S.I. No. 272/2008 - European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2008

S.I. No. 272 of 2008

EUROPEAN COMMUNITIES (CLASSIFICATION, PACKAGING, LABELLING AND NOTIFICATION OF DANGEROUS SUBSTANCES) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th July, 2008.

I, MARY COUGHLAN, Minister for Enterprise, Trade 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 Directive 2006/121/EC of the European Parliament and of the Council of 18 December 2006 ¹ and for the purpose of giving further effect to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 ² , hereby make the following regulations:

1.

• (2) The European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 and 2006 and these Regulations may be cited together as the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 to 2008.

2.

• (a) in Regulation 2—

• (i) paragraph (1)—

• (I) by deleting the following definitions:

• (A) “Annex V”;

• (B) “Annex VII.A”;

• (C) “Annex VII.B”;

• (D) “Annex VII.C”;

• (E) “Annex VII.D”;

• (F) “Annex VIII”;

• (G) “notification”;

• (H) “polymer”;

• (I) “process-orientated research and development”;

• (J) “scientific research and development;”,

• (II) by substituting for the definition of “Annex VI” the following:

“ ‘Annex VI’ means Annex VI to Council Directive 67/548/EEC ³ , as lastly amended by Council Directive 2006/121/EC of 18 December 2006, as set out in Schedule 5;”,

and

• (III) in the definition of “Directives”, by substituting for “2001/58/EC of 27 July 2001 ⁴⁰ and 2001/59/EC of 6 August 2001 ⁴¹ ” the following:

“2001/58/EC of 27 July 2001 40 , 2001/59/EC of 6 August 2001 41 and 2006/121/EC of 18 December 2006 ^41a ”,

• (IV) by inserting after the definition of “preparations” the following:

“ ‘REACH Regulation’ means Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 ⁷ ”,

and

• (ii) by inserting after paragraph (3) the following:

• “(4) References in these Regulations to Annexes VII A, VII B, VII C, VII D and VIII of Council Directive 67/548/EEC shall be construed as references to the corresponding Annexes VI, VII, VIII, IX, X and XI of the REACH Regulation.”,

• (b) in Regulation 3—

• (i) paragraph (2), by substituting “Regulation 4 or 22” for “Regulation 4, 15 or 22”, and

• (ii) paragraph (5), by substituting “packaging and labelling

requirements” for “packaging, labelling and safety data sheet requirements”,

• (c) by substituting for Regulation 5 the following:

“5. The competent authority shall be the Health and Safety Authority.”,

• (d) by substituting for Regulation 6 the following:

“6. (1) A person shall not place on the market a substance, on its own or in a preparation, unless it has been packaged and labelled in accordance with Regulations 19 to 22 and with the criteria in Schedule 5, and for registered substances, in accordance with the information obtained through the application of Articles 12 and 13 of the REACH Regulation, save in the case of preparations where provisions exist in other Directives.

• (2) The measures referred to in paragraph (1) shall apply until the substance is listed in Schedule 1 or until a decision not to list it is taken in accordance with the procedure laid down in Article 29 of Council Directive 67/548/EEC.”,

• (e) by substituting for Regulation 7 the following:

“Testing and assessment of properties of substances

1. For the purposes of these Regulations tests on substances shall be conducted according to the requirements of Article 13 of the REACH Regulation.”,

• (f) in Regulation 20(12), by substituting for subparagraph (b) the following:

• “(b) the information regarding effects on human health is transmitted to professional or industrial users, distributors, wholesalers, retailers and consumers by the person placing the propane, butane or liquefied petroleum gas on the market, and”,

• (g) in Regulation 29(1)—

• (i) by substituting for subparagraph (a) the following:

• “(a) contravenes Regulation 6, 9, 19, 20, 21, 23 or 28(3),”,

• (ii) in subparagraph (b), by substituting “Regulations, or” for “Regulations,”, and

• (iii) by deleting subparagraphs (c) and (d),

• (h) by revoking Regulations 10 to 18, 24, 25 and 27, and Schedules 6, 8 and 9, and

• (i) by substituting for Schedule 5 the following: