Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd August, 2018.

I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, 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 further effect to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Access to Information on the Environment) (Amendment) Regulations 2018.

2. Article 3 of the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ) is amended by the substitution of the following sub-article for sub-article (2):

“(2) Notwithstanding anything in sub-article (1), in these Regulations “public authority” does not include—

(a) the President,

(b) the Office of the Secretary General to the President,

(c) the Council of State,

(d) any Commission for the time being lawfully exercising the powers and performing the duties of the President, or

(e) any body when acting in a judicial or legislative capacity.”.

GIVEN under my Official Seal,

27 July 2018.

DENIS NAUGHTEN,

Minister for Communications, Climate Action andEnvironment.

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 European Communities (Access to Information on the Environment) Regulations 2007 to clarify the status of certain offices.

1 OJ No. L.41, 14.02.2003, p. 26.