Chemicals Legislation

Chemicals (Asbestos Articles) Regulations 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.

S.I. No. 248 of 2011 Chemicals (Asbestos Articles) Regulations 2011 (PDF, 127KB)

Chemicals Act 2008 [No. 13 of 2008] and Chemicals (Amendment) Act 2010 (No. 32 of 2010)

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 Since 1 June 2009, those Directives are repealed and replaced by Title VIII and Annex XVII of the EU REACH Regulation 1907/2006, as amended.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)

Classification, packaging and labelling of dangerous chemicals

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.

Council Directives 67/458/EEC and 1999/45/EEC are transposed into Irish law by:

Control of Major Accident Hazards [Seveso]

The purpose of the European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations 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.

S.I. No. 74 of 2006 [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 21^st December 2010. The Department is consulting interested parties. Views are sought by 28^th February 2011

Further information, and questions and answers, relating to control of major accident hazards is available on the Health and Safety Authority’s website.

Carriage of Dangerous Goods by Road

The 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. The relevant Statutory Instruments are:

• S.I. No. 620 of 2010 European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2010
• S.I. No. 619 of 2010 Carriage of Dangerous Good by Road Act 1998 (FEES) Regulations 2010 (PDF 116KB)
• S.I. No. 618 of 2010 Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2010 (PDF 106KB)
• S.I. No. 617 of 2010 Carriage of Dangerous Goods by Road Regulations 2010 (PDF 5.31MB)
• S.I. No. 616 of 2010 European Communities (Carriage of Dangerous Goods by Road Act 1998) (Amendment) Regulations 2010 (PDF 100KB)

The Statutory Instruments revoke and replace the Carriage of Dangerous Goods by Road Regulations 2007 [S.I. No. 288 of 2007]; the European Communities (Carriage of Dangerous Goods by Road)(ADR Miscellaneous Provisions) Regulations 2007 [S.I. No. 289 of 2007]; the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2007 [S.I. No. 290 of 2007]; and the Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2007[S.I. No. 291 of 2007].

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

Asbestos

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.

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

Further information relating to asbestos is available on the website of the Health and Safety Authority.

Chemical Agents

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

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),

• Commisions 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

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.

Public Consultation - Review of Dangerous Substances Acts – updating the regulatory regime applying to petroleum spirit (petrol) and other fuels

The Department of Enterprise, Trade and Employment 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)

Revenue Board Chairman’s Office (PDF, 45KB)

Unattended Payment terminals Ltd (PDF, 40 KB)

• Other referenced legislation: Safety, Health and Welfare at Work Act 2005 (PDF)

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)