Waste Management (Ship Recycling) Regulations, 2019

L.N. 84 of 2019

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Waste Management (Ship Recycling) Regulations, 2019

IN EXERCISE of the powers conferred by articles 54 and 55(2)

of the Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change, after consultation with

the Environment and Resources Authority, has made the following

regulations:-

(1) The title of these regulations is the Waste Citation.

Management (Ship Recycling) Regulations, 2019.

(2) These regulations establish a system of penalties for failure Scope.

by an operator of a ship recycling facility to comply with the

requirements set out in Regulation (EU) No 1257/2013 of the

European Parliament and of the Council of 20 November 2013 on ship

recycling and amending Regulation (EC) No 1013/2006 and Directive

2009/16/EC, as amended, hereinafter referred to as "the EU Ship

Recycling Regulation".

(3) These regulations shall be deemed to have come into force Commencement.

on 31st December 2018.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"the Act" means the Environment Protection Act;

"the competent authority" means the Environment and

Resources Authority as responsible for ship recycling facilities.

(2) All other terms shall have the same meaning as that

assigned to them in the EU Ship Recycling Regulation.

It shall be the duty of an operator of a ship recycling Duty to ensure

facility to ensure that it is authorised by the competent authority to compliance.

conduct ship recycling operations and to ensure compliance with the

requirements of the EU Ship Recycling Regulations and the provisions

of the Act.

(1) An operator of a ship recycling facility who fails to Offences and

comply with any provisions of these regulations and the provisions of penalties.

the EU Ship Recycling Regulation shall, on conviction, be guilty of an

offence under these regulations.

(2) Any person who commits or attempts to commit an offence

against these regulations shall, on conviction, be liable

(a) in the case of a first offence, a fine (multa) of not less

than ten thousand euro (€10,000) but not exceeding fifty

thousand euro (€50,000);

(b) in the case of a second or subsequent offence, a fine

(multa) of not less than twenty thousand euro (€20,000) but not

exceeding one hundred thousand euro (€100,000), or

imprisonment not exceeding two years, or both such fine and

imprisonment

Provided further that the court shall order any person

who has been found guilty of committing an offence against

these regulations to pay for the expenses incurred by the

competent authority as a result of the said offence, to undertake

mitigation or prevention measures in order to address offence-

related damages, the revocation of the authorisation issued by the

competent authority and the confiscation of the corpus delicti, if

applicable.

€0.18