S.I. No. 220/2003 - European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations 2003

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

Point 43 (of Schedule 1) - Azocolourants

List of Aromatic Amines

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, Commission Directive No. 1999/77/EC of 26 July 1999, Directive No. 2001/41/EC of the European Parliament and of the Council of 19 June 2001, Commission Directive No. 2001/90/EC of 26 October 2001 Commission Directive No. 2001/91/EC of 29 October 2001, Directive No. 2002/45/EC of the European Parliament and of the Council of 25 June 2002, Directive No. 2002/61/EC of the European Parliament and of the Council of 19 July 2002 and Commission Directive No. 2002/62/EC of 9 July 2002.

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 and Food.

These Regulations, on coming into operation, revoke the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 2000 ( S.I. No. 107 of 2000 ) other than the provisions at reference numbers 32 (relating to creosote) and 41 (relating to hexachloroethane) of Schedule 1 to those Regulations which shall be revoked on 30 June 2003.

The provisions at point 42 of Schedule 1 to these Regulations relating to Alkanes, C10-C13 chloro (short-chain chlorinated paraffins) take effect from 6 January 2004.

The provisions at point 43 of Schedule 1 to these Regulations (and associated list of aromatic amines in the Third Schedule) relating to azocolourants, take effect from 11 September 2003.

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

• (i) Directive No. 2001/41/EC of the European Parliament and of the Council of 19 June amending, for the twenty-first time, Council Directive 76/769/EEC, which is transposed at Reference Number Points 29 (Carcinogens) and 31 (Substances toxic for reproduction) of Schedule 1, as well as Note R of Schedule 3.

• (ii) Commission Directive No. 2001/90/EC of 26 October 2001, adapting to technical progress for the seventh time Annex 1 to Council Directive 76/769/EEC regarding creosote, which is transposed at Reference Number Point 32 of Schedule 1 to the Regulations. These provisions apply from 30 June 2003. Until that date the provisions at Reference Number Point 32 of the First Schedule to the European Communities (Dangerous Substances and Preparations)(Marketing and Use) Regulations, 2000 ( S.I. No. 107 of 2000 ) remain in operation.

• (iii) Commission Directive No. 2001/91/EC of 29 October 2001, adapting to technical progress for the eighth time Annex 1 to Council Directive 76/769/EEC regarding hexachloroethane, which is transposed at Reference Number 41 of Schedule 1 to the Regulations. These provisions apply from 30 June 2003. Until that date the provisions at Reference Number Point 41 of the First Schedule to the European Communities (Dangerous Substances and Preparations)(Marketing and Use) Regulations, 2000 ( S.I. No. 107 of 2000 ) remain in operation.

• (iv) Directive No. 2002/45/EC of the European Parliament and of the Council of 25 June 2002, amending for the twentieth time Council Directive 76/769/EEC regarding short-chain chlorinated paraffins, which is transposed at Reference Number 42 of Schedule 1 to the Regulations. These provisions apply from 6 January 2004.

• (v) Directive No. 2002/61/EC of the European Parliament and of the Council of 19 July 2002, amending for the nineteenth time Council Directive 76/769/EEC relating to azocolourants, which is transposed at Reference Number 43 of Schedule 1 with an associated list of aromatic amines in Schedule 3 to the Regulations.

• (vi) Commission Directive No. 2002/62/EC of 9 July 2002, adapting to technical progress for the ninth time Annex 1 to Council Directive 76/769/EEC regarding organostannic compounds, which is transposed at Reference Number 21 of Schedule 1 to the Regulations. These provisions apply with immediate effect.

Footnotes