Chemicals Act 2008

PART 3

National Authorities

National authorities.

8.— (1) The following are designated national authorities in the State for the purposes of the Rotterdam Regulation:

(a) the Authority;

(b) the Revenue Commissioners, for the purposes only of Article 17 of that Regulation;

(c) the Minister for Agriculture, Fisheries and Food, in respect of pesticides (other than for the purposes of the said Article 17).

(2) The following are competent authorities in the State for the purposes of the Detergents Regulation:

(a) the Authority;

(b) the Environmental Protection Agency, in respect of matters relating to biodegradability of surfactants in detergents;

(c) the Minister for Health and Children, for the purposes only of Article 9(3) of that Regulation;

(d) the Irish National Accreditation Board, for the purposes only of Article 8(2) and (3) of that Regulation.

(3) The following are competent authorities in the State for the purposes of the REACH Regulation:

(a) the Authority;

(b) subject to paragraph (c), the Minister for Agriculture, Fisheries and Food, in respect of pesticides;

(c) the Environmental Protection Agency, in respect of the prevention of environmental pollution.

(4) A national authority (other than the Authority) shall, in accordance with such guidelines (if any) as may be given to that national authority by the Authority—

(a) make adequate arrangements for the performance of its functions under the relevant chemicals statutory provisions,

(b) keep appropriate records, and

(c) furnish to the Authority—

(i) a report within 2 months after the end of each year in accordance with subsection (5), and

(ii) such other reports and information relating to the performance of its functions as the Authority may, from time to time, require, or as may be prescribed.

(5) The report referred to in subsection (4)(c)(i) shall be in a form agreed with the Authority and include—

(a) information on the performance of the national authority of its functions, and

(b) such other information that the national authority considers appropriate, or as the Authority may require.

(6) In this section—

“ environmental pollution ” has the meaning assigned to it by section 4 (inserted by section 6 of the Protection of the Environment Act 2003 ) of the Environmental Protection Agency Act 1992 , subject to the modification that references in subsection (2) thereof to “sub-stances, heat or noise” be construed as references to “ chemicals ”;

“ Irish National Accreditation Board ” means the committee commonly known by that name established pursuant to section 10 (amended by section 46 of the Industrial Development (Enterprise Ireland) Act 1998 ) of the Industrial Development Act 1993 ;

“ pesticides ” has the meaning assigned to it by Article 3(4) of the Rotterdam Regulation.