Dáil Éireann Debate, Thursday - 11 July 2024
176. Deputy Brendan Smith asked the Minister for Enterprise, Trade and Employment if it is the responsibility of his Department, or agencies under his remit, to implement regulations (details supplied); and if he will make a statement on the matter. [30635/24]
View answer178. Deputy Brendan Smith asked the Minister for Enterprise, Trade and Employment if there is an EU Directive regarding the implementation of regulations (details supplied); and if he will make a statement on the matter. [30637/24]
View answerI propose to take Questions Nos. 176 and 178 together.
Implementation of the EU COMAH legislation (SEVESO III – Directive 2012/18/EC) for major industrial accidents in Ireland was transposed into Irish law by S.I. No. 209 of 2015 Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015.
The COMAH legislation lays down rules for the prevention of major accidents involving dangerous substances. The COMAH Regulations are explicitly linked to the EU Classification, Labelling and Packaging Regulations, covering only substances and mixtures classified in accordance with Regulation (EC) No 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures (CLP). The COMAH Regulations apply only when quantities of dangerous substances exceed the specified threshold quantities. The dangerous substances and threshold quantities are specified in Schedule 1 to the Regulations.
Regulation 4 of S.I. No. 209 of 2015 establishes the competent authorities in the State for COMAH:
• the Health and Safety Authority (central competent authority)
• Local Authorities (as the local competent authority) in relation to external emergency plans
The following public authorities are also listed in the legislation
(a) An Garda Síochána;
(b) a local authority;
(c) the Environmental Protection Agency;
(d) the Health Service Executive;
(e) a company established pursuant to section 7 of the Harbours Act 1996 (No. 11 of 1996); and
(f) a planning authority in relation to planning and development decisions under the Planning and Development Act.
