S.I. No. 426/1992 - European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1992.

I, BRIAN COWEN, 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 67/548/EEC of 27 June, 1967,⁽¹⁾ as amended by Council Directive 90/517/EEC of 19 October, 1990,⁽²⁾ Commission Directive 91/325/EEC of 1 March, 1991,⁽³⁾ Commission Directive 91/326/EEC of 5 March, 1991,⁽⁴⁾ Commission Directive 91/410/EEC of 22 July, 1991,⁽⁵⁾ Commission Directive 91/632/EEC of 28 October, 1991,⁽⁶⁾ Commission Directive 92/37/EEC of 30 April, 1992⁽⁷⁾ and Council Directive 79/831/EEC of 18 September, 1979,⁽⁸⁾ hereby make the following Regulations:

⁽¹⁾ O.J. No. 196, 16.8.1967, pp. 1-67.

⁽²⁾ O.J. No. L 287, 19. 10. 1990, pp. 37-38.

⁽³⁾ O.J. No. L 180, 8.7.1991, pp. 1-78, and O.J. No. L 180A, 8.7.1991, pp. 1-1058.

⁽⁴⁾ O.J. No. L180, 8.7.1991, pp. 79-80, and O.J. No. L 180A, 8.7.1991, pp. 1059-1160.

⁽⁵⁾ O.J. No. L 228, 17.8.1991, pp. 67-68.

⁽⁶⁾ O.J. No. L 338, 10.12.1991, pp. 23-24, and O.J. No. L 338A, 10.12.1991, pp. 1-269.

⁽⁷⁾ O.J. No. L 154, 5.6.1992, pp. 30-31, and O.J. No. L 154A, 5.6.1992, pp. 1-82.

⁽⁸⁾ O.J. No. L 259, 15.10.1979, pp. 1028.

1 Citation and Commencement

1. (1) These Regulations may be cited as the European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1992.

(2) These Regulations shall come into operation on the 31st day of December, 1992.

2 Construction and Application

2. The Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989) shall be construed and have effect as if these Regulations were an existing enactment within the meaning of Section 2 (1) of that Act.

3 Interpretation

3. The European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979 ( S.I. No. 383 of 1979 ), are hereby amended by the substitution for Regulation 2 thereof of the Regulation set out in the First Schedule to these Regulations.

4 ..

4. The European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982 ( S.I. No. 258 of 1982 ), are hereby amended by the substitution for Regulation 2 thereof of the Regulation set out in the Second Schedule to these Regulations.

5 Revocations

5. (1) The Regulations specified in the Table to this paragraph are hereby revoked.

TABLE

(2) Part II of the Second Schedule to the Safety, Health and Welfare at Work Act, 1989 , shall be construed and have effect as if the Regulations specified in the Table to paragraph (1) of this Regulation were deleted therefrom.

FIRST SCHEDULE

Regulation 3

(Amendment to the European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979).

"2. (1) In these Regulations—

'Annex I' means Annex I (inserted by Commission Directive No. 76/907/EEC of 14 July, 1976, ⁽¹⁾ as amended by the following directives, that is to say:

⁽¹⁾ O.J. No. L 360, 30.12.1976, pp. 1-424.

( a ) Council Directive 90/517/EEC of 19 October, 1990,⁽²⁾

⁽²⁾ O.J. No. L 287, 19.10.1990, pp. 37-38.

( b ) Commission Directive 91/325/EEC of 1 March, 1991,⁽³⁾

⁽³⁾ O.J. No. L 180, 8.7.1991, pp. 1-78, and O.J. No. L 180A, 8.7.1991, pp. 1-1058.

( c ) Commission Directive 91/326/EEC of 5 March, 1991,⁽⁴⁾

⁽⁴⁾ O.J. No. L 180, 8.7.1991, pp. 79-80, and O.J. No. L 180A, 8.7.1991, pp. 1059-1160.

( d ) Commission Directive 91/632/EEC of 28 October, 1991,⁽⁵⁾

⁽⁵⁾ O.J. No. L 338, 10.12.1991, pp. 23-24, and O.J. No. L 338A, 10.12.1991, pp. 1-269.

( e ) Commission Directive 92/37/EEC of 30 April, 1992⁽⁶⁾),

⁽⁶⁾ O.J. No. L 154, 5.6.1992, pp. 30-31, and O.J. No. L 154A, 5.6.1992, pp. 1-82.

to the directive;

'Annex II' means Annex II (inserted by Council Directive No. 83/467/EEC of 29 July, 1983,⁽⁷⁾ as amended by Commission Directive 91/325/EEC of 1 March, 1991), to the directive;

⁽⁷⁾ O.J. No. L 257, 16.9.1983, pp. 1-33.

'Annex III' means Annex III (inserted by Commission Directive 76/907/EEC, as amended by Commission Directive 91/325/EEC of 1 March, 1991), to the directive;

'Annex IV' means Annex IV (inserted by Commission Directive 76/907/EEC, as amended by Commission Directive 91/325/EEC of 1 March, 1991), to the directive;

'Annex V' means Annex V (inserted by Commission Directive 84/449/EEC of 25 April, 1984,⁽⁸⁾ as amended by Commission Directive 87/302/EEC of 18 November, 1987,⁽⁹⁾ to the directive;

⁽⁸⁾ O.J. No. L 251, 19.9.1984, pp. 1-223.

⁽⁹⁾ O.J. No. L 133, 30.5.1988, pp. 1-127.

'the directive' means Council Directive No. 67/548/EEC of 27 June, 1967,⁽¹⁰⁾ as amended by the following directives, that is to say:

⁽¹⁰⁾ O.J. No. 196, 16.8.1967, pp. 1-67.

( a ) Commission Directive 84/449/EEC of 25 April, 1984,

( b ) Commission Directive 87/302/EEC of 18 November, 1987,

( c ) Commission Directive 91/325/EEC of 1 March, 1991,

( d ) Commission Directive 91/326/EEC of 5 March, 1991,

( e ) Commission Directive 91/410/EEC of 22 July, 1991,⁽¹¹⁾

⁽¹¹⁾ O.J. No. L 228, 17.8.1991, pp. 67-68.

( f ) Commission Directive 91/632/EEC of 28 October, 1991,

( g ) Commission Directive 92/37/EEC of 30 April, 1992,

( h ) Council Directive 71/144/EEC of 22 March, 1971⁽¹²⁾ and

⁽¹²⁾ O.J. No. L 74, 29.3.1971, p. 180.

(i) Council Directive 79/831/EEC of 18 September, 1979; ⁽¹³⁾

⁽¹³⁾ O.J. No. L 259, 15.10.1979, pp. 10-28.

'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."

SECOND SCHEDULE

Regulation 4

(Amendment to the European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982).

"2. (1) In these Regulations—

'Annex VI' means Annex VI (inserted by Council Directive 79/831/EEC of 18 September, 1979,⁽¹⁾ as amended by Commission Directive 91/325/EEC of 1 March, 1991)⁽²⁾ to the directive;

⁽¹⁾ O.J. No. L 259, 15.10.1979, pp. 10-28.

⁽²⁾ O.J. No. L 180, 8.7.1991, pp. 1-78, and O.J. No. L 180A, 8.7.1991, pp. 1-1058.

'Annex VII' means Annex VII (inserted by Council Directive 79/831/EEC of 18 September, 1979) to the directive;

'Annex VIII' means Annex VIII (inserted by Council Directive 79/831/EEC of 18 September, 1979) to the directive;

'Annex IX' means Annex IX (inserted by Council Directive 79/831/EEC of 18 September, 1979, as amended by Commission Directive 91/410/EEC of 22 July, 1991)⁽³⁾ to the directive;

⁽³⁾ O.J. No. L 228, 17.8.1991, pp. 67-68.

'the directive' means Council Directive No. 67/548/EEC of 27 June, 1967,⁽⁴⁾ as amended by the following directives, that is to say:

⁽⁴⁾ O.J. No. 196, 16.8.1967, pp. 1-67.

( a ) Commission Directive 84/449/EEC of 25 April, 1984,⁽⁵⁾

⁽⁵⁾ O.J. No. L 251, 19.9.1984, pp. 1-223.

( b ) Commission Directive 87/302/EEC of 18 November, 1987,⁽⁶⁾

⁽⁶⁾ O.J. No. L 133, 30.5.1988, pp. 1-127.

( c ) Commission Directive 91/325/EEC of 1 March, 1991,

( d ) Commission Directive 91/326/EEC of 5 March, 1991,⁽⁷⁾

⁽⁷⁾ O.J. No. L 180, 8.7.1991, pp. 79-80, and O.J. No. L 180A, 8.7.1991, pp. 1059-1160.

( e ) Commission Directive 91/410/EEC of 22 July, 1991,

( f ) Commission Directive 91/632/EEC of 28 October, 1991,⁽⁸⁾

⁽⁸⁾ O.J. No. L 338, 10.12.1991, pp. 23-24, and O.J. No. L 338A, 10.12.1991, pp. 1-269.

( g ) Commission Directive 92/37/EEC of 30 April, 1992,⁽⁹⁾

⁽⁹⁾ O.J. No. L 154, 5.6.1992, pp. 30-31, and O.J. No. L 154A, 5.6.1992, pp. 1-82.

( h ) Council Directive 71/144/EEC of 22 March, 1971⁽¹⁰⁾ and

⁽¹⁰⁾ O.J. No. L 74, 29.3.1971, p. 180.

( i ) Council Directive 79/831/EEC of 18 September, 1979;

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

'the Minister' means the Minister for Labour.

'the Regulations of 1979' means the European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979 ( S.I. No. 383 of 1979 ).

(2) A reference in these Regulations to 'Annex I', 'Annex II', 'Annex III', 'Annex IV' or 'Annex V' is to the appropriate Annex to the Directive as defined in Regulation 2 (1) (inserted by the European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1992) of the Regulations of 1979."

GIVEN under my Official Seal, this 22nd day of December, 1992.

BRIAN COWEN,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive No. 90/517/EEC of 19 October, 1990, Commission Directive No. 91/325/EEC of 1 March, 1991, Commission Directive No. 91/326/EEC of 5 March, 1991, Commission Directive No. 91/410/EEC of 22 July, 1991, Commission Directive No. 91/632/EEC of 28 October, 1991, and Commission Directive 92/37/EEC of 30 April, 1992. They provide for the implementation of amendments to Annex I and the replacement of Annexes II, III, IV, VI and IX of Council Directive No. 67/548/EEC (as amended by Council Directive 79/831/EEC) on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances. The Regulations require, inter alia, dangerous substances to be labelled on the basis of their environmental effects in addition to other hazardous properties, and introduce new risk and safety phrases related to the dangers for the environment. They also lay down provisions relating to child-proof fastenings and tactile warning devices for containers containing certain dangerous substances intended for domestic use or certain categories of dangerous preparations offered or sold to the general public.