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    (2) Expressions used in these Regulations have the same meaning as in 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[4] as last amended by Commission Directive 2004/98/EC[5].

Scope
     3. These Regulations do not apply to - 

(a) the placing on the market or use of dangerous substances or preparations for research and development or analysis purposes;

(b) the carriage of dangerous substances or preparations by rail, road, inland waterway, sea or air;

(c) dangerous substances or preparations exported to a country which is not a Member State of the European Community nor Norway, Iceland or Liechtenstein; and

(d) dangerous substances or preparations in transit and subject to customs inspection, provided that they undergo no processing.

Prohibition on the placing on the market and use of pentabromodiphenyl ether
     4.  - (1) Subject to paragraph (3), no person shall place on the market - 

(a) pentabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass;

(b) any articles which contain pentabromodiphenyl ether in concentrations higher than 0.1% by mass; or

(c) any articles which include any flame-retarded parts which contain pentabromodiphenyl ether in concentrations higher than 0.1% by mass.

    (2) Subject to paragraph (3), no person shall use pentabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass.

    (3) This Regulation shall not apply to aircraft emergency evacuation systems before 31st March 2006.

Prohibition on the placing on the market and use of octabromodiphenyl ether
     5.  - (1) No person shall place on the market - 

(a) octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass;

(b) any articles which contain octabromodiphenyl ether in concentrations higher than 0.1% by mass; or

(c) any articles which include any flame-retarded parts which contain octabromodiphenyl ether in concentrations higher than 0.1% by mass.

    (2) No person shall use octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass.

Offences and penalties
     6.  - (1) Any person who contravenes regulation 4 or 5, or causes or permits another person to contravene either of those regulations, shall be guilty of an offence.

    (2) Any person guilty of an offence under paragraph (1) shall be liable - 

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months; and

(b) on conviction on indictment, to a fine or to imprisonment not exceeding two years or to both.

    (3) Where an offence under paragraph (1) committed by a body corporate is proved - 

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on his part,

the officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.

    (4) In paragraph (3) "officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

    (5) If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (6) Where an offence under paragraph (1) committed by a Scottish partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who - 

(a) is a partner; or

(b) purports to act in that capacity,

that person as well as the Scottish partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

Revocations
     7. The Controls On Pentabromodiphenyl Ether And Octabromodiphenyl Ether Regulations 2004[6] are revoked.


Alun Michael
Minister of State Department for Environment, Food and Rural Affairs

9th December 2004

[2] 1972 c. 68.back

[3] The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998.back

[4] OJ No. L262, 27.9.1976, p. 201.back

[5] OJ No. L305, 1.10.2004, p. 63.back

[6] S.I. 2004/371.back

  © Crown copyright 2004