S.I. No. 307/2011 - European Communities (Environmental Liability) (Amendment) Regulations 2011.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th June, 2011.

I, PHIL HOGAN, Minister for the Environment, Community 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 effect to Article 34 of Directive 2009/31/EC1 of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 2004/35/EC, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Environmental Liability) (Amendment) Regulations 2011.

2. In these Regulations, except where the context otherwise requires, “the Regulations” means the European Communities (Environmental Liability) Regulations 2008 ( S.I. No. 547 of 2008 ).

3. These Regulations and the European Communities (Environmental Liability) Regulations 2008 may be cited together as the European Communities (Environmental Liability) Regulations 2008 to 2011, and shall be read together as one.

4. Schedule 3 of the Regulations is amended by inserting after section (n) the following:

“(m) The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.”

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GIVEN under my Official Seal,

22 June 2011.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations transpose Article 34 of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and the amendments arising in relation to Council Directive 2004/35/EC2 concerning environmental liability with regard to the prevention and remedying of environmental damage.

2OJ L 143, 30.4.2004, p.56

This requires that Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 concerning environmental liability with regard to the prevention and remedying of environmental damage should be applied to the operation of geological carbon dioxide storage sites.

1 OJ L140, 5.6.2009, p.114

2OJ L 143, 30.4.2004, p.56