Brendan Smith (Cavan-Monaghan, Fianna Fail)
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176. To ask 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]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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178. To ask 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]

Emer Higgins (Dublin Mid West, Fine Gael)
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I 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

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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177. To ask the Minister for Enterprise, Trade and Employment if regulations are applicable in relation to the development of facilities (details supplied); and if he will make a statement on the matter. [30636/24]

Emer Higgins (Dublin Mid West, Fine Gael)
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Development of Battery Energy Storage Systems does not fall within the scope of Control of Major Accident Hazards involving Dangerous Substances (COMAH).

Battery Energy and Electricity Storage Systems are not classed as substances or mixtures under Classification Labelling and Packaging legislation (CLP), and therefore are not within the scope of Seveso/COMAH. Consequently, the COMAH Regulations do not apply to any type of battery storage system development.

The COMAH Regulations are explicitly linked to the EU CLP Regulations, covering only substances and mixtures classified in accordance with Regulation (EC) No 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures. 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.

Regarding Battery Electricity Storage systems (BESS) the European Union in August 2023 introduced EU Regulation (2023/1542) – ‘Concerning Batteries & waste batteries’, which sets out the harmonisation of electricity storage batteries as well as safety testing and certification requirements relevant to battery energy storage systems. Policy responsibility for this Regulation sits with the Department of Environment, Climate and Communications.

The Department of Environment, Climate and Communications published the Electricity Storage Policy Framework for Ireland on 4 July 2024.