S.I. No. 294/1988:

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MAKING AND USE) PREPARATIONS, 1988.

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MAKING AND USE) PREPARATIONS, 1988.

I, BERTIE AHERN, T.D., Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 85/610/EEC of 20 December, 1985, I hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1988.

(2) These Regulations shall come into operation on the 1st day of December, 1988.

(3) The European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 to 1987, and these Regulations may be cited together as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 to 1988.

(4) The European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 to 1987 and these Regulations shall be construed together as one.

2. (1) In these Regulations--

"the Directive of 1985" means Council Directive No. 85/610/EEC of 20 December, 1985;¹

"the Principal Directive" means Council Directive No. 76/769EEC of 27 July, 1976;²

"the Principal Regulations" means the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 ( S.I. No. 382 of 1979 );

¹O.J. No. L375/1, 31.12.1985.

²O.J. No. L262/201, 27.9.1976.

"the Regulations of 1981" means the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981 ( S.I. No. 149 of 1981 );

"the Regulations of 1986" means the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1986 ( S.I. No. 47 of 1986 ).

(2) Regulations 2 (4) of the Principal Regulations shall apply to the requirements of Regulation 4 of these Regulations in like manner as it applies to the requirements of Regulations 3 and 4 of the Principal Regulations.

(3) Regulation 10 of the Principal Regulations shall apply to proceedings for an offence in which it is alleged that there was a contravention of Regulations 4 of these Regulations as it applies to proceedings which are proceedings described in the said Regulation 10 and, accordingly, the reference in the said Regulation 10 to the dangerous substance shall be construed as including a reference to a fibre to which Regulation 4 of these Regulations applies.

3. The references in Regulations 3 and 4 of the Regulations of 1986 to points 5.1 and 5.2 respectively of Annex 1 to the Principal Directive are hereby amended so as to refer to references to points 6.1 and 6.2 respectively of that Annex (as amended by Article 1 of the Directive of 1985).

4. (1) This Regulation applies to any fibre specified in point 6.3 (inserted by Article 1 of the Directive of 1985) of Annex 1 to the Principal Directive, namely, asbestos fibres Chrysotile, Amosite, Anthophyllite, Actinolite and Tremolite.

(2) Subject to Regulation 2 (4) of the Principal Regulations (as extended by Regulation 2 (2) of these Regulations and paragraph (¾(OF THIS Regulation), a person shall neither--

(a) place on the market any product which contains a fibre to which this Regulation applies, nor

(b) use any substance or any product which contains a fibre to which this Regulation applies,

in any of the following, that is to say--

(i) toys;

(ii) materials or preparations intended to be applied by spraying;

(iii) finished products which are retailed to the public in powder form;

(iv) items for smoking such as tobacco pipes and cigarette and cigar holders;

(v) catalytic filters and insulation devices for incorporation in catalytic heaters using liquefied gas; or

paints and varnishes.

(3) This Regulation shall not apply to bituminous compounds containing asbestos intended to be applied by spraying as vehicle undersealing for anti-corrosion protection.

5. Regulations 5 and 6 of the Principal Regulations shall each be construed and have effect as if each of the references therein to

a or to any dangerous substance (or to any such or such substance) included a reference to a fibre to which Regulation 4 of these Regulations applies.

6. A person appointed under Regulation 6 of the Regulations of 1981 shall have power to enter, inspect, examine and search at all reasonable times any premises or other land which he has reasonable cause to believe is being used for or in connection with the marketing of any fibre to which Regulation 4 of these Regulations applies.

7. (1) A person who contravenes Regulation 4 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(2) Any person who obstructs or interferes with a person in the course of exercising a power conferred on him by virtue of Regulation 6 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

8. Proceedings for an offence under Regulation 7 of these Regulations in which it is alleged that there was either --

(a) marketing in contravention of Regulation 4 of these Regulations, or

(b) in relation to a person appointed under Regulation 6 of the Regulations of 1981 to be an authorised person, an obstruction or interference referred to in Regulation 7 (2) of these Regulations,

may (in lieu of being prosecuted by the Minister, be prosecuted by the Minister for Industry and Commerce.

GIVEN under my Official Seal, this 17th day of November, 1988.

BERTIE AHERN, T.D.

Minister for Labour.

EXPLANATORY NOTE.

These Regulations prohibit the marketing/use of products/substances containing asbestos fibres Chrysotile, Amosite, Anthophyllite, Actinalite and Tremolite which may be harmful to human health.