S.I. No. 363/1999 - European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations, 1999

I, MARY HARNEY, 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 Commission Directive 98/73/EC of 18 September, 1998¹ , hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations, 1999.

(2) The European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 1994 and 1998 and these Regulations may be cited together as the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 1994 to 1999.

2. Regulation 2 of the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 1994 ( S.I. No. 77 of 1994 ), is hereby amended in paragraph (1A) (inserted by the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations, 1998 ( S.I. No. 317 of 1998 ))—

(a) by the substitution of the following subparagraph for subparagraph (a) (inserted by the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) (No. 2) Regulations, 1998 ( S.I. No. 513 of 1998 ))

“(a) a reference to ‘Annex I’ as a reference to Annex I to Council Directive 67/548/EEC² , as amended by Commission Directives 93/72/EEC of 1 September, 1993³ , 93/101/EC of 11 November, 1993⁴ , 94/69/EC of 19 December, 1994⁵ , 96/54/EC of 30 July, 1996⁶ , 97/69/EC of 5th December, 1997⁷ , and 98/73/EC of 18 September, 1998”.

and

(b) by the substitution of the following subparagraph for subparagraph (e):

“(e) a reference to ‘Annex V’ as a reference to Annex V to Council Directive 67/548/EEC as amended by Commission Directives 88/302/EEC as amended by Commission Directives 88/302/EEC of 18 November, 1987⁸ , 92/69/EEC of 31 July, 1992⁹ , 93/21/EEC of 27 April, 1993¹⁰ , 96/54/EC of 30 July, 1996, and 98/73/EC of 18 September, 1998:”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations implement Commission Directive 98/73/EC of 18 September, 1998, the 24th Adaptation to Technical Progress of Council Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances. They amend the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 1994 (S.I. No, 77 of 1994), as previously amended by the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations, 1998 ( No. 317 of 1998 ) and the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) (No. 2) Regulations, 1998 ( S.I. No. 513 of 1998 ).

The European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations of 1994 apply to all substances which are intended to be placed on the market either on their own or in a preparation with exceptions for certain categories of substances such as medicinal, cosmetic, pesticide, waste, etc., products which are covered by other Directives. The Regulations require suppliers to put warning labels on containers for dangerous substances placed on the market and ensure that the containers are properly designed, constructed and secured to prevent spillage or seepage during normal use, and also supply safety data sheets.

Under the Amending Regulations, a number of additional dangerous substances are introduced into Annex I of Council Directive 67/548/EEC, the list of dangerous substances classified in the European Community, and the classification and labelling of a number of other dangerous substances included in Annex I is amended.

The Amending Regulations also introduce a number of additional testing methods into Annex V of Council Directive 67/548/EEC. Annex V provides the harmonised European Union methods for the testing of chemicals for hazardous properties.

¹ O.J. L 305, 16.11.1998, p. 1

² O.J. L 196, 16.8.1997, p. 1

³ O.J. L 258, 16.10.1993, p. 29 and O.J. L. 258A, 16.10.1993. p. 1

⁴ O.J. L 13, 15.1.1994, p. 1

⁵ O.J. L 381, 31.12.1994, p. 1

⁶ O.J. L 248, 30.9.1996, p. 1

⁷ O.J. L 343, 12.12.1997, p. 19

⁸ O.J. L 133, 30.5.1988, p. 1 and O.J. L. 136. 2.6.1988. p. 20

⁹ O.J. L 383, 29.12.1992, p. 113 and O.J. L. 383A. 29.12.1992. p. 1

¹⁰ O.J. L 110, 4.5.1993, p. 20 and O.J. L. 110A. 4.5.1993. p. 1