Archived Updates and Notifications

PIC Recast Public Consultation

The Department of Jobs, Enterprise and Innovation is consulting interested parties on the proposed recast of Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals (the "PIC" Regulation). The "PIC" Regulation implements the Rotterdam Convention within the European Union. The Regulation applies to chemicals subject to the PIC procedure (coming from the Rotterdam Convention) and chemicals that are banned or severely restricted within the EU.

This public consultation will be open for a 4 week period during which we would like to hear your views on the framework being proposed. Submissions received will be published on the Department’s website.

If you would like to comment please email your response by 5pm on Wednesday 31 August 2011 to chemicals@djei.ie.

Alternatively, you can send your response to:

Name: John Hughes

Address: Chemicals Regulation Policy Unit, Department of Jobs, Enterprise and Innovation, Davitt House, 65 A Adelaide Road, Dublin 2.

• Consultation document on the draft recast (PDF 136KB)
• Recast proposal (PDF 636KB)
• Regulation (EC) No. 689/2008
• Rotterdam Convention
• CLP Regulation (EC) No.1272/2008

Invitation to Irish Industry to take part in EU REACH Regulation Survey – deadline 6 August 2011

The Centre for Strategy and Evaluation Services (CSES) is conducting a survey of businesses across the European Union to receive feedback on a number of key issues related to the implementation of the EU REACH Regulation 1907/2006. This study is part of the European Commission’s extensive review of the REACH Regulation. Irish industry is invited to take part in the survey, which can be accessed by clicking on the link below. The study will assess the impact of the REACH Regulation on the operation of the single market and the competitiveness of the European chemicals industry. The deadline for completion of the survey is 6 August 2011.

• http://www.cses.co.uk/reach_survey
  

The Department of Jobs, Enterprise and Innovation will shortly launch a consultation process with interested parties/stakeholders in Ireland on the development of a national position on the European Commission's REACH Review. We will invite any parties making a submission at this time to copy the submission to the following email address: chemicals@djei.ie

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Public Consultation on draft Chemicals (Asbestos Articles) Regulations 2011

EU Commission Regulation No 552/2009 places restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles. In relation to asbestos, the Regulation prohibits the manufacture, placing on the market and use of asbestos fibres with limited exceptions. While EU Regulation No 552/2009 permits the use of articles containing asbestos fibres already installed and / or in service before 1^st January 2005, until they are disposed of or reach the end of their service life, each EU Member State is permitted, for reason of protection of human health, to restrict, prohibit, or make subject to specific conditions, the use of such articles before they are disposed of or reach the end of their service life.

Against this background, the Irish Authorities are proposing to make regulations to apply to any person who supplies or makes asbestos-containing articles (originally installed or in service before 1 January 2005) available on the Irish market - whether for payment or free of charge. Examples of such articles will include secondhand acetylene cylinders, articles of historical value and classic / vintage cars. In effect, it is proposed that the Health and Safety Authority (HSA) will have the capacity to issue an ‘asbestos article exemption certificate’, under which persons are permitted to place certain secondhand asbestos-containing articles on the Irish market, subject to conditions and time-limits as appropriate.

This public consultation will be open for a 14-day period during which we would like to hear your views on the framework being proposed.

If you would like to comment please email your response by 27^th May, 2011 to chemicals@deti.ie.

Alternatively, you can send your response to:

Name: John Hughes

Address: Chemicals Regulation Policy Unit, Department of Enterprise, Trade and Innovation, Davitt House, Adelaide Road, Dublin 2.

• Consultation Document on the draft Chemicals (Asbestos Articles) Regulations 2011 (PDF, 133KKB)
• Draft Chemicals (Asbestos Articles) Regulations 2011 (PDF, 196KB)
• COMMISSION REGULATION (EC) No 552/2009 (PDF, 835KB)
• S.I. No. 248 of 2011 Chemicals (Asbestos Articles) Regulations 2011 (PDF, 127KB)

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Chemicals Act (CLP Regulation) Regulations 2011.

The Regulations, which came into operation on 2 March 2011, designate the English language as the language for the purposes of labelling of hazardous chemicals, pursuant to Article 17.2 of the EU Regulation on the Classification, Labelling and Packaging of Chemicals.

Chemicals Act (CLP Regulation) Regulations 2011 (PDF 98.5KB)

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European Commission Proposal for an Amendment to the EU Detergents Regulation (EC) No. 648/2004 as Regards the Use of Phosphates and Other Phosphorous Compounds in Household Laundry Detergents

The Department of Enterprise, Trade and Innovation is consulting interested parties on the European Commission's Detergent Regulation proposal. The main elements of the proposal are as follows:

1. Ban the use of phosphates and to limit the content of other phosphorous containing compounds in laundry detergents. The draft Regulation primarily aims to reduce the phosphates found in waste water and to improve water quality. The draft Regulation does not affect detergents for automatic dishwashers or those used by professionals as technically and economically feasible alternatives are not yet available throughout the EU. However, Member States can regulate the phosphate content of these detergents in specific circumstances. Cost-efficient alternatives to phosphates are available for laundry detergents. For automatic dishwasher detergents or professional detergents more research and innovation is still needed to develop adequate alternatives to phosphates without reducing the efficacy of detergents. The Commission will keep under review industry's progress in the development of technically and economically viable alternatives for automatic dishwasher detergents through innovation.

2. Allow for the provision of future amendment of the Regulation to include (a) additional labelling requirements for detergents, (b) fragrance allergens where individual risk-based concentration limits are established by the Scientific Committee on Cosmetics and Non-food Products; and (c) information that manufacturers must hold at the disposal of the Member States competent authorities and medical personnel;

3. Include a definition of 'cleaning' directly into Regulation (EC) No 648/2004 instead of a reference to the relevant ISO standard to facilitate readability

• EU Commission Proposal
• EU Commission's Impact Assessment
• Summary of EU Commission's Impact Assessment
• Citizen's summary
• Commission Report on phosphates in detergents
• EU Detergents Regulation (EC No. 648/2004)

The Department invites views from all stakeholders on the Commission's proposal especially, those involved in the manufacture and supply of laundry detergents. Where possible, any impacts identified should be quantified. Submissions should be sent by email to chemicals@deti.ie by Thursday 10 March 2011. Please note that all submissions will be published.

The Department of Enterprise, Trade and Innovation held a public consultation in relation to the European Commission's Detergent Regulation proposal and the following were the submissions received:

Department of Health in consultation with the National Poisons Information Centre (NPIC), Beaumont Hospital (PDF 43.3KB)

Paul Tighe(PDF42.2KB)

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Proposal for a Directive on the Control of Major-Accident Hazards Involving Dangerous Substances

The Department of Enterprise, Trade and Innovation is consulting interested parties on the European Commission's proposal for a Directive on the Control of Major-Accident Hazards Involving Dangerous Substances, to replace the current EU Directive 96/82/EC (the “Seveso II” Directive). The proposal is aimed at preventing major accidents involving dangerous substances and limiting the consequences in the event of such a major accident, and follows a review by the European Commission prompted by changes in the EU system of classification of dangerous substances (Regulation EC No. 1272/2008).

The main changes proposed are:

a) To align Annex I to the Directive (defining the substances falling within its scope) to changes to the EU system of classification of dangerous substances to which it refers,

b) To include corrective mechanisms to adapt Annex I in the future to deal with situations over time from the alignment where substances are included/excluded that do/do not present a major-accident hazard,

c) To strengthen the provisions relating to public access to safety information, participation in decision-making and access to justice, and improve the way information is collected, managed, made available and shared,

d) To introduce stricter standards for inspections of installations to ensure the effective implementation and enforcement of safety rules.

Some of the main changes proposed are referenced in the Department's Consultation Paper. The Correlation Table in Annex VIII of the proposal lists the changes proposed, Article by Article.

• Department’s Consultation Paper (PDF 130KB)

• Commissions proposal (PDF 433KB)

• Cion Impact Assessment (PDF 77.6KB)

• Summary Cion Impact Assessment (PDF 77.6KB)

• CLP Regulation No 1272/2008 (PDF 6.58MB)

http://ec.europa.eu/environment/seveso/review.htm

The Department invites views on the Commission's proposal. Where possible, any impacts identified should be quantified. Submissions should be sent by email to chemicals@deti.ie by 28 February 2011. Please note that all submissions will be published.

The Department of Enterprise, Trade and Innovation held a public consultation in relation to the European Commission's proposal for a Directive on the Control of Major-Accident Hazards Involving Dangerous Substances, to replace the current EU Directive 96/82/EC (the “Seveso II” Directive) and the following were the submissions received:

IDA (PDF 143KB)

Byrne O’ Cleirigh Consulting (PDF 152KB)

Cantwell Keogh & Associates (PDF 40KB)

HSE National Emergency Management Areas (PDF 71.6KB)

Irish Petroleum Industry Association (PDF 85.9KB)

Dublin City Council (PDF 75KB)

Grassland Fertilisers Ireland (PDF 37KB)

Nitrofert (PDF 60KB)

Enva (PDF 55KB)

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Chemicals (Amendment) Act 2010

The Chemicals (Amendment) Act 2010 came into operation on the 10^th December 2010. The main purpose of the Act is to meet EU obligations to implement and enforce certain EU Regulations.

These include:

• the EU Regulation on the Classification, Labeling and Packaging of substances and mixtures (known as the "CLP" Regulation)

• a replacement EU Regulation on the Export and Import of Dangerous Chemicals implementing the Rotterdam Convention, and

• periodic technical amendments to these and to the EU REACH and Detergents Regulations.

The Act also includes minor technical changes to the Safety, Health and Welfare at Work Act 2005.

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2010

The Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2010, (S.I. No. 628 of 2010), were signed into law by the Minister of State at the Department of Enterprise, Trade and Innovation on 20 December 2010.

These Regulations extend, until 31 December 2011, the authority to license in certain circumstances petrol stations which were constructed before 28 September, 1979. The Regulations amend the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979.

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2010 (PDF 86.3KB)

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European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Revocation) Regulations 2010

The European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Revocation) Regulations 2010, (S.I. No. 633 of 2010), were signed into law by the Minister for Enterprise, Trade and Innovation on 21 December 2010.

These Regulations revoke S.I No. 220 of 2003, S.I. No. 503 of 2003, S.I. No. 852 of 2004, S.I. No. 364 of 2006, S.I. No. 746 of 2007, and S.I. No. 371 of 2008. Those S.I.s transposed EU Council Directive 76/769/EEC (Marketing and Use), and its various amending Directives into Irish law. Since 1 June 2009, those Directives are repealed and replaced by Title VIII and Annex XVII of the EU REACH Regulation 1907/2006, as amended.

European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Revocation) Regulations 2010(PDF 98.5KB)

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Carriage of Dangerous Goods by Road

Minister for Enterprise, Trade and Innovation signed Regulations transposing Commission Directive 2008/68/EC (insofar as it relates to the transport of dangerous goods by road) into Irish Law in December 2010.

S.I. No. 349 of 2011 European Communities (Carriage of Dangerous Goods by Road and use of Transportable Pressure Equipment) Regulations 2011(PDF 348KB

Further information on ADR and the new Carriage of Dangerous Goods by Road Regulations is available on the HSA website.

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Safety, Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations 2010

These Regulations, which came into operation on 8 December 2010, give effect to Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work, and amend the Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (S.I. No. 386 of 2006).

• Safety, Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations2010

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Public Consultation - Draft Chemicals (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2009

The Department of Enterprise, Trade and Employment consulted interested parties on the draft Chemicals (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2009(PDF.298kb).

The Chemicals Act 2008 (No. 13 of 2008) came into effect on 15 July 2008. The Act, in addition to making provision for the enforcement of several directly applicable EU Regulations, including the ‘REACH’ Regulation, provides in Section 5(2)(b) for the making of Regulations to cover the so called “Seveso” Directive. The Seveso Directive is aimed at preventing major accidents involving dangerous substances and limiting the consequences in the event of such a major accident. The draft Chemicals (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2009 would replace the current Regulations which transpose the Seveso Directive into Irish law. This should facilitate more streamlined enforcement. It would also mean that the levels of penalties set out in the Chemicals Act would apply. The Draft Regulations reflect the requirements of the Seveso Directive, and, with some provisions clarified and simplified, reflect the content of the current Regulations. A public consultation paper (PDF 242kb) sets out the main changes to the current Regulations.

The Department of Enterprise, Trade and Employment held a public consultation in relation to the Draft Regulations and the following were the submissions received:

• Health and Safety Authority (PDF 1.3MB)
• Department of Transport (PDF 63 KB)
• Byrne Ó Cleirigh (PDF 63KB)