S.I. No. 303/2012 - European Communities (National Emissions Ceiling) (Amendment) Regulations 2012.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th August, 2012.

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 Directive 2001/81/EC1 of 23 October 2001 hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities (National Emissions Ceiling) (Amendment) Regulations 2012.

Amendments

2. (1) The European Communities (National Emissions Ceiling) Regulations 2004 ( S.I. No. 10 of 2004 ) are amended by substituting—

(a) for article 3(2) the following:

“(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.” and

(b) for article 5 the following:

“5. The Regulations cover emissions in the territory of the State and the exclusive economic zone as established by section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No.8 of 2006) from all sources of the pollutants sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia, hereinafter referred to as “relevant pollutants”, which arise as a result of human activities with the exception of emissions from international maritime traffic and aircraft emissions beyond the landing and take-off cycle.”

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GIVEN under my Official Seal,

23 July 2012.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

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

These Regulations amend the European Communities (National Emissions Ceiling) Regulations 2004 ( S.I. No. 10 of 2004 ) which transposed National Emissions Ceiling Directive 2001/81/EC.

Regulation 3(2) is amended to state a word or expression that is used in the regulations has the same meaning as a word or expression used in the Directive.

Regulation 5 clarifies that the provisions of S.I. No. 10 of 2004 apply to Ireland’s Exclusive Economic zone (EEZ), as established by section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No.8 of 2006).

1 OJ L 309, 27.11.2001, P.22-30