S.I. No. 383/1979 - European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979.

S.I. No. 383 of 1979.

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES) (CLASSIFICATION, PACKAGING AND LABELLING) REGULATIONS, 1979.

I, GENE FITZGERALD, 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. 67/548/EEC of 27 June, 1967, as amended, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979.

2. (1) In these Regulations—

" Annex I " means Annex I to the directive (inserted therein by Commission Directive No. 76/907/EEC of 14 July, 1976);¹

¹ OJ No. L 360 30 December, 1976 P. 1—424.

" Annex II " means Annex II to the directive (inserted therein by Council Directive No. 73/146/EEC of 21 May, 1973 );²

² OJ No. L 167 25 June, 1973 P. 1-2, P. 105 and P.128.

" Annex III " means Annex III to the directive (inserted therein by the said Commission Directive No. 76/907/EEC);

" Annex IV " means Annex IV to the directive (inserted therein by the said Commission Directive No. 76/907/EEC);

" Annex V " means Annex V to the directive (inserted therein by the said Council Directive No. 73/146/EEC);

"the directive" means Council Directive No. 67/548/EEC of 27 June, 1967,³ as amended by Council Directive No. 69/81/EEC of 13 March, 1969,⁴ Council Directive No. 70/189/EEC of 6 March, 1970,⁵ Council Directive No. 71/144/EEC of 22 March, 1971,⁶ Council Directive No. 73/146/EEC, Council Directive No. 75 /409/ EEC of 24 June, 1975 ⁷ and Commission Directive No. 76/907/EEC;

³ OJ No. L 196 16 August, 1967 P. 234-237.

⁴ OJ No. L 68 19 March, 1969 P. 1-4.

⁵ OJ No. L 59 14 March, 1970 P. 147.

⁶ OJ No. L 74 29 March, 1971 P 180.

⁷ OJ No. L 183 14 July, 1975 P. 22-24.

"inspector" means a person appointed by the Minister to be an inspector for the purposes of these Regulations;

" Member State " means a Member State of the European Communities;

" the Minister " means the Minister for Labour;

(2) A word or expression that is used in these Regulations and is also used in the directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the directive.

3. These Regulations apply to any dangerous substance which is a substance mentioned or described in Annex I, other than such a dangerous substance which is shown to the satisfaction of the Minister to be intended for export to a country or territory which is not a Member State.

4. For the purposes of these Regulations, the flash point of a liquid substance or of a liquid preparation which is below 55°C shall be determined in accordance with Annex V.

5. (1) A dangerous substance to which these Regulations apply shall not be placed on the market unless—

( a ) the strength and impermeability of the packaging of the substance satisfy the requirements of Article 5 of the directive,

( b ) (i) the labelling on its packaging complies with the requirements of Articles 6 and 7 of the directive, and

(ii) there is used as regards the substance a reference to any special risk required to be indicated by the said Article 6,

( c ) in case packaging is accompanied by advice on safety precautions relating to the use of the substance, the wording of the advice shall comply with the requirements of Article 6 (3) of the directive.

(2) ( a ) This Regulation shall not apply as regards gases which are compressed or are liquefied or dissolved under pressure,

( b ) Paragraph (1) (b) (i) of this Regulation shall not apply where the particulars laid down by Article 6 of the directive are clearly shown on the immediate package, as specified in the first paragraph of Article 7 of the directive.

6. Where for the purpose of complying with Regulation 5 of these Regulations a package is labelled, the size of the label, its placing, contents, colour and presentation shall comply with the requirements of Article 7 of the directive, and in addition to the foregoing the label shall be worded at least in the Irish language, the English language or in both those languages.

7. (1) Notwithstanding Regulation 6 of these Regulations, where packaging containing a dangerous substance to which these Regulations apply is too small or is otherwise unsuitable to enable the requirements of Regulation 5 (1) (b) of these Regulations and the said Regulation 6, insofar as it regulates the placing and size of labels, to be complied with, it may be placed on the market if, but only if,

( a ) there is clearly and indelibly marked on, or on an adhesive or other non-tie-on label attached to, the package,

(i) the name of the substance indicated in accordance with Article 6 of the directive, and

(ii) the symbol and indication of danger required by the said Article 6, and

( b ) there are placed inside, or otherwise accompany, the package written particulars both giving the origin of the substance indicated in accordance with the said Article 6 and including a reference to any special risk required to be indicated by that Article.

(2) Notwithstanding Regulation 6 of these Regulations (but subject to subparagraphs (a), (b) (ii) and (c) of Regulation 5 (1) of these Regulations), where packaging contains a dangerous substance to which these Regulations apply and which is neither explosive nor toxic and the quantity thereof is such that there is no danger to workers or other persons, the packaging may be placed on the market if, but only if, there is clearly and indelibly marked on, or on an. adhesive or other non-tie-on label attached to, the packaging the name of the substance indicated in accordance with Article 6 of the directive.

8. (1) Where the Minister is of opinion that, notwithstanding compliance with these Regulations, a dangerous substance to which these Regulations apply would constitute a hazard to health or safety, then the Minister may give a direction,

( a ) prohibiting the sale of the substance, or

( b ) requiring that the substance shall be sold only if conditions or other requirements specified in the direction are complied with,

and in case the Minister gives a direction under this Regulation, the direction shall remain in force until such time as the procedure laid down in Article 8e of the directive (inserted therein by Council Directive No. 75/409/EEC) has, as regards the dangerous substance to which the direction relates, been complied with.

(2) In case the Minister gives a direction under this Regulation, or in case such a direction ceases to be in force, the Minister shall, as soon as may be, give notice thereof in such manner as, having regard to the particular circumstances, he considers appropriate.

9. (1) An inspector shall have power to—

( a ) enter, inspect, examine and search at all reasonable times—

(i) any structure or any premises or other land which he has reasonable cause to believe is being used for or in connection with the manufacture, storage packing or placing on the market of any dangerous substance to which these Regulations apply,

(ii) any premises or other land on or in which he has reasonable cause to believe there is used any process involving the use of any such substance,

(iii) any ship or other vessel, aircraft or railway wagon or other vehicle in or on which he has reasonable cause to believe any such substance is present;

( b ) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

( c ) in case he enters any structure, premises or other land, ship or other vessel, aircraft or railway wagon or other vehicle pursuant to this Regulation—

(i) to require the person who appears to him to be in charge of the structure, premises or other land, ship or other vessel, aircraft or railway wagon or other vehicle to produce any dangerous substance which is in his possession or under his control,

(ii) to require such person, or any person employed in or on such structure, premises or other land, ship or other vessel, aircraft or railway wagon or other vehicle, to produce any books, records or other documents which relate to transactions concerning any such substance and which are in his possession or under his control, and

(iii) to inspect any such substance and any book, record or other document produced in pursuance of a requirement under this Regulation and, if he thinks fit, copy any entry in such book, record or document;

( d ) to make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with;

( e ) in case in the course of exercising a power conferred on him by subparagraph (a) of this paragraph he finds any such substance in or on any structure, premises or other land, ship or other vessel, aircraft or railway wagon or other vehicle, to require the person who appears to him to be in charge or control of such substance to give to him such information as it is in his power to give as to who is the owner of the substance;

( f ) to examine the stock of any such substance which he finds in the course of an inspection pursuant to this Regulation;

( g ) where he has reasonable cause to believe that at or on any structure, premises or other land, ship or other vessel, aircraft or railway wagon or other vehicle, a contravention of these Regulations has been or is being committed, to use force where necessary in order to enter the structure, premises or other land, ship or other vessel, aircraft or railway wagon or other vehicle, provided he is so authorised by a warrant of a Justice of the District Court (which such Justice is hereby authorised to issue upon reasonable ground being assigned on oath), or, if it appears to him to be a case of emergency and that the delay in obtaining a warrant would be likely to endanger life, without being so authorised, and

( h ) for the purpose of any examination or inquiry under this Regulation to require any person whom he finds on any such structure, premises or other land, ship or other vessel, aircraft or railway wagon or other vehicle, or whom he has reasonable cause to believe to be, or to have been within the preceding two months, employed at or on the structure, premises or other land, ship or other vessel, aircraft or railway wagon or other vehicle, to answer, in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present, such questions as the inspector thinks fit to ask, provided that any answer given by a person in pursuance of a requirement imposed under this paragraph shall not be admissible without his consent in any proceedings.

(2) Where an inspector in the course of exercising a power conferred on him by paragraph (1) (a) of this Regulation finds any thing which he reasonably believes to be a dangerous substance, the owner thereof, the person who appears to the inspector to be in charge or in control thereof and any person who is the servant or agent of such owner shall enable the inspector to use anything which is then under such occupier's or person's control and required by the inspector for the purpose of making an examination, inspection or search pursuant to this Regulation or the taking of a sample pursuant to Regulation 10 of these Regulations.

(3) If any person wilfully delays an inspector in the exercise of any power under this Regulation, or fails to comply with a requisition of an inspector made in pursuance of this Regulation or wilfully withholds any information as to who is the owner of a dangerous substance found by an inspector in the course of exercising a power conferred on him by paragraph (1) (a) of this Regulation, or prevents, or attempts to prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under these Regulations.

10. (1) An inspector may, at any time after informing either the owner of a substance found by him in the course of exercising a power conferred on him by Regulation 9 (1) (a) of these Regulations or a person who appears to him to be in charge or in control of, or to have other responsibilities as regards, such substance, take for analysis sufficient samples of the substance if he reasonably believes the substance to be a dangerous substance to which these Regulations apply and if the substance is one in relation to which he reasonably suspects a contravention of any of these Regulations.

(2) The owner or other person referred to in paragraph (1) of this Regulation may, at the time when a sample is being taken under this Regulation and on supplying the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and—

( a ) to deliver to him one part,

( b ) to retain one part for future comparison,

( c ) to submit one part for analysis,

and any analysis under this Regulation shall, if the person by whom the requisition under this paragraph is made so requires, be carried out by or under the direction of the State Chemist or a person who is for the time being approved of for the purposes of this Regulation by the Minister.

(3) A certificate purporting to be a certificate by the State Chemist or a person who is for the time being approved of for the purposes of this Regulation by the Minister as to the result of an analysis of a sample taken under this Regulation shall in any proceedings for an alleged offence under these Regulations be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.

(4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under these Regulations, to publish or disclose to any person other than the owner of the relevant substance (at the time when the sample was taken) or the Minister the results of an analysis made under this Regulation.

11. The Minister shall furnish an inspector with a certificate of his appointment and when exercising any powers conferred by these Regulations, the inspector shall, if requested by any person affected, produce the certificate to that person.

12. (1) An offence under these Regulations may be prosecuted by the Minister.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within the period of one year beginning on the day on which the offence was committed.

13. (1) A person who—

( a ) contravenes Regulation 5 or 7 (1) or the requirements of Regulation 6 of these Regulations,

( b ) sells or offers for sale any substance to which a prohibition under Regulation 8 of these Regulations relates,

( c ) sells otherwise than in accordance with the conditions or other requirements specified in a direction under the said Regulation 8 any substance to which the direction relates.

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £600.

(2) Any person who—

( a ) obstructs or interferes with an inspector in the course of exercising a power conferred on him by these Regulations,

( b ) fails to comply with a requisition made by an inspector under these Regulations,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(3) Any person who, contrary to Regulation 10 (4) of these Regulations, publishes or discloses the results of an analysis made under these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £300.

14. (1) Nothing in these Regulations shall be construed as affecting a provision of any statute, whether passed before or after the making of these Regulations, which is a provision relating to,

( a ) medicinal products, narcotics or radioactive substances,

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

( c ) munitions or other things containing explosive matter in the form of igniters,

( d ) things containing motor fuel.

(2) In this Regulation " statute " has the same meaning as in section 3 of the Interpretation Act, 1937 (No. 38 of 1937).

GIVEN under my Official Seal, this 30th day of November, 1979.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations require suppliers to put warning labels on containers for dangerous substances and to ensure that the containers are properly designed, constructed and secured to prevent spillage or seepage during normal use.