S.I. No. 189/1983 - European Communities (Dangerous Preparations) (Solvents) (Classification, Packaging and Labelling) Regulations, 1983.

S.I. No. 189 of 1983.

EUROPEAN COMMUNITIES (DANGEROUS PREPARATIONS) (SOLVENTS) (CLASSIFICATION, PACKAGING AND LABELLING) REGULATIONS, 1983.

I, LIAM KAVANAGH, Minister for Labour, 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 Council Directive 73/173/EEC of 4 June, 1973¹, as amended by Council Directive 80/781/EEC of 22 July, 1980², and Commission Directive 82/473/EEC of 10 June, 1982³, hereby make the following Regulations:

¹OJ No. L189, 11.7.1973, p. 7.

²OJ No. L229, 30.8.1980, p. 57.

³OJ No. L213, 21.7.1982, p. 17.

1. These Regulations may be cited as the European Communities (Dangerous Preparations) (Solvents) (Classification, Packaging and Labelling) Regulations, 1983.

2. These Regulations shall come into operation on the 1st day of January, 1984.

3. (1) In these Regulations—

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

"the Directive" means Council Directive 73/173/EEC of 4 June, 1973, as amended by Council Directive 80/781/EEC of 22 July, 1980 and Commission Directive 82/473/EEC of 10 June, 1982;

"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 shall, unless the contrary intention appears, have in these Regulations the same meaning that it has in the Directive.

4. A person shall not place on the market preparations to which the Directive applies unless the preparations comply with the provisions of the Directive and the Annex thereto.

5. A person shall not place on the market preparations to which the Directive applies unless the labelling on their packages complies with the provisions of the Directive.

6. A person shall not place on the market preparations to which the Directive applies unless their packages and fastenings comply with the requirements of Article 15 (inserted by Council Directive 79/831/EEC of 18 September, 1979⁴), of Council Directive 67/548/EEC of 27 June, 1967⁵.

⁴ OJ No. L259, 15.10.1979, p. 10.

⁵ OJ No. 196, 16.8.1967, p. 1.

7. The labelling on a package shall be deemed not to have complied with the provisions of Article 5 of the Directive unless the English language is employed in satisfying in relation to the package the labelling requirements of that Article.

8. (1) An authorised officer may at all reasonable times enter—

( a ) any premises which he has reasonable grounds for believing to be being used for the purposes of packing, or storing in packages, preparations to which the Directive applies,

or

( b ) any railway wagon, vehicle, ship, vessel or aircraft in which he has reasonable grounds for believing that packages containing preparations to which the Directive applies are being either transported, or kept, for the purpose of being placed on the market,

and there or at any other place—

(i) make such examinations, tests and inspections, and

(ii) take such reasonable samples of any packages purporting to contain, or which he reasonably believes to contain, preparations to which the Directive applies, as he may consider reasonable for the purposes of these Regulations and the Directive.

(2) A person shall not obstruct or interfere with an authorised officer in the course of exercising a power conferred on him by these Regulations.

(3) An authorised officer shall be furnished with a warrant of his appointment as an authorised officer and when exercising any power conferred on an authorised officer by these Regulations shall, if requested by any person affected, produce the warrant to that person.

9. A person who contravenes a provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

10. An offence under these Regulations may be prosecuted by the Minister.

11. Where an offence under these Regulations is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly.

GIVEN under my Official Seal, this 4th day of July, 1983.

LIAM KAVANAGH,

Minister for Labour.

EXPLANATORY NOTE.

These regulations require suppliers of solvents to which the regulations apply to ensure that the packaging and labelling of such solvents comply with the provisions of Council Directive 73/173/EEC as amended by Council Directive 80/781/EEC and Commission Directive 82/473/EEC.