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Terms And Conditions

Below are the Terms and Conditions associated with the use of ETSWAP.

You must accept the terms and conditions in order to complete the registration of your account.

This website – ETSWAP, the emissions trading scheme website for Ireland (the “Site”) - is a website established for the purposes of facilitating the electronic submission of certain applications, information, plans and reports by Aircraft Operators, Operators and Verifiers and facilitating communication between Aircraft Operators, Operators and Verifiers with the Competent Authority (Environmental Protection Agency) under the Greenhouse Gas Emissions Trading Scheme Regulations (“the Scheme”).

Although this Site provides a facility to submit information to and communicate with the Appropriate Regulators, Aircraft Operators and Operators remain entirely responsible for complying with the Scheme, including, but not limited to, the time limits set out in the Regulations. Any information submitted through the Site will be transmitted electronically to the Environmental Protection Agency and the data will be used for the purposes foreseen in the EU ETS Directive.

1. Legal Notices

1.1 Definitions

“Aircraft Operator” has the same meaning as in the relevant Regulations.

“Competent Authority” means the Environmental Protection Agency.

“the Regulations” means

  • - The European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2009 (S.I. No. 274 of 2009).
  • - The European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 (S.I. No. 261 of 2010).
  • - The European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. of 490 of 2012).
  • - The European Communities (Greenhouse Gas Emissions Trading) (Aviation)(Amendment) Regulations 2012 (S.I. No. 502 of 2012).
  • - and any amendments to the above made to transpose aspects of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC(8), as amended from time to time which relate to aviation activities (“the EU ETS Directive”).

"Malicious Software" means any software program or code intended to destroy, interfere with, corrupt, or cause undesired effects on program files, data or other information, executable code or application software macros, whether or not its operation is immediate or delayed, and whether the malicious software is introduced wilfully, negligently or without knowledge of its existence;

"Operator" has the same meaning as in the relevant Regulations.

“Scheme” the Emissions Trading Scheme as defined by the Regulations and EU ETS Directive.

“Verifier” Mean a legal person or another legal entity carrying out verification activities pursuant to Regulation (EU) No 600/2012 and accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 and Regulation (EU) No 600/2012 or a natural person otherwise authorised, without prejudice to Article 5(2) of Regulation (EC) No 765/2008, at the time a verification report is issued.

"Us" and "We" means the Environmental Protection Agency

"You" means Aircraft Operators, Operators and Verifiers, and Your representatives ("Representatives") where the context provides, or visitors to the Site as the case may be.

Status of Terms

  • - These terms and conditions (“Terms”) govern access to and use of the Site.
  • - If You are an Aircraft Operator, Operator or Verifier, by clicking on the “Accept” button on the Site You are indicating that You agree to be bound by these Terms.
  • - If You are a visitor to the Site, by continuing to use any part of the Site You are accepting the latest version of these Terms in full. If You object to any of these Terms You should not use the site and should leave it immediately.

Modifications

  • - The Environmental Protection Agency may revise these Terms at any time so You should check the Site regularly to ensure that You are aware of the latest version of these Terms.
  • - The Site is subject to change without notice at any time. The Environmental Protection Agency reserves the right at its sole discretion to make any alteration, correction or improvement (including adding functionality) to or to withdraw or correct any error or omission in any portion of the Site without notice.
  • - These Terms apply to the whole of the Site including both the non-secure area, which may be accessed by any member of the public as a visitor, and the secure areas, which may only be accessed and used by those Aircraft Operators and Operators, their appointed Verifiers and their authorised representatives (“Representatives”) having the specific access rights granted by the Environmental Protection Agency, using authorised user names and passwords.

2. Access to Secure Areas

2.1 Your Representatives

2.1.1 When You log into the secure part of the Site for the first time using the name and password issued by Us, You must change the password, which meets Our security requirements. You may nominate and request Us to permit additional Representatives to have access to the secure area of the Site containing Your information on Your behalf by entering the name and email address of such persons where indicated on the Site. We may, at our discretion, issue additional user names and passwords to such Representatives.

2.1.2 You are responsible for ensuring that your Representatives comply with these Terms.

2.1.3 Representatives nominated by You are acting as Your agent and You are bound by and responsible as principal for their acts and omissions in relation to the Site, whether or not the act or omission is outside the authority (express or implied) of Your Representatives.

2.1.4 The Environmental Protection Agency is entitled to assume as being authentic, without any duty to enquire or investigate further, that any requests, submission of information, or other communication are validly made on Your behalf and with Your full knowledge and authority where made using a valid user name and password. You have full responsibility for all such requests, submission of information or other communications.

2.1.5 You must inform the Environmental Protection Agency immediately if any Representative ceases to be authorised by You. As soon as practicable thereafter the Environmental Protection Agency shall de-activate the relevant user name.

2.2 Limited access and security

2.2.1 Except in sub-Clause 2.2.5, in this sub-Clause 2.2 “You” includes Your Representatives.

2.2.2 Your rights to access the secure areas of the Site are limited to the level of access You have been granted. You must not access or attempt to access any part of the Site to which You do not have express rights of access.

2.2.3 From time to time You may be issued with or asked to provide a user name and password. You must use the password only for access to those applicable secure areas of the Site and not for any other purpose.

2.2.4 You must keep Your password confidential at all times, and must not disclose the password or permit anyone else to use Your password or user name.

2.2.5 You are responsible for ensuring the security and integrity of the computer used by You to access the secure areas of the Site ("Your computer"). Without prejudice to this and without limitation to Your responsibilities, You must:

(a) have good quality, commercially available and supported anti-virus software,(which includes protection against Malicious Software by checking, blocking from entry to, deleting from, quarantining or otherwise rendering it ineffective) installed and running on Your computer along with a firewall preventing unauthorised access to Your machine and that You apply the latest updates as they become available;

(b) every time You seek to access the secure area of the Site ensure that You are entering Your username and password into the correct website;

(c) follow general good practice guidelines for accessing and using the internet safely, including as a minimum, complying with any security directions and procedures notified to You by Us.

2.2.6 You are responsible for the consequences, including financial consequences, of any failure by You and Your Representatives to comply with Your obligations under these Terms, including Clause 2.2.4 and 2.2.5. Any breach of any of these Terms by anyone to whom You or Your Representatives disclose the password will be treated as if the breach had been committed by You, and will not relieve You of Your obligations under these Terms.

2.2.7 You must notify the Environmental Protection Agency immediately upon becoming aware of any unauthorised use of a user name or password, disclosure of your password, or any other breach of security.

2.2.8 In the event of any failure or error in the operation of a password, You shall cease using the password, exit the Site immediately, and notify the Environmental Protection Agency of such failure or error.

2.2.9 You shall cease to use and delete Your password from any of Your records upon expiry or termination of Your right to use the Site.

2.2.10 The Environmental Protection Agency reserves the right to change Your password and user name at any time in our sole discretion.

2.2.11 You may change Your user name and password issued by the Environmental Protection Agency. You agree to notify the Environmental Protection Agency promptly of any changes to Your user name and that any password must meet Our security requirements.

2.2.12 You must exit the secure area by logging out in accordance with the instructions on the Site at the end of each session.

3. Use of this Website

3.1 In this clause, You includes Your Representatives.

3.2.1 What You may do

The secure parts of the Site may only be used:

(a) by Aircraft Operators, their appointed Verifiers and their Representatives who have been granted access rights by the Environmental Protection Agency;

(b) for the purpose of submitting information to the Environmental Protection Agency as required by the Regulations and communicating with the Environmental Protection Agency; and

3.2.2 The Site may only be used:

(c) in accordance with these Terms and for lawful purposes.

3.3 What You may not do

You will not:

(a) to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with any part of the Site;

(b) attempt to damage or corrupt (including the introduction of any Malicious Software) any software or data used in connection with any part of the Site, nor, attempt to gain unauthorised access to the secure part of the Site, the server on which the Site is stored or any server, computer or database connected to the Site, or engage in any other behaviour that may reasonably be expected to inhibit others from using the Site;

(c) create any links from any other website to the Site without the Environmental Protection Agency’s express prior written permission; or

(d) use the Site in a manner that infringe the rights of the Environmental Protection Agency or any third party, or restrict or inhibit the use and enjoyment of the Site by any third party.

4. Third party sites and hyperlinking

The Environmental Protection Agency may link the Site to other websites, which are not under the control of, or maintained by the Environmental Protection Agency. The Environmental Protection Agency is providing these links to You only as a matter of convenience and, to the maximum extent permitted by law, the Environmental Protection Agency shall not be responsible for the content, availability or reliability of such websites. The inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. The Environmental Protection Agency does not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to the Site.

5. Disclaimers

5.1 The Environmental Protection Agency does not represent or make any warranty in respect of the accuracy, reliability, completeness, currency or continuous supply of any of the content contained in or distributed through, or linked, downloaded or accessed from the Site or the results obtained from using the content of the Site.

5.2 The Environmental Protection Agency expressly disclaims any and all warranties, express or implied, to the extent permitted by applicable law, including without limitation warranties of satisfactory quality, merchantability and fitness for purpose, with respect to the Site and its content.

5.3 The Environmental Protection Agency does not warrant that the Site or its content will be free from errors or that the Site and the related server are free from computer viruses or other harmful applications.

5.4 The Environmental Protection Agency does not endorse or recommend any products, materials or services displayed or offered on the Site, including Verifiers. The choice of, suitability of and the terms of appointment of a Verifier are matters between an Aircraft Operator or Operator and the relevant Verifier, not the Environmental Protection Agency.

6. Liability

To the full extent permitted by applicable laws, the Environmental Protection Agency accepts no liability for any claims, loss, demands or damages of any kind with respect to the Site or its content, which You or Your Representatives may suffer or incur arising from or in connection with the Site or its content, including, without limitation, direct, indirect, or incidental loss or damages, loss of profits, loss of revenue, loss of data, loss of use or otherwise arising out of Your use of the Site and whether or not the possibility of such loss has been notified to the Environmental Protection Agency, including, but not limited to

(a) the introduction to the Site of any Malicious Software;

(b) any attempt to gain unauthorised access to secure areas of the Site, the server on which the Site is stored or any server, computer or database connected to the Site;

(c) any attack to the Site via a denial-of-service attack or a distributed denial-of-service attack;

(d) any matter over which the Environmental Protection Agency has no control, including, but not limited to, the acts of third parties or unplanned outages;

(e) Your failure or that of Your Representatives to comply with these Terms; or

(f) the content of any material posted to the Site by You or third parties which is defamatory, obscene, inaccurate, misleading, unlawful, pornographic or which in any way infringes a third party’s rights, including but not limited to, intellectual property rights.

6.2 Clause 6.1 will apply whether such claims, loss or damages arise in tort, contract, negligence or otherwise.

6.3 Nothing in these Terms shall exclude or limit the Environmental Protection Agency’s liability for fraud, death or personal injury caused by negligence or any liability which cannot be excluded or limited under applicable law.

7. Intellectual Property Rights

7.1 You agree that all intellectual property rights in the data, text, images, materials and information on the Site (“Content”) and in the layout of the Site are owned by the Environmental Protection Agency (or the Environmental Protection Agency’s licensors).

7.2 You will not alter or remove any copyright, trade mark or other proprietary mark, logo or notice of the Environmental Protection Agency or of any other organisation or public authority appearing anywhere on the Site.

7.3 In relation only to the parts of the Site to which You have access rights the Environmental Protection Agency grants You the right to view, download or print the Content for Your own private use or for use internally within Your business or for the purpose set out in clause 7.4.

7.4 Subject to clause 7.3, You may give copies of the Content referred to in clause 3.2 to others provided that: You make no charge; You in no way modify or edit the Content; and You attach a copy of this Clause and instruct the recipient to comply with it. Whenever possible and appropriate any authorised copying shall acknowledge the Environmental Protection Agency’s ownership of the Content. One way of doing this is by adding the words “Copyright Environmental Protection Agency” to the information or copy.

7.5 You agree that You will not use the Content in any way other than as set out above (including without limitation use for commercial gain, for example by way of rental, licence, sale or providing services for consideration).

7.6 Your access to or use of the Site and any materials available on it shall not be construed as granting to You any licence or assignment of any intellectual property rights in the Site or such materials, other than the rights expressly granted in this Clause.

7.7 You will inform the Environmental Protection Agency promptly if You become aware of any infringement or potential infringement of any of the intellectual property rights referred to in Clause 7.1.

8. Confidentiality

8.1. It is the Environmental Protection Agency's policy to make information received by it in the course of its work open to inspection by any person on request. This is in accordance with the provisions of the European Communities (Access to Information on the Environment) Regulations 2007 to 2011.

8.2 Should you consider information you are sending the Environmental Protection Agency to be confidential, this information should be submitted using the ‘Confidential Information Facility’ in ETSWAP. In the event that information is considered to be of a confidential nature, then the nature of this information and the reasons why it is considered confidential (with reference to the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. 133 of 2007) and any amendments must be provided. The Board of the Environmental Protection Agency will decide if any information can be deemed as confidential. A note that confidential information has been received will be placed on file and the notice will be available to the public on request.

8.3 Notwithstanding any request for confidentiality, the Environmental Protection Agency explicitly reserves the right to release data to the Commission, including emissions and allocations to the public, on the basis that the data will be used for the purposes foreseen in Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 and amendments establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC.

9. Privacy

9.1 The Environmental Protection Agency is committed to respecting the privacy of visitors to and users of the Site. This clause sets out the terms that govern the collection, retention and processing of any personal information provided to the Environmental Protection Agency online or otherwise held on the Site.

9.2 Any personal information You supply to the Environmental Protection Agency will be processed in connection with the Regulations and in accordance with the Data Protection Act 1988 and as amended by the Data Protection (Amendment) Act 2003 and any other applicable legislation. You agree that the Environmental Protection Agency may use any personal information it holds about You in the following ways:

(a) for the purposes of permitting access to the secure part of the Site and thereafter operating and maintaining the Site and access to the secure parts of the Site;

(b) in order to operate and maintain security measures with regard to the Site, which may include passing personal information to our internet security service providers;

(c) in order to carry out the Environmental Protection Agency’s functions under the Regulations including passing certain personal information to the European Commission in respect of those Aircraft Operators or Operators whom they regulate and in the manner they deem appropriate;

(d) for the purpose of contacting You in connection with the Scheme;

(e) to enable Us to carry out statistical analysis or research and development in relation to the Scheme;

(f) to prevent or investigate fraud, money laundering or other unlawful activity;

(g) to enable the Environmental Protection Agency to comply with any other duties or obligations on the Environmental Protection Agency under the Scheme; and

(h) in order to comply with the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. 133 of 2007) and any amendments or Freedom of Information Act,1997 (S.I. No. 139 of 1998) and any amendments.

9.3 The Environmental Protection Agency will only use Your personal information in the manners above. In particular, the Environmental Protection Agency will not sell, rent or trade Your personal information to others.

9.4 The Environmental Protection Agency employs appropriate technical security measures to protect Your personal information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. Information storage is on secure computers and information is encrypted wherever possible.

9.5 You consent to the Environmental Protection Agency transferring Your personal information outside the European Economic Area where this is necessary for the Environmental Protection Agency to fulfil its obligations under the Regulations, the Scheme or any other applicable national and international laws.

9.6 The Environmental Protection Agency may use cookies. Cookies are strings of data that are stored by Your browser in a file on Your system and allow the Environmental Protection Agency to recognise You when You use the Site. You may configure Your browser not to accept cookies.

10. Suspension and Termination of Access to the Site

10.1 The Environmental Protection Agency may suspend the operation of the Site at any time for any reason which may include for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or sites linked to the Sites will not necessarily be uninterrupted or error free.

10.2 The Environmental Protection Agency may suspend or terminate Your and/or any Representatives access to the Site immediately at any time without notice in the event that we reasonably believe that You and/or any Representatives have breached any of these Terms.

10.3 Clauses 2.2.5, 5, 6, 7, 8, 9, 11.1 shall survive termination.

11. General

11.1 These Terms shall be governed by and construed in accordance with the laws of Ireland. You and the Environmental Protection Agency shall take reasonable steps to resolve any differences between all parties regarding these Terms, however, if we are unable to do so, any dispute or legal proceeding in relation to the Site shall be brought in the courts of Ireland.

11.2 The language of these Terms is English. If these terms are for any reason translated into any language other than English the English text shall prevail unless stated otherwise.

11.3 If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be unenforceable, all other provisions shall remain in full force and effect.

11.4 These Terms comprise the entire agreement between You and the Environmental Protection Agency in relation to Your access to and use of the Site. To the extent that there is any conflict or discrepancy between the Regulations and these Terms, the Regulations shall prevail.

11.5 Nothing in these Terms shall prejudice or affect the Environmental Protection Agency’s exercise of its functions, duties and powers conferred, arising or imposed under the Regulations, the System, the Environmental Protection Agency Act 1992, or any other legislative provision, enactment, byelaw or regulation whatsoever.

11.6 Nothing in these Terms shall operate as a statutory approval, consent or licence from the Environmental Protection Agency.

11.7 No third parties have any rights under the contract.

11.8 In these Terms, unless the context otherwise requires the words “other”, “include” and “including” do not denote limitation in any way and the singular includes the plural and vice versa.

11.9 You may not transfer or in any other way make over to any third party the benefit of this agreement either in whole or in part.