementation Plan” means the National Implementation Plan under Article 7 of the 2001 Stockholm Convention on Persistent Organic Pollutants;

“Minister” means the Minister for Communications, Climate Action and Environment;

“persistent organic pollutants” means those substances listed in Annexes I to IV of the EU Regulation;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority for the purposes of the Local Government Act, 2001 ,

(d) a harbour authority within the meaning of the Harbours Act, 1946 ,

(e) the Health Service Executive established under the Health Act, 2004,

(f) a board or other body established by or under statute,

(g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(h) a company in which all the shares are held by a board, company, or other body referred to in paragraph (f) or (g) of this definition.

(2) In these Regulations—

(a) a word or expression that is used in these Regulations and is also used in the EU Regulation has in these Regulations the same meaning as it has in the EU Regulation unless the contrary intention appears, and

(b) a reference to an Article which is not otherwise identified is a reference to an Article in the EU Regulation.

(3) For the purposes of these Regulations and the EU Regulation, “public authority concerned” shall be, for—

(a) persistent organic pollutants used or intended for use as pesticides, the Minister for Agriculture, Food and the Marine;

(b) persistent organic pollutants used or intended for use in medicinal or veterinary applications, the Health Products Regulatory Authority;

(c) substances, on their own, in preparations or in articles, which have been identified as persistent, bioaccumulative or toxic or very persistent and very bioaccumulative, within the meaning of Regulation (EC) No. 1907/2006 of the European Parliament and the Council of 18 December 20062

(i) the Health and Safety Authority,

(ii) subject to paragraph (iii), the Minister for Agriculture, Food and the Marine, in respect of pesticides, and

(iii) the Environmental Protection Agency, in respect of the prevention of environmental pollution;

(d) persistent organic pollutants in food and foodstuffs, the Food Safety Authority of Ireland;

(e) persistent organic pollutants in shellfish and relevant marine sediments, the Marine Institute;

(f) persistent organic pollutants being imported, the Revenue Commissioners;

(g) other monitoring, permitting, licensing or enforcement systems, as appropriate—

(i) a local authority or the Agency for the purposes of the Waste Management Act 1996 ,

(ii) a local authority or the Agency for the purposes of the Water Pollution Act 1977,

(iii) a local authority for the purposes of the Air Pollution Act 1987 ,

(iv) the Agency, in relation to activities licensable under the Environmental Protection Agency Acts 1992 to 2011,

(v) the Minister for Housing, Planning and Local Government, in relation to the Dumping at Sea Act 1996 , and

(h) public health issues, the Health Service Executive.

Application of Customs Act 2015 for Persistent Organic Pollutants

3. Persistent organic pollutants which are prohibited from being imported or are subject to any restriction on importation are deemed to be so prohibited or restricted for the purposes of the Customs Act 2015 .

Competent authority

4. (1) The Agency shall be the competent authority responsible for the administrative tasks and enforcement required by the EU Regulation.

(2) The Agency shall include in the National Implementation Plan –

(a) following consultation with the public authorities concerned, details of the roles and responsibilities, including in relation to permitting, monitoring and enforcement, of such authorities,

(b) details of arrangements made between the Agency and the public authorities concerned for cooperation, support, advice and guidance in the exercise of their powers, functions and duties under the EU Regulation, and

(c) action plans prepared pursuant to Article 6.

(3) The Agency may enter into such arrangements with other public authorities concerned as it considers necessary to ensure that the requirements of the EU Regulation are implemented and complied with, including—

(a) the clarification of responsibilities of the public authority concerned and the Agency,

(b) the carrying out of monitoring, inspections, checks, examinations and investigations as appropriate by a public authority concerned,

(c) the exchange of information in relation to such activities as may be specified in the arrangement,

(d) the public authority concerned advising the Agency, and the Agency advising the public authority concerned, of suspected offences under these Regulations,

(e) arrangements for ensuring compliance with the EU Regulation, including responsibility for initiating proceedings under Regulation 9 in relation to offences, and

(f) agreeing a memorandum of understanding, if appropriate, with a public authority concerned for the purposes of implementing any arrangements made under these Regulations.

(4) The Agency and the public authorities concerned shall cooperate with each other in carrying out their powers, functions and duties as competent authority or public authority concerned under the EU Regulation.

(5) The Agency, in consultation with any public authority concerned, may, where appropriate, coordinate the powers, functions and duties of such public authorities concerned under these Regulations for the purposes of giving effect to the EU Regulation and shall provide such authorities with such guidance or advice as the Agency considers appropriate or necessary for the purposes of implementing any of the provisions of the EU Regulation.

(6) The Agency shall be responsible, following consultation with the public authorities concerned and the Minister, for the collection and coordination of the information, statistical data and summary information required by the Commission under Article 13 and for the preparation and submission of any such data, information or reports at the required intervals to the Minister for transmission to the...