S.I. No. 77/1994 - European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 1994

Type Statutory Instrument
Publication 1994-04-07
Last updated 2003-03-27
State Repealed superseded text
Text As published
articles Not indexed

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

6 amending acts · 2003-03-27, S.I. No. 116/2003 - European Communities (Classification, Packaging, Labelling and Notifi…

Reform history JSON API

ARRANGEMENT OF REGULATIONS.

REGULATION.

1. Short title.

2. Interpretation.

3. Application.

4. Exemptions.

5. Competent Authority.

6. Placing on the Market.

7. Testing and Assessment.

8. Classification.

9. Obligation to Carry out Investigations.

10. Full Notification.

11. Reduced Notification.

12. Substances Notified 10 Years.

13. Notifications of Polymers.

14. Pre-marketing Notification Period.

15. Follow-up Information.

16. Re-notification.

17. Confidentiality of Data.

18. Packaging.

19. Labelling.

20. Implementation of Labelling.

21. Advertising.

22. Safety Data Sheets.

23. Supply of Substances.

24. Restriction on Sale.

25. Fees.

26. Taking and Detention of Substances.

27. Revocations.

SCHEDULE 1. Obligatory Headings for Safety Data Sheets.

SCHEDULE 2. Risk Phrases.

Table A—single Risk Phrases.

Table B—combined Risk Phrases.

SCHEDULE 3. Safety Phrases.

Table A—single Safety Phrases.

Table B—combined Safety Phrases.

SCHEDULE 4. Danger Symbols and Indications of Danger.

SCHEDULE 5. Fees Payable by Notifier.

S.I. No. 77 of 1994.

EUROPEAN COMMUNITIES (CLASSIFICATION, PACKAGING, LABELLING AND NOTIFICATION OF DANGEROUS SUBSTANCES) REGULATIONS, 1994.

I, RUAIRÍ QUINN, Minister for Enterprise 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 effect to Council Directive 92/32/EEC of 30 April 1992^(1), and Commission Directives 92/69/EEC of 31 July, 1992^(2), 93/21/EEC of 27 April, 1993^(3) 93/67/EEC of 20 July, 1993^(4), 93/72/EEC of 1 September, 1993^(5), 93/90/EEC of 29 October, 1993^(6), 93/101/EC of 11 November, 1993^(7), 93/105/EC of 25 November, 1993^(8), and 93/112/EC of 10 December, 1993^(9), hereby make the following Regulations:

1 Short title

1. These Regulations may be cited as the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 1994.

2 Interpretation

2. (1) In these Regulations—

"Annex I" means Annex I (inserted by Commission Directives 93/72/EEC of 1 September, 1993, and 93/101/EC of 11 November, 1993) to Council Directive 67/548/EEC ^(10);

"Annex II" means Annex II (inserted by Commission Directive 93/21/EEC of 27 April, 1993) to Council Directive 67/548/EEC;

"Annex III" means Annex III (inserted by Commission Directive 93/21/EEC of 27 April, 1993) to Council Directive 67/548/EEC;

"Annex IV" means Annex IV (inserted by Commission

^(1) O.J. L154, 5.6.92 p.1 and O.J. L154A, 5.6.92 p.1

^(2) O.J. No. L383, 29.12.92 p.113 and O.J. L383A, 29.12.92 p.1

^(3) O.J. No. L110, 4.5.93 p.20 and O.J. L110A, 4.5.93 p.1

^(4) O.J. No. L227 8.9.93 p.9

^(5) O.J. No. L258 16.10.93 p.29 and O.J. L258A, 16.10.93 p.1.

^(6) O.J. No. L277, 10.11.93 p33

^(7) O.J. No. L13, 15.1.94 p.1 and O.J. L13A, 15.1.94 p.1

^(8) O.J. No. L294, 30.11.93 p21

^(9) O.J. No. L314, 16.12.93 p38

^(10) O.J. No. 196, 16.8.67 p.1-67

"Annex IV" means Annex IV (inserted by Commission Directive 93/21/EEC of 27 April, 1993) to Council Directive 67/548/EEC;

"Annex V" means Annex V (inserted by Commission Directives 88/302/EEC of 18 November, 1987^(11), 92/69/EEC of 31 July, 1992, and 93/21/EEC of 27 April, 1993) to Council Directive 67/548/EEC;

"Annex VI" means Annex VI (inserted by Commission Directive 93/21/EEC of 27 April, 1993) to Council Directive 67/548/EEC;

"Annexes VII.A, VII.B, VII.C and VII.D" means Annexes VII.A, VII.B, VII.C and VII.D (inserted by Council Directive 92/32/EEC of 30 April, 1992 and Commission Directive 93/105/EC of 25 November, 1993) to Council Directive 67/548/EEC;

"Annex VIII" means Annex VIII (inserted by Council Directive 92/32/EEC of 30 April, 1992) to Council Directive 67/548/EEC;

"Annex IX" means Annex IX (inserted by Commission Directive 91/410/EEC of 22 July, 1991^(12)) to Council Directive 67/548/EEC;

"child-resistant fastening" means the cap, lid, fastening or other means of fastening a package, which complies with the provisions of Part A of Annex IX;

"the competent authority" has the meaning assigned to it by Regulation 5 of these Regulations;

"dossier" means a "notification dossier";

"EINECS" means the European Inventory of Existing Commercial Substances^(13) containing the definitive list of all substances deemed to be on the market in the European Communities on 18 September, 1981;

"Elincs" means the European List of Notified Chemical Substances^(14), published from time to time containing the list of substances placed on the market in the European Communities after 18 September, 1981 and which have been the subject of a notification;

^(11) O.J. No. L133, 30.5.88 p.1

^(12) O.J. No. L228, 17.8.91 p.67-68

^(13) O.J. No. C146A, 15.6.90

^(14) O.J. No. C130, 10.5.93

"indication of danger" means the indication of danger specified in Column 3 of Schedule 4 and required to be contained on the label or marked on the package of a dangerous substance in accordance with Regulation 19;

"inspector" means a person appointed by the Minister to be an inspector for the purpose of these Regulations;

"label" means the label required by Regulations 19 and 20;

"Minister" means the Minister for Enterprise and Employment;

"monomer unit" means the reacted form of a monomer in a polymer;

"notification" means the documents, with the requisite information, presented to the competent authority of a Member State;

"notifier" means the person submitting a notification;

"package" means the packaging, receptacle or container containing a substance, and "packaging" shall be construed accordingly;

"person responsible for placing on the market a substance to which these Regulations apply" includes a manufacturer, importer, supplier, distributor, wholesaler or retailer established in the State, who places on the market a substance to which these Regulations apply;

"placing on the market" means the making available to third parties, and importation into the European Communities customs territory shall be deemed to be placing on the market for the purposes of these Regulations;

"polymer" means a substance consisting of molecules characterized by the sequence of one or more types of monomer units and comprising a simple weight majority of molecules containing at least three monomer units which are covalently bound to at least one other monomer unit or other reactant, and consisting of less than a simple weight majority of molecules of the same molecular weight, such molecules being distributed over a range of molecular weights wherein differences in the molecular weight are primarily attributable to differences in the number of monomer units;

"preparations" means mixtures or solutions composed of two or more substances;

"process-oriented research and development" means the further development of a substance in the course of which pilot plant or production trials are used to tests the fields of application of the substance;

"risk phrase" means a phrase, listed in Annex III (which is set out in Schedule 2 hereto);

"safety phrase" means a phrase, listed in Annex IV (which is set out in Schedule 3 hereto);

"scientific research and development" means scientific experimentation, analysis or chemical research carried out under controlled conditions and includes the determination of intrinsic properties, performance and efficacy as well as scientific investigation related to product development;

"sole representative" means the person established in the European Communities who is so designated by the manufacturer of a substance manufactured outside the European Communities for the purposes of submitting a notification for that substance placed on the market, either on its own or in a preparation;

"substance" means a chemical element and its compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;

"symbol" means any symbol specified in Annex II (which is set out in column 2 of Schedule 4);

"tactile warning of danger" means a method of warning a person who has poor sight or no sight of the dangerous contents of a package referred to in Regulations 18, and which complies with the provisions of Part B of Annex IX.

( a ) explosive substances and preparations, namely, solid, liquid, pasty or gelatinous substances and preparations which may react exothermically without atmospheric oxygen thereby quickly evolving gases, and which, under defined test conditions, detonate, quickly deflagrate or upon heating explode when partially confined;

( b ) oxidising substances and preparations, namely, substances and preparations which gave rise to a highly exothermic reaction in contact with other substances, particularly flammable substances;

( c ) extremely flammable substances and preparations, namely, liquid substances and preparations having an extremely low flash-point and a low boiling point and gaseous substances and preparations which are flammable in contact with air at ambient temperature and pressure;

( d ) highly flammable substances and preparations, namely:

( e ) flammable substances and preparations, namely, liquid substances and preparations having a low flash-point;

( f ) very toxic substances and preparations, namely, substances and preparations which in very low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin;

( g ) toxic substances and preparations, namely, substances and preparations which in low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin;

( h ) harmful substances and preparations, namely, substances and preparations which may cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin;

( i ) corrosive substances and preparations, namely, substances and preparations which may, on contact with living tissues, destroy them;

( j ) irritant substances and preparations, namely, non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, may cause inflammation;

( k ) sensitising substances and preparations, namely, substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of hypersensitisation such that on further exposure to the substance or preparation, characteristic adverse effects are produced;

( l ) carcinogenic substances and preparations, namely, substances or preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence;

( m ) mutagenic substances and preparations, namely, substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce heritable genetic defects or increase their incidence;

( n ) substances and preparations which are toxic for reproduction, namely, substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may produce, or increase the incidence of, non-heritable adverse effects in the progeny or an impairment of male or female reproductive functions or capacity;

( o ) substances and preparations which are dangerous for the environment, namely, substances and preparations which, were they to enter the environment, would present or may present an immediate or delayed danger for one or more components of the environment.

( b ) In these Regulations a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

( c ) Any requirement in these Regulations in relation to a substance shall apply to a substance to which these Regulations apply, unless otherwise indicated.

( d ) A word or expression that is used in these Regulations and is also used in Council Directive 92/32/EEC has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.

3 Construction and Application

3. (1) The Safety, Health and Welfare at Work Act, 1989 , shall be construed and have effect as if these Regulations were existing enactments within the meaning of that Act and for the time being in force and specified in Part II to the Second Schedule of that Act.

4 Exemptions.

4. (1) These Regulations shall not apply to the following preparations in the finished state, intended for the final user—

^(15) O.J. No. 22, 9.2.65 p.369

^(16) O.J. No. L15, 17.1.87 p.36

^(17) O.J. No. L262, 27.9.76 p.169

^(18) O.J. No. L149, 3.6.86 p.38

^(19) O.J. No. L194, 15.7.75 p39

^(20) O.J. No. L84, 31.3.78 p.43

^(21) O.J. No. L246, 17.9.80 p1

^(22) O.J. No. 1270. 14.12.70 p.1-15

^(23) O.J. No. L213, 21,7.82 p8

^(24) O.J. No. L40, 11.2.89 p27

^(25) O.J. No. L184, 15.7.88 p.61-66

5 Competent Authority

5. The competent authority shall be the National Authority for Occupational Safety and Health established by Part III of the Safety, Health and Welfare at Work Act, 1989 .

6 Placing on the Market

6. (1) A person shall not place on the market a substance to which these Regulations apply either on its own or in a preparation unless it has been notified, packaged and labelled, and safety data sheets provided in accordance with these Regulations.

7 Testing and Assessment

7. (1) For the purpose of these Regulations—

^(26) O.J. No. L15, 17.1.87 p.29

^(27) O.J. No. L398, 18.12.86 p.1

8 Classification

8. (1) For the purposes of these Regulations a dangerous substance shall be classified as one or more of the following—

^(28) O.J. No. L187, 16.7.88 p.14-30

9 Obligation to carry out investigation

9. Manufacturers, distributors and importers of dangerous substances, which appear in the EINECS but which have not yet been introduced into Annex I, shall carry out an investigation to make themselves aware of the relevant and accessible data existing concerning the properties of such substances, and on the basis of this information shall package and provisionally label these substances in accordance with Regulations 18 to 20.

10 Full Notification

10. (1) Subject to Regulation 4, a notifier intending to place on the European Communities market a substance in quantities of greater than or equal to one tonne per annum per manufacturer shall submit to the competent authority, a notification including—

( f ) if so desired by the notifier, a statement requesting on reasoned grounds that as a first notifier of a substance the notification be exempted from the provisions of Regulation 16 (2) for a maximum period which shall not in any case exceed one year following the date of notification;

( g ) if so desired by the notifier, a preliminary assessment of the real or potential risk to man and the environment on the basis of the principles adopted in Directive 93/67/EEC.

( a ) when the quantity of the substance placed on the market reaches 10 tonnes per year per manufacturer or when the total quantity placed on the market reaches 50 tonnes per manufacturer, and in such case the competent authority may require some or all of the additional tests and studies laid down in Annex VIII, level 1, to be carried out within such period as it determines;

( b ) when the quantity of the substance placed on the market reaches 100 tonnes per year per manufacturer or when the total quantity placed on the market reaches 500 tonnes per manufacturer, and in such case the competent authority shall require the additional tests and studies laid down in Annex VIII, level 1, to be carried out within such period as it determines, unless the notifier can give good reason why a particular test or study is not appropriate or an alternative scientific test or study would be preferable;

( c ) when the quantity of a substance placed on the market reaches 1,000 tonnes per year per manufacturer or when the total quantity placed on the market reaches 5,000 tonnes per manufacturer, and in such case the competent authority shall draw up a programme of tests and studies according to Annex VIII, level 2, to be carried out by the notifier within such period as the competent authority determines.

11 Reduced Notification

11. (1) Subject to Regulation 4, a notifier intending to place on the European Communities market a substance in quantities of less than one tonne per annum per manufacturer shall submit to the competent authority a notification including the information referred to in Regulation 10 (1).

12 Substances notified at least 10 years previously

12. Where the information specified in Annexes VII.A, VII.B, VII.C or VII.D is required in accordance with these Regulations, a notifier need only supply items 1 and 2 of the relevant Annex in the case of a substance for which the information was originally submitted at least 10 years previously.

13 Notification of Polymers

13. In the case of polymers, the provisions concerning the technical dossiers contained in the notifications referred to in Regulations 10 (2) and 11 (2) shall be construed as if the reference to Annex VII. A and Annex VII.B respectively were a reference to Annex VII. D.

14 Pre-marketing Notification Period

14. (1) ( a ) Substances notified under Regulation 10 may, in the absence of any indication to the contrary from the competent authority, be placed on the market no sooner than 60 days after receipt by the competent authority of a dossier in conformity with the requirements of these Regulations.

( b ) Where the competent authority considers that the dossier is not in conformity with these Regulations and advises the notifier accordingly, the substance may be placed on the market no sooner than 60 days after receipt by the competent authority of the information necessary to bring the notification into conformity with these Regulations.

( b ) Where the competent authority considers that the dossier is not in conformity with these Regulations and advises the notifier accordingly, the substance may be placed on the market no sooner than 30 days after receipt by the competent authority of the information necessary to bring the notification into conformity with these Regulations.

( c ) Notwithstanding subparagraph (a) where the notifier has received notice from the competent authority of the official number which has been allocated to his notification indicating acceptance of the dossier, the substance may be placed on the market no sooner than 15 days after receipt of the dossier by the competent authority.

15 Follow-up Information

15. (1) Any notifier of a substance already notified in conformity with Regulation 10 (1) or Regulation 11 (1) shall inform the competent authority in writing of any—

( a ) change in the annual or total quantities placed on the market by him or, by him or others as the case may be where he is the sole representative for a substance manufactured outside the European Communities;

( b ) new knowledge of the effects of the substance on man of which he may reasonably be expected to have become aware;

( c ) new knowledge of the effects of the substance on the environment of which he may reasonably be expected to have become aware;

( d ) new uses for which the substance is placed on the market of which he may reasonably be expected to have become aware;

( e ) change in the composition of the substance as given in Annex VII.A, VII.B, VII.C or VII.D, section 1.3;

( f ) change in his status as manufacturer or importer.

16 Re-notification

16. (1) In the case of substance which has already been notified in accordance with Regulation 10 (1) or Regulation 11(1), the competent authority may agree that the subsequent notifier of that substance may, for the purposes of sections 3, 4 and 5 of Annexes VII.A, VII.B and VII.D and sections 3 and 4 of Annex VII. C, refer to the results of the tests and studies forwarded by the first notifier, in so far as the subsequent notifier can provide evidence that the substance renotified is the same as the one previously notified, including the degree of purity and the nature of impurities, but the first notifier shall give his agreement in writing to the references to the results of the tests and studies he has forwarded before such reference can be made.

( a ) whether or not the substance they intend to notify has already been notified;

( b ) the name and address of the first notifier, and

this enquiry shall be supported by evidence that the prospective notifier intends to place the substance on the market and, specify the quantities involved.

17 Confidentiality of data

17. (1) In the case of submissions made under Regulations 10, 11 or 15 the notifier may indicate the information required by these Regulations which he considers to be commercially sensitive and disclosure of which might harm him industrially or commercially, and which he wishes to be kept secret from all persons other than the competent authority and the Commission, and shall give full justification in such cases.

( a ) the trade name of the substance;

( b ) the name of the manufacturer and the notifier;

( c ) physico-chemical data concerning the substance in connection with section 3 of Annexes VII. A, VII.B, VII.C and VII.D;

( d ) the possible ways of rendering the substance harmless;

( e ) the summary results of the toxicological and eco-toxicological tests;

( f ) the degree of purity of the substance or the identity of impurities or additives which are known to be dangerous within the meaning of these Regulations, if essential to classification and labelling for the purpose of introducing the substance into Annex I;

( g ) the recommended methods and precautions referred to in Annexes VII.A, VII.B, VII.C, and VII.D, section 2.3, and the emergency measures referred to in Annex VII.A, VII.B, VII.C and VII.D, sections 2.4 and 2.5;

( h ) the information contained in the safety data sheet;

( i ) in the case of substances in Annex I, analytical methods that make it possible to detect a dangerous substance when discharged into the environment as well as to determine the direct exposure of humans.

( a ) may be brought to the attention of the Commission and the competent authority of another Member State;

( b ) may, when administrative or legal proceedings involving sanctions are undertaken for the purpose of controlling substances placed on the market, be divulged to persons directly involved in such proceedings.

( c ) may be divulged to persons directly involved in providing medical information in the case of exposure or likely exposure of persons to the substance, especially in emergencies, and such information may only be used to formulate preventative and curative measures in relation to exposure of persons to the substance.

18 Packaging

18. A dangerous substance to which these Regulations apply shall not be placed on the market unless its packaging satisfies the following requirements—

( a ) it is so designed and constructed that its contents cannot escape, except in a case where special safety devices are prescribed by Regulations made by the Minister;

( b ) the materials constituting the packaging and fastening are not susceptible to adverse attack by the contents, or liable to form dangerous compounds with the contents;

( c ) the packaging and fastenings are sufficiently strong and solid throughout to ensure that they will not loosen and will safely meet the normal stresses and strains of handling;

( d ) containers fitted with replaceable fastening devices can be repeatedly refastened without the contents escaping;

( e ) containers, containing dangerous substances which are offered or sold to the general public, and which are labelled "very toxic", "toxic" or "corrosive" as defined in these Regulations must have a child resistant fastening and bear a tactile warning of danger;

( f ) containers, containing dangerous substances which are offered or sold to the general public, and which are labelled "harmful", "extremely flammable" or "highly flammable" as defined in these Regulations must bear a tactile warning of danger.

19 Labelling

19. (1) A dangerous substance to which these Regulations apply shall not be placed on the market unless the labelling on its packaging shows clearly and indelibly the following—

( a ) the name of the substance under one of the designations given in Annex I, but where the substance is not yet listed in Annex I, a name using an internationally recognised designation;

( b ) the name and full address, including the telephone number of the person established in the European Communities who is responsible for placing the substance on the market;

( c ) danger symbols, when laid down, and indication of the danger involved in the use of the substance;

( d ) standard phrases (R-phrases) indicating the special risks arising from the dangers involved in using the substance;

( e ) standard phrases (S-phrases) relating to the safe use of the substance;

( f ) the EEC number, when allocated;

( g ) for substances appearing in Annex I, the label shall also include the words "EEC label".

( b ) The symbol shall be printed in black on an orange-yellow background.

( c ) The symbols and indications of danger to be used for each substance shall be those indicated in Annex I.

( d ) For dangerous substances not yet appearing in Annex I the danger symbols and indications of danger shall be assigned according to the rules laid down in Annex VI.

( e ) When more than one danger symbol is assigned to a substance the obligation to indicate:

( b ) The R-phrases to be used for each substance shall be as indicated in Annex I.

( c ) For dangerous substances not yet appearing in Annex I the R-phrases to be used shall be assigned according to the rules laid down in Annex VI.

( b ) The S-phrases to be used for each substance shall be as indicated in Annex I.

( c ) For dangerous substances not yet appearing in Annex I, the S-phrases to be used shall be assigned according to the rules laid down in Annex VI.

( c ) This paragraph shall also apply in the case of the same volume of harmful substances not retailed to the general public.

20 Implementation of labelling

20. (1) Where the particulars required by Regulation 19 appear on a label, that label shall be firmly affixed to one or more surfaces of the packaging so that these particulars can be read horizontally when the package is set down normally.

Capacity of package Dimensions (in millimetres)
Not exceeding three litres: if possible at least 52 x 74
Greater than three litres but not exceeding 50 litres: at least 74 x 105
Greater than 50 litres but not exceeding 500 litres: at least 105 x 148
Greater than 500 litres: at least 148 x 210

21 Advertising

21. A person shall not publish any advertisement for a substance which belongs to one or more of the categories referred to in Regulation 8 (1) ( a )-( o ) unless mention is made in the advertisement of the category or categories concerned.

22 Safety Data Sheet

22. (1) A person placing a dangerous substance to which these Regulations apply on the market shall prepare a safety data sheet giving information on that substance.

( b ) The information required to be contained in the safety data sheet in accordance with subparagraph ( a ) shall be compiled in accordance with the guidelines laid down in the Annex to Directive 93/112/EEC^(29).

( c ) The information required under subparagraph ( a ) shall include—

23 Supply of Substances

23. A notifier shall supply to the competent authority on request such quantities of a notified substance as the competent authority deems necessary for the carrying out of verification tests.

24 Restriction on Sale

24. Where the competent authority is of opinion that a substance, although satisfying the requirements of these Regulations, constitutes a hazard for man or the environment by reason of its classification, packaging or labelling, the competent authority may, by notice in writing to the person who placed the substance on the market, prohibit the sale of that substance or subject its placing on the market to special conditions.

^(29)O.J. No. L314, 16.12.93 p.38

25 Fees Payable by Notifier

25. The fee fixed by column 2 of Schedule 5 shall be payable in advance by a notifier to the competent authority in relation to any matter referred to in the corresponding entry in column 1 of that Schedule.

26 Taking and Detention of Substances

26. (1) An inspector may, seize and retain, or seize, remove and retain any substance which he believes is a substance to which these Regulations apply and in relation to which he has reasonable grounds for suspecting that there is or has been a failure to comply with any provision of these Regulations.

( a ) require things specified in the notice to be done in relation to the substance before it is released by an inspector;

( b ) either—

such disposal to be, in either case, such as will prevent the substance from being again placed on the market, and, where a notice given under this paragraph requires specified things to be done in relation to a substance, the inspector shall retain control of the substance to which the notice relates until the requirements of the notice have been complied with.

may order that the substance be disposed of in the manner specified in the notice, or in such other manner as may be specified by the court which, in the opinion of the court, will prevent the substance from being placed on the market.

( b ) Where an order made by a court under this paragraph requires the substance to which it relates to be disposed of by an inspector, the cost of such disposal shall be recoverable by the competent authority as a simple contract debt in any court of competent jurisdiction from the person who was the owner of the product at the time of its seizure under this Regulation.

( a ) where an appeal is taken against the notice, the appeal is withdrawn;

( b ) in any other case, the period within which such an appeal may be taken has expired.

( a ) in case the estimated value of the substance and cost of complying with the order to which the appeal relates does not exceed £5,000, the District Court for the district in which the goods were seized;

( b ) in case the estimated amounts aforesaid does not exceed £30,000, the Judge of the Circuit Court for the circuit in which the goods were seized;

( c ) in any other case, the High Court.

( b ) If, in relation to an appeal under this regulation to the Circuit Court, that court becomes of opinion during the hearing of the appeal that the estimated amounts aforesaid will exceed £30,000, it may, if it so thinks fit, by order transfer the appeal to the High Court.

27 Revocations

27. The following are hereby revoked:—

( a ) The European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979 ( S.I. No. 383 of 1979 );

( b ) The European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982 ( S.I. No. 258 of 1982 );

( c ) The European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) (Amendment) Regulations, 1985 ( S.I. No. 89 of 1985 );

( d ) The European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1992 ( S.I. No. 426 of 1992 ).

SCHEDULE 1

Regulation 22

Obligatory Headings for Safety Data Sheets

1.

Identification of the substance/preparation and of the company/undertaking;

2.

Composition/information on ingredients;

3.

Hazards identification;

4.

First-aid measures;

5.

Fire-fighting measures;

6.

Accidental release measures;

7.

Handling and storage;

8.

Exposure controls/personal protection;

9.

Physical and chemical properties;

10.

Stability and reactivity;

11.

Toxicological information;

12.

Ecological information;

13.

Disposal considerations;

14.

Transport information;

15.

Regulatory information;

16.

Other information.

SCHEDULE 2

RISK PHRASES

Regulation 19 (1) ( d )

1.

The risk phrase or phrases to be marked on the package of a dangerous substance or contained in the label in accordance with the provisions of these Regulations shall be selected in accordance with the provisions of Annex VI to Directive 67/548/EEC.

2.

The risk phrase or phrases required to be marked on the package of a dangerous substance or contained in the label in accordance with the provisions of paragraph 1 shall conform to those contained in Annex III to Directive 67/548/EEC, as set out in the Tables below.

3.

In the case of a dangerous substance assigned two or more single risk phrases contained in Table A below in accordance with the provisions of paragraph 1, and which can be combined in a combined risk phrase contained in Table B below, that combined risk phrase shall be assigned to the dangerous substance in place of the single phrases assigned.

TABLE A

SINGLE RISK PHRASES

Risk Phrase Reference No. Risk Phrase
R1 Explosive when dry
R2 Risk of explosion by shock, fire or other sources of ignition
R3 Extreme risk of explosion by shock, friction, fire or other sources of ignition
R4 Forms very sensitive explosive metallic compounds
R5 Heating may cause an explosion
R6 Explosive with or without contact with air
R7 May cause fire
R8 Contact with combustible material may cause fire
R9 Explosive when mixed with combustible materials
R10 Flammable
R11 Highly flammable
R12 Extremely flammable
R14 Reacts violently with water
R15 Contact with water liberates highly flammable gases
R16 Explosive when mixed with oxidizing substances
R17 Spontaneously flammable in air
R18 In use, may form flammable/explosive vapour-air mixture
R19 May form explosive peroxides
R20 Harmful by inhalation
R21 Harmful in contact with skin
R22 Harmful if swallowed
R23 Toxic by inhalation
R24 Toxic in contact with skin
R25 Toxic if swallowed
R26 Very toxic by inhalation
R27 Very toxic in contact with skin
R28 Very toxic if swallowed
R29 Contact with water liberates toxic gas
R30 Can become highly flammable in use
R31 Contact with acids liberates toxic gas
R32 Contact with acids liberates very toxic gas
R33 Danger of cumulative effects
R34 Causes burns
R35 Causes severe burns
R36 Irritating to eyes
R37 Irritating to respiratory system
R38 Irritating to skin
R39 Danger of very serious irreversible effects
R40 Possible risk of irreversible effects
R41 Risk of serious damage to eyes
R42 May cause sensitisation by inhalation
R43 May cause sensitisation by skin contact
R44 Risk of explosion if heated under confinement
R45 May cause cancer
R46 May cause heritable genetic damage
R48 Danger of serious damage to health by prolonged exposure
R49 May cause cancer by inhalation
R50 Very toxic to aquatic organisms
R51 Toxic to aquatic organisms
R52 Harmful to aquatic organisms
R53 May cause long-term adverse effects in the aquatic environment
R54 Toxic to flora
R55 Toxic to fauna
R56 Toxic to soil organisms
R57 Toxic to bees
R58 May cause long-term adverse effects in the environment
R59 Dangerous for the ozone layer
R60 May impair fertility
R61 May cause harm to the unborn child
R62 Possible risk of impaired fertility
R63 Possible risk of harm to the unborn child
R64 May cause harm to breastfed babies

TABLE B

COMBINED RISK PHRASES

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