Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st October, 2023.

I, SIMON COVENEY, Minister for Enterprise, Trade and Employment, 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 full effect to Commission Regulation (EU) 2021/57 of 25 January 2021¹ amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands, hereby make the following regulations:

1. These Regulations may be cited as the Chemicals Act 2008 (Lead in Gunshot in or around Wetlands) Regulations 2023.

2. In these Regulations “Act of 2008” means the Chemicals Act 2008 (No. 13 of 2008).

3. Section 8(3) of the Act of 2008 is amended -

(a) in paragraph (c), by the substitution of “pollution;” for “pollution.”, and

(b) by the insertion of the following paragraph after paragraph (c):

“(d) the Minister for Housing, Local Government and Heritage, for the purposes only of paragraphs 11 and 13 in entry 63 of Annex XVII to that Regulation.”.

4. Section 29(3) of the Act of 2008 is amended -

(a) in paragraph (e), by the substitution of “Regulation,” for “Regulation, or”,

(b) in paragraph (f), by the substitution of “article, or” for “article”, and

(c) by the insertion of the following paragraph after paragraph (f):

“(g) in relation to paragraph 11 in entry 63 of Annex XVII to the REACH Regulation, a person,”.

5. Section 30 of the Act of 2008 is amended –

(a) in subsection (1), by the substitution of “subsection (3)(g) and subsection (16)” for “subsection (16)”, and

(b) by the insertion of the following subsection after subsection (2):

“(2A) A person guilty of an offence under section 29(3)(g) shall be liable –

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.”.

GIVEN under my Official Seal,

26 October, 2023.

SIMON COVENEY,

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

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

The purpose of these Regulations is to amend the Chemicals Act 2008 (No. 13 of 2008) to designate the Minister for Housing, Local Government and Heritage as the competent authority in Ireland for Regulation (EU) 2021/57 of 25 January 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands.

1 OJ L 24, 26.1.2021, p. 19.