S.I. No. 149/1981 - European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981.

S.I. No. 149 of 1981.

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MARKETING AND USE) REGULATIONS, 1981.

I, TOM NOLAN, 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. 79/663/EEC of 24 July, 1979, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Dangerous Substances and Preparation) (Marketing and Use) Regulations, 1981.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 and 1981.

(3) The Principal Regulations and these Regulations shall be construed together as one.

2. (1) In these Regulations—

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

"tris" means 2, 3 dibromopropyl phosphate [CAS No. (Chemical Abstract Service Number) 126-72-7].

(2) Regulation 2 (4) of the Principal Regulations shall apply to the requirements of Regulations 4 and 5 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 or 5 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 both to a liquid to which these Regulations apply and to tris.

3. These Regulations apply to any liquid which is a liquid described in point 3 of the Annex to the Directive (inserted by Article 1 of Council Directive No. 79/663/EEC of 24 July, 1979 ^(a)).

4. Subject to Regulation 2 (4) of the Principal Regulations, as extended by Regulation 2 (2) of these Regulations, a person shall not—

( a ) market any lamp, ashtray or other ornamental object having a glass container holding any liquid to which these Regulations apply,

( b ) use any liquid to which these Regulations apply in ornamental objects intended to produce light or colour effects by means of different phases, for example in ornamental lamps and ashtrays.

5. Subject to Regulation 2 (4) of the Principal Regulations as extended by Regulation 2 (2) of these Regulations, a person shall not use tris in textile articles such as garments, undergarments and linen intended to come into contact with the skin.

6. (1) The Minister for Industry, Commerce and Tourism may, after consultation with the Minister, appoint a person to be an authorised person for the purposes of Regulation 4 of these Regulations in so far as it prohibits marketing.

(2) The Minister for Industry, Commerce and Tourism shall furnish a person to whom an appointment under this Regulation relates with a certificate of his appointment and when exercising any of the powers conferred on him by this Regulation, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(3) An inspector appointed under this Regulation shall have power to—

( a ) 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 object referred to in paragraph (a) of Regulation 4 of these Regulations.

^{( a )} O.J. No. L197/37, 3 August, 1979.

( b ) make such examination or enquiry as may be necessary to ascertain whether the requirements of the said Regulation 4, in so far as it relates to marketing, are being complied with.

7. 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 both to a liquid to which these Regulations apply and to tris.

8. (1) A person who contravenes Regulation 4 or 5 of these Regulations 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 authorised person in the course of exercising a power conferred on him by virtue of Regulation 6 (3) of these Regulations,

( b ) fails to comply with a requisition made by an authorised person by virtue of the said Regulation 6 (3),

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

9. Proceedings for an offence under Regulation 8 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 these Regulations to be an authorised person, an obstruction, interference or failure referred to in Regulation 8 (2) of these Regulations,

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

GIVEN under my Official Seal, this 23rd day of April, 1981.

TOM NOLAN,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prohibit the use of "tris" (2, 3 dibromopropyl phosphate) in textile articles intended to come into contact with the skin. They also prohibit the use of certain toxic, flammable or otherwise harmful substances in ornamental lamps, ashtrays or other objects and the marketing of objects containing such substances.