S.I. No. 107/2000 - European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 2000

Point 30 (of Schedule 1) — Mutagens

List 3, category 1 mutagens

No substances classified in this category.

Point 30 (of Schedule 1) — Mutagens

List 4, category 2 mutagens

Point 31 (of Schedule 1) — Toxic for reproduction

List 5, category 1 substances toxic for reproduction

Point 31 (of Schedule 1) — Toxic for reproduction

List 6, category 2 substances toxic for reproduction

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 implement Council Directive No. 76/769/EEC of 27 July 1976 on the Marketing and Use of Certain Dangerous Substances and Preparations, as amended by Council Directive No. 79/663/EEC of 24 July 1979, Council Directive No. 82/806/EEC of 22 November 1982, Council Directive No. 83/264/EEC of 16 May 1983, Council Directive No. 83/478/EEC of 19 September 1983, Council Directive No. 85/467/EEC of 1 October 1985, Council Directive No. 89/677/EEC of 21 December 1989, Council Directive No. 91/338/EEC of 18 June 1991, Council Directive No. 91/339/EEC of 18 June 1991, Directive No. 94/27/EC of the European Parliament and of the Council of 30 June 1994, European Parliament and Council Directive No. 94/60/EC of 20 December 1994, Commission Directive No. 96/55/EC of 4 September 1996, Commission Directive No. 97/10/EC of 26 February 1997, Directive 97/16/EC of the European Parliament and of the Council of 10 April 1997, Directive No. 97/56/EC of the European Parliament and of the Council of 20 October 1997, Commission Directive 97/64/EC of 10 November 1997, Directive No. 1999/43/EC of the European Parliament and of the Council of 25 May 1999, Commission Directive No. 1999/51/EC of 26 May 1999 and Commission Directive No. 1999/77/EC of 26 July 1999.

The Regulations lay down the restrictions and conditions which must be observed in the marketing and use of the substances and preparations listed in the Schedules to the Regulations and they specify the powers available to inspectors in the enforcement of these restrictions and conditions. The Regulations are enforced by inspectors of the National Authority for Occupational Safety and Health and, in relation to the restriction of certain biocidal products, by authorised officials of the Department of Agriculture, Food and Rural Development.

These Regulations, on coming into operation, revoke the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1998 ( S.I. No. 462 of 1998 ), other than the provisions at Reference Numbers Points 20 (relating to Organostannic compounds) and 22 (relating to Pentachlorophenol) of the First Schedule to those Regulations. Those provisions will remain in operation until 1 September 2000, when they will be replaced by the corresponding provisions of these Regulations at rescheduled Reference Numbers Points 21 and 23 of Schedule 1.

In addition to retransposing Council Directive No. 76/769/EEC and various amending Directives these Regulations, transpose for the first time:-

• (1) Directive No. 94/27/EC of the European Parliament and of the Council of 30 June 1994, (re. Nickel) amending for the 12^th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations, which is transposed at Reference Number Point 28 of Schedule 1. From 20 July 2000 no manufacturer or importer may place on the market specified nickel products which fail to comply with the provisions at Reference Number Point 28 of Schedule 1 of the Regulations. From 20 July 2001 specified nickel products which fail to comply with the provisions at Reference Number Point 28 of Schedule 1 of the Regulations may not be sold or made available to the final consumer unless they have been placed on the market before 20 January 2000.

• (2) Directive No. 97/56/EC of the European Parliament and of the Council of 20 October 1997, amending for the 16^th time Council Directive 76/769/EEC, which is transposed at Reference Numbers Points 29 (Carcinogens), 30 (Mutagens) and 31 (Substances toxic for reproduction) of Schedule 1, as well as in the entirety of Schedule 3 of the Regulations.

• (3) Directive No. 1999/43/EC of the European Parliament and of the Council of 26 July 1999, amending for the 17^th time Council Directive 76/769/EEC, which is transposed at Reference Numbers Points 29 (Carcinogens), 30 (Mutagens) and 31 (Substances toxic for reproduction) of Schedule 1, as well as in the entirety of Schedule 3 of the Regulations.

• (4) Commission Directive No. 1999/51/EC of 26 May 1999, adapting to technical progress for the fifth time Annex 1 to Council Directive 76/769/EEC re tin, PCP and cadmium, which is transposed at Reference Numbers Points 21 (Organostannic compounds) and 23 (Pentachlorophenol) of Schedule 1 of the Regulations. These provisions apply from 1 September 2000. Until that date the provisions at Reference Numbers Points 20 (relating to Organostannic compounds) and 22 (relating to Pentachlorophenol) of the First Schedule to the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1998 ( S.I. No. 462 of 1998 ) remain in operation.

• (5) Commission Directive No. 1999/77/EC of 26 July 1999, adapting to technical progress for the sixth time Annex 1 to Council Directive 76/769/EEC re asbestos, which is transposed at Reference Number Point 6 of Schedule 1 of the Regulations. The placing on the market and use of chrysotile and of products containing this fibre added intentionally is prohibited from the coming into operation of the Regulations, other than a limited number of derogations until 1 January 2001, 1 January 2004 and 1 January 2005, respectively, as specified at Reference Number Point 6 of Schedule 1 of the Regulations. (The Regulations also retranspose the existing ban on the placing on the market and use of crocidolite, amosite, anthophyllite asbestos, actinolite asbestos, and tremolite asbestos. The use of products containing the asbestos fibres listed above, as referred to in points 6.1 and 6.2 in column (2) of Schedule 1, which were already installed or in service before the commencement of the Regulations continues to be authorised, in accordance with any relevant statutory requirements, until they are properly disposed of or reach the end of their service life.)

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