Chemicals Legislation
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Page Contents:
1. Current Legislation
Chemicals Acts 2008 and 2010
The purpose of the Chemicals Acts 2008 & 2010 is to provide for the implementation and enforcement of certain EU Regulations and Directives. These include the REACH Regulation, the Detergents Regulation, the Rotterdam Regulation on the Import and Export of Dangerous Chemicals, the CLP Regulation (Classification, Labelling and Packaging of substances and mixtures) and the Seveso Directive on control of major accident hazards involving dangerous substances.
Chemicals Act 2008 [No. 13 of 2008] and Chemicals (Amendment) Act 2010 (No. 32 of 2010)
S.I. No. 273 of 2008 Chemicals Act 2008 (Commencement) Order 2008 (PDF, 97KB)
Asbestos
Chemicals (Asbestos Articles) Regulations 2011(S.I. No. 248 of 2011)
The Regulations, which came into operation on 31 May, 2011, specify how the Health and Safety Authority (HSA) may issue a certificate to exempt an asbestos-containing article, or category of such articles, from the prohibition on the placing on the market of an asbestos-containing article provided for by Article 67 and Annex XVII of the EU REACH Regulation 1907/2006. The Regulations set down the procedures for applying for an exemption certificate and the process by which the HSA will make its decision to grant or refuse such a certificate application. There is also a procedure whereby the HSA can revoke any decision to grant an exemption certificate and an appeals procedure whereby decisions of the HSA under these Regulations can be appealed to an appeals officer.
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) Regulations 2006 [S.I. No. 386 of 2006] transpose Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work.
Classification, Labelling and Packaging of Substances and Mixtures
The EU CLP Regulation (EC No. 1272/2008) on classification, labelling and packaging of substances and mixtures, introduced into EU law on 20 January 2009 the UN Globally Harmonised System, and amends and repeals (with effect from 1 June 2015) the existing body of EU law in this area (Council Directives 67/548/EEC and 1999/45/EC). It also amends the EU REACH Chemicals Regulation.
The CLP Regulation harmonises criteria for classifying substances and mixtures, and the rules on labelling and packaging of hazardous substances and mixtures.
The main aims are to help protect human health and the environment by
• Determining which properties of substances & mixtures lead to classification as hazardous
• Correctly identifying hazards
• Communicating hazards.
Under the CLP Regulation manufactures and importers must re-classify and re-label their substances from 1 December 2010 and then for mixtures from 1 June 2015.
S.I. No. 102 of 2011 Chemicals Act (CLP Regulation) Regulations 2011(PDF 98.5KB) These Regulations 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 [No. 1272/2008].
Council Directives 67/458/EEC and 1999/45/EEC are transposed into Irish law by:
Substances
- European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 2003. S.I. No. 116 of 2003
- S.I. No. 25 of 2006 [European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2006], transposing Directive 2004/73/EC of the 29th April 2004 adapting to technical progress for the 29th time Council Directive 67/548/EEC relating to the classification, packaging and labelling of dangerous substances.
- S.I. No. 272 of 2008 European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2008 (PDF, 322KB)
Preparations
- European communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations, S.I. No.62 of 2004
- European Communities (Classification, Packaging and Labelling of Dangerous Preparations) (Amendment) Regulations 2006 S.I.No. 76 of 2007.
- S.I. No. 271 of 2008 European Communities (Classification, Packaging and Labelling of Dangerous Preparations) (Amendment) Regulations 2008 (PDF, 102KB)
Control of Major Accident Hazards [Seveso]
The purpose of the European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006) is to ensure that, at locations where dangerous substances are handled in quantities above the thresholds specified, there will be a high level of protection for people, property and the environment.
The European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 transposes Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances into Irish law.
The EU Commission adopted a proposal for a new Seveso Directive on 21st December 2010.
Carriage of Dangerous Goods by Road
The Minister for Jobs, Enterprise and Innovation signed Regulations re-transposing into Irish law Commission Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (insofar as that Directive relates to the carriage of dangerous goods by road) as amended by Commission Directive 2010/61/EU of 2 September 2010 adapting for the first time the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to scientific and technical progress and Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment, but in so far only as that Directive relates to the carriage of dangerous goods by road.
The relevant Statutory Instruments is:
This Statutory Instrument revoked and replaced the European Communities (Transportable Pressure Equipment) Regulations 2004 (S.I. No. 374 of 2004), the Carriage of Dangerous Goods by Road Regulations 2010 (S.I. No.617 of 2007), the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2010 (S.I. No. 618 of 2010), the Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010 (S.I. No. 619 of 2010), and the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2010 (S.I. No. 620 of 2010).
Chemical Agents
The Minister for Jobs, Enterprise and Innovation consented to the publication by the Health and Safety Authority of a 2011 Code of Practice relating to Chemical Agents. This Code of Practice provides practical guidance as to the observance of Regulations 4(1)(e), 4(5)(d), 6(1)(c), (d) and (e) and 9 (1) (b) of the Safety, Health and Welfare at Work (Chemicals Agents) Regulations 2001, in relation to occupational exposure limit values (OELVs) for a number of chemical agents as listed in Schedule 1 to the Code, having regard to the provisions of the Safety, Health and Welfare at Work Act 2005.
Dangerous Substances
The Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2011 were signed into law by the Minister for Jobs, Enterprise and Innovation on 22 December 2011.
These Regulations extend, until 31 December 2012, 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) (Amendment) Regulations 2010.
Marketing & Use
These Regulations 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.
Biological Agents
The Safety, Health and Welfare at Work (Biological Agents) Regulations 1994 as amended in 1998 (S.I. No.146 of 1994 and S.I. 248 of 1998) sets down the minimum requirements for the protection of workers from the health risks associated with biological agents in the workplace. The regulations must be applied to any activity where workers are actually or potentially exposed to biological agents as a result of their work.
The Safety, Health and Welfare at Work (General Application) Regulations, 2007, (S.I. No. 299 of 2007). Some biological agents have the potential to affect certain sensitive risk groups and there is a specific legal obligation under Part 6 of the Safety, Health and Welfare at Work (General Application) Regulations, 2007, (S.I. No. 299 of 2007) for employers to assess the exposure of children and young persons and pregnant, post natal and breast feeding employees to biological agents.
Under the Safety, Health and Welfare at Work Act, 2005 (No. 10 of 2005) there are specific requirements in relation to substances. A substance is defined under the Act as including any natural or artificial substance, preparation or agent in solid or liquid form or in the form of a gas or vapour or as a micro-organism (i.e. a biological agent)
2. Proposals for EU Directives/ EU Regulations
Proposal for a Directive on the Control of Major-Accident Hazards Involving Dangerous Substances (Seveso)
The Department of Jobs, Enterprise and Innovation consulted 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 aimed at preventing major accidents involving dangerous substances and limiting the consequences in the event of such a major accident, and followed 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 by the Commission were:
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.
• Department’s Consultation Paper (PDF 130KB),
• EU Commision proposal (PDF 433KB),
• Cion Impact Assesment (PDF 77.6KB),
• Summary Cion Impact Assesment (PDF 77.6KB)
• CLP Regulation No 1272/2008 (PDF 6.58MB)
http://ec.europa.eu/environment/seveso/review.htm
Submissions received by the Department of Jobs. Enterprise and Innovation 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) are available in our Archived Updates and Notifications section.
EU Rotterdam Regulation
The Department of Jobs, Enterprise and Innovation consulted 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.
• Consultation document on the draft recast (PDF 136KB)
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 Jobs, Enterprise and Innovation consulted 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.
The Department invited views from all stakeholders on the Commission's proposal especially, those involved in the manufacture and supply of laundry detergents.
The following were the submissions received:
Key documents:
• EU Commission's Impact Assessment
• Summary of EU Commission's Impact Assessment
• Commission Report on phosphates in detergents
3. Draft National Legislation
Review of Dangerous Substances Acts and associated Regulations – updating the regulatory regime applying to petroleum spirit (petrol) and other fuels
The Department of Jobs, Enterprise and Innovation held a public consultation as part of its review of the Dangerous Substances Acts and related Regulations (PDF, 6KB), with a view to updating the regulatory regime applying to petrol and other fuels.
A Report by ARUP Consulting Engineers, commissioned by the Department as part of the review, contains recommendations for consideration. The Department invited views on the possible ways forward set out in the consultation document (PDF, 95KB), which have regard to the ARUP Report (PDF, 1.6MB).
Submissions were received from the following:
Association for Petroleum and Explosives Administration (PDF, 2 MB)
Chief Fire Officers Association (PDF, 24KB)
Department of Transport (PDF, 63KB)
Forecourt Systems Ltd (PDF, 910KB)
Health and Safety Authority (PDF, 285KB)
Irish Petroleum Industry Association (PDF, 394KB)
Irish Ports Association (PDF, 32KB)
Maurice Fitzgerald (PDF, 22KB)
Michael O’Kane and Associates (PDF, 576KB)
R & M Technologies (PDF, 486KB)
Draft Chemicals (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2009
The Department of Jobs, Enterprise & Innovation 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 Jobs, Enterprise and Innovation 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)
Link to Seveso Review
Last modified: 09/10/2012
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