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2001 No. 168

HEALTH AND SAFETY

Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2001

  Made 11th April 2001 
  Coming into operation 15th May 2001 

The Department of Enterprise, Trade and Investment[1], being a Department designated[2] for the purpose of section 2(2) of the European Communities Act 1972[3] in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, and for measures related to consumer protection, in the exercise of the powers conferred on it by the said section 2(2) and, being the Department concerned[4], in exercise of the powers conferred by Articles 17(1), (2), (4), (5) and (6), and 55(2) of, and paragraphs 1(1), (4) and (5), and 2, 14 and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978[5] and of every other power enabling it in that behalf, and for the purpose of giving effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A) of that Order[6] after the carrying out by the said Executive of consultations in accordance with Article 46(3) of that Order[7], hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 15th May 2001.

Interpretation
     2.  - (1) In these Regulations, "the principal Regulations" means the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995[8].

    (2) The Interpretation Act (Northern Ireland) 1954[9] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the principal Regulations
     3.  - (1) The principal Regulations shall be amended in accordance with the following paragraphs.

    (2) In regulation 2(1), in the definition of "approved classification and labelling guide", for the words "3rd Edition" there shall be substituted the words "Fourth edition".

    (3) For regulation 4 there shall be substituted the following regulation - 

    (4) In regulation 13 - 

    (5) In Schedule 6 - 

    (6) In Schedule 7, for the words from " "BS 7280" " to "warning of danger", there shall be substituted the words - 

Transitional provisions
     4. Until 1st June 2001 any person who complies with the requirements of the principal Regulations, as they had effect immediately before 15th May 2001, shall be deemed to comply with the requirements of the principal Regulations as amended by these Regulations.



Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


11th April 2001.

L.S.


M. Bohill
A senior officer of the Department of Enterprise, Trade and Investment


SCHEDULE
Regulation 3(5)(a)


Part to be substituted for Part IIIA of Schedule 6 to the principal Regulations





EXPLANATORY NOTE

(This note is not part of the Regulations.)


     1. These Regulations amend the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 60) ("the principal Regulations").

     2. The amendments made by regulation 3(2), (3), (4) and (6) implement, for Northern Ireland - 

Article 1 of Commission Directive 98/98/EC (O.J. No. L335, 30.12.98, p. 1) adapting to technical progress for the 25th time, and

Article 1(1) and (7) of Commission Directive 2000/32/EC (O.J. No. L136, 8.6.00, p. 1) adapting to technical progress for the 26th time,

Council Directive 67/548/EEC (O.J. No. L196, 16.8.67, p. 1) on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

     3. The amendment made by regulation 3(5)(a) and the Schedule partially implements, for Northern Ireland - 

Article 1(2) of European Council and Parliament Directive 97/56/EC (O.J. No. L333, 4.12.97, p. 1) ("the 16th Amendment Directive"), which amended for the 16th time, and

European Council and Parliament Directive 99/43/EC (O.J. No. L166, 1.7.99, p. 87) ("the 17th Amendment Directive"), which amended for the 17th time,

Council Directive 76/769/EEC (O.J. No. L262, 27.9.76, p. 201) 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.

This amendment and the provisions of the Dangerous Substances and Preparations (Safety) (Consolidation) and Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2000 (S.I. 2000/2897) fully implement, for Northern Ireland, Article 1(2) of the 16th Amendment Directive and the 17th Amendment Directive.

     4. The Regulations amend the reference in regulation 2 of the principal Regulations to the approved classification and labelling guide. The reference to that guide is now to the fourth edition of the guide. The approved classification and labelling guide is approved for the purpose of classifying substances and preparations dangerous for supply (regulation 3(2)).

     5. The Regulations amend the reference in regulation 4 of the principal Regulations to the approved supply list. The reference to that list is now to the Sixth edition of the list approved by the Health and Safety Commission on 15th August 2000. The approved supply list is approved for the purpose of classifying substances and preparations dangerous for supply (regulation 3(3)).

     6. The Regulations make minor amendments to regulation 13 of, and Schedule 7 to, the principal Regulations, which relate to child resistant fastenings and tactile warning devices (regulation 3(4) and (6)).

     7. The Regulations substitute the list of carcinogenic and mutagenic substances and certain substances toxic for reproduction contained in Part IIIA of Schedule 6 to the principal Regulations with a list updated to take account of the 16th and 17th Amendment Directives. The principal Regulations require that a substance specified in that list or a preparation containing such a substance must in certain circumstances be labelled with the phrase "Restricted to professional users" (regulation 3(5)(a) and the Schedule).

     8. The Regulations amend the title of Part IIIB of Schedule 6 to the principal Regulations by removing words which are not relevant to that Part (regulation 3(5)(b)).

     9. The Regulations provide for a transitional period until 1st June 2001 during which a person may either comply with the principal Regulations as amended by these Regulations or the principal Regulations as they were in operation immediately before these Regulations came into operation (regulation 4).

     10. Copies of the approved classification and labelling guide (Fourth edition) (ISBN 0-7176-1726-2) and the approved supply list (Sixth edition) (ISBN 0-7176-1832-3) are available from The Stationery Office Bookshop, 16 Arthur Street Belfast BT1 4GD or from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

     11. In Great Britain the corresponding Regulations are the Chemicals (Hazard Information and Packaging for Supply) (Amendment) (No. 2) Regulations 1999 (S.I. 1999/3165), the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2000 (S.I. 2000/2381) and the Dangerous Substances and Preparations (Safety) (Consolidation) and Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2000 (S.I. 2000/2897). The Health and Safety Executive and the Department of Trade and Industry have prepared regulatory impact assessments in relation to those Regulations and a copy of those assessments, together with a Northern Ireland Supplement prepared by the Health and Safety Executive for Northern Ireland is held at that Executive's offices at 83 Ladas Drive, Belfast BT6 9FR, from where copies may be obtained on request.

Notes:

 [1] Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5)back

[2] S.I. 1976/897 and S.I. 1993/2661back

[3] 1972 c. 68; the definition of the Treaties referred to in section 2(2) was extended by section 1 of the European Economic Area Act 1993 (c. 51)back

[4] See Article 2(2) of S.I. 1978/1039 (N.I. 9)back

[5] S.I. 1978/1039 (N.I. 9)back

[6] Article 13(1) was amended by S.I. 1998/2795 (N.I. 18), Article 4back

[7] Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c)back

[8] S.R.1995 No. 60, as amended by S.R. 1996 No. 376, S.R. 1997 No. 398, S.R. 1998 No. 459, S.R. 1999 No. 150 and S.R. 1999 No. 303back

[9] 1954 c. 33 (N.I.)back


ISBN 0-337-05378-2


  © Crown copyright 2001

Prepared 26 April 2001

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URL: http://www.bailii.org/nie/legis/num_reg/2001/20010168.html