S.I. No. 228/1989 - European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1989.


I, BERTIE AHERN, T.D., 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 Commission Directive 88/302/EEC of 18 November, 1987 2, and Commission Directive 88/490/EEC of 22 July, 1988 3 hereby make the following Regulations:

1 OJ No. 196, 16.8.1967, pp. 234-237.

2 OJ No. L 133, 30.5.1988, pp. 1-127, and corrigendum in OJ No. L 136, 2.6.1988, p.20.

3 OJ No. L 259, 19.9.1988, pp. 1-24.

1. (1) These Regulations may be cited as the European Communities (Dangerous Substances) (Classification, Packaging and labelling) (Amendment) Regulations, 1989.

(2) These Regulations shall come into operation on the 25th day of September, 1989.

2. 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.

3. Regulation 2(1) of the European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982, ( S.I. No. 258 of 1982 ), is hereby amended by the substitution for the definition of Annex VI of the definition set out in the Second Schedule to these Regulations.

FIRST SCHEDULE.

REGULATION 2.

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

"2. (1) In these Regulations—

'the amending Commission Directives' means, subject to paragraph (2) of this Regulation, the following Commission Directives, which amend Council Directive No. 67/548/EEC of 27 June, 1967 1, that is to say—

( a ) Commission Directive No. 76/907/EEC of 14 July, 1976 2,

( b ) Commission Directive No. 79/370/EEC of 30 January, 1979 3,

( c ) Commission Directive No. 81/957/EEC of 23 October, 19814,

( d ) Commission Directive No. 82/232/EEC of 25 March, 1982 5,

( e ) Commission Directive No. 83/467/EEC of 29 July, 1983 6,

( f ) Commission Directive No. 84/449/EEC of 25 April, 19847,

( g ) Commission Directive No. 86/431/EEC of 24 June, 1986 8,

( h ) Commission Directive No. 88/302/EEC of 18 November, 1987 9,

( i ) Commission Directive No. 88/490/EEC of 22 July, 1988 10;

'the amending Council Directives' means the following Council Directives, which amend Council Directive 67/548/EEC of 27 June, 1967, that is to say—

( a ) Council Directive No. 69/81/EEC of 13 March, 196911

( b ) Council Directive No. 70/189/EEC of 6 March, 1970 12,

( c ) Council Directive No. 71/144/EEC of 22 March, 197113,

( d ) Council Directive No. 73/146/EEC of 21 May, 197314,

( e ) Council Directive No. 75/409/EEC of 24 June, 197515,

( f ) Council Directive No. 79/831/EEC of 18 September, 197916,

( g ) Council Directive No. 87/432/EEC of 3 August, 198717;

1OJ No. 196, 16.8.1967, pp. 234-237.

2OJ No. L 360, 30.12.1976 pp. 1-424.

3OJ No. L 88, 7.4.1979, pp. 1-69.

4OJ No. L 351, 7.12.1981, pp. 5-44.

5OJ No. L 106, 21.4.1982, pp. 18-19.

6OJ No. L 257, 16.9.1983, pp. 1-3.

7OJ No. L 251, 19.9.1984, pp. 1-223.

8OJ No. L 247, 1.9.1986, pp. 1-41, and corrigendum in OJ No. L 50, 19.2.1987, pp. 38-40.

9OJ No. L 133, 30.5.1988, pp. 1-127, and corrigendum in OJ No. L 136 2.6.1988, p. 20.

10OJ No. L 259, 19.9.1988, pp. 1-24.

11OJ No. L 68, 19.3.1969, pp. 1-4.

12OJ No. L 59, 14.3.1970, p. 147.

13OJ No. L 74, 29.3.1971, p. 147.

14OJ No. L 167, 25.6.1973, pp. 1-128.

15OJ No. L 183, 14.7.1975, pp. 22-24.

16OJ No. L 259, 15.10.1979, pp. 10-28.

17OJ No. L 239, 21.8.1987, pp. 1-20, and corrigendum in OJ No. L 38 11.2.1988, p. 34.

'Annex I' means, subject to paragraph (2) of this Regulation, Annex I (inserted by Commission Directive No. 76/907/EEC of 14 July, 1976) to the Directive, as amended by the following Directives, that is to say—

( a ) Commission Directive No. 79/370/EEC of 30 January, 1979,

( b ) Commission Directive No. 81/957/EEC of 23 October, 1981,

( c ) Commission Directive No. 82/232/EEC of 25 March, 1982,

( d ) Commission Directive No. 83/467/EEC of 29 July, 1983,

( e ) Commission Directive No. 86/431/EEC of 24 June, 1986,

( f ) Council Directive No. 87/432/EEC of 3 August, 1987,

( g ) Commission Directive No. 88/490/EEC of 22 July, 1988;

'Annex II' means Annex II (inserted by Commission Directive No. 83/467/EEC of 29 July, 1983) to the directive, as amended by Commission Directive No. 86/431/EEC of 24 June, 1986;

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

( a ) Commission Directive No. 79/370/EEC of 30 January, 1979,

( b ) Commission Directive No. 83/467/EEC of 29 July, 1983,

( c ) Commission Directive No. 86/431/EEC of 24 June, 1986;

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

( a ) Commission Directive No. 79/370/EEC of 30 January, 1979,

( b ) Commission Directive No. 83/467/EEC of 29 July, 1983,

( c ) Commission Directive No. 86/431/EEC of 24 June, 1986;

'Annex V' means Annex V (inserted by Commission Directive No. 84/449/EEC of 25 April, 1984) to the Directive as amended by Commission Directive No. 88/302/EEC of 18 November, 1987;

'the Directive' means Council Directive 67/548/EEC of 27 June, 1967, as amended by the amending Council Directives and the amending Commission Directives;

'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) In the definitions of 'the amending Commission Directives' and 'Annex I' in paragraph (1) of this Regulation, the references to Commission Directive No. 88/490/EEC of 22 July, 1988, shall only have effect from the first day of July, 1990, and each of those definitions shall be construed accordingly.

(3) 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.

" 'Annex VI' means Annex VI (inserted by Council Directive 79/831/EEC(1) of 18 September, 1979) to the Council Directive as amended by the following Directives, that is to say—

( a ) Commission Directive 83/467/EEC of 29 July, 1983 1a,

( b ) Commission Directive 86/431/EEC of 24 June, 1986 1b,

( c ) Commission Directive 88/490/EEC of 22 July, 1988 1c;

1OJ No. L 259, 15.10.1979, pp. 10-28.

1aOJ No. L257, 16.9.1983, pp. 1-33.

1bOJ No. L 247, 1.9.1986, pp. 1-41, and corrigendum in OJ No. L 50, 19.2.1987, pp. 38-40.

1cOJ No. L259, 19.9.1988, pp. 1-24.

GIVEN under my Official Seal, this 13th day of September, 1989.

BERTIE AHERN, T.D.,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations give effect to Commission Directive No. 88/302/EEC of 18 November, 1987 and Commission Directive No. 88/490/EEC of 22 July, 1988. They provide for the implementation of amendments and/or additions to Annex I, Annex V and Annex VI of Council Directive No. 67/548/EEC of 27 June, 1967— on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.