S.I. No. 583/2023 - European Union (Electronic Communications Code) (Public Warning System) Regulations 2023
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 1st December, 2023. | ||
I, EAMON RYAN, Minister for the Environment, Climate and Communications, 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 110 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast)1 hereby make the following regulations: | ||
1. These Regulations may be cited as the European Union (Electronic Communications Code) (Public Warning System) Regulations 2023. | ||
2. The European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 ) are amended – | ||
(a) by the insertion of the following Regulation after Regulation 93: | ||
“Public Warning System | ||
93A. (1) The Minister may direct a provider of publicly available mobile number-based interpersonal communications services to transmit a public warning to end-users of its service, for and on behalf of the Government, in the event of an imminent or developing major emergency or disaster. | ||
(2) A provider shall immediately comply with a direction under paragraph (1). | ||
(3) A direction under paragraph (1) shall include the public warning and the manner in which it shall be transmitted. | ||
(4) A provider shall have regard to any guidance issued by the Minister in relation to a direction under paragraph (1). | ||
(5) A transmission by a provider pursuant to a direction under paragraph (1) shall be free of charge to end-users of its service. | ||
(6) A provider that fails to comply with a direction under paragraph (1) commits an offence. | ||
(7) In proceedings for an offence under paragraph (6), it shall be a defence for a provider against which such proceedings are brought to prove that it took all reasonable steps to ensure compliance with the direction.”, and | ||
(b) in Regulation 108, by the substitution of “90(9), 93A(6)” for “90(9)”. | ||
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GIVEN under my Official Seal, | ||
29 November, 2023. | ||
EAMON RYAN, | ||
Minister for the Environment, Climate and Communications. | ||
EXPLANATORY NOTE | ||
(This note is not part of the instrument and does not purport to be a legal interpretation) | ||
These Regulations amend the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 ) to give effect to Article 110 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018. | ||
The Regulations provide for the transmission of public warnings through publicly available mobile number-based interpersonal communications services in the event of an imminent or developing major emergency or disaster. | ||
The Commission for Communications Regulation will be the national regulatory authority for the purposes of enforcing these Regulations. | ||
