S.I. No. 542/2010 - European Communities (Ship-Source Pollution) Regulations 2010.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 19th November, 2010. | ||
I, NOEL DEMPSEY, Minister for Transport, 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 2005/35/EC of the European Parliament and of the Council of 7 September 20051 (as amended by Directive 2009/123/EC of the European Parliament and of the Council of 21 October 20092 ), hereby make the following regulations: | ||
1. These Regulations may be cited as the European Communities (Ship-Source Pollution) Regulations 2010. | ||
2. The Sea Pollution Act 1991 (No. 27 of 1991) is amended— | ||
(a) in section 10, by inserting after subsection (2) the following: | ||
“(2A) Without prejudice to subsection (2), any person (other than the persons specified in that subsection) responsible for a contravention of regulations under this section shall be guilty of an offence. | ||
(2B) Subsection (2A) shall apply only in respect of a discharge of a polluting substance specified in Annex 1 or Annex II to the MARPOL Convention.”, and | ||
(b) by inserting after section 29 the following: | ||
“Penalties for certain offences. | ||
29A.Where section 29(b) applies and the offence concerned is an offence under section 10(2A), the fine shall not exceed €500,000 and the term of imprisonment shall not exceed 3 years.”. | ||
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GIVEN under my Official Seal, | ||
15 November 2010. | ||
NOEL DEMPSEY, | ||
Minister for Transport. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations give effect to Directive 2005/35/EC, as amended by Directive 2009/123/EC, on ship-source pollution and on the introduction of penalties, including criminal penalties, for illegal discharges of polluting substances into the marine environment. The polluting substances are those covered by MARPOL 73/78 Annex I (oil) and Annex II (noxious liquid substances carried in bulk). | ||
The Regulations apply to Irish ships everywhere and to other ships when they are in the inland waters, territorial seas, or exclusive economic zone of the State. | ||