Kelleher welcomes new era in chemicals regulation
“Important to have systems in place to reduce risk to human health and the environment” – Minister Kelleher.
Minister for Labour Affairs, Billy Kelleher TD, today (Tuesday 15th July 2008) announced the commencement of the Chemicals Act 2008.
The Chemicals Act is a major piece of new legislation in the area of chemicals regulation in Ireland. Its primary focus is to facilitate the enforcement of certain EU Regulations concerning chemicals in Ireland.
The commencement of this Act marks an important step in the delivery of the commitment under the Programme for Government to implement the EU Regulatory framework governing the manufacture and use of chemicals in a way which does not impact on the competitiveness of our economy.'
Speaking after the signing of the Order to commence this new Act, Minister for Labour Affairs, Billy Kelleher TD, said: “When bringing the Chemicals Bill through the Oireachtas, I was very conscious how critical chemicals are to the way we live today – they form part of virtually everything we make and use as well as providing enormous benefits to society.”
Minister Kelleher said “Some chemicals can present risks to human health and the environment and it is important to have systems in place to identify, monitor and control them as well as their effects while continuing to ensure that they are available for the benefit of society.
“It is reckoned that there are over 30,000 chemicals in use in the EU but the reality is we know little or nothing about many of them. With the new REACH Regulation, which this Act implements, this will start to change. Chemicals will have to be registered. Information will have to be supplied about their uses and effects. This is the start of a new era in chemicals regulation in Ireland.
“Our approach in framing this Bill was to provide a clear regulatory framework for business that would result in high levels of compliance and increased co-operation between the various national authorities in order to maximise efficiencies in enforcement.”
Minister Kelleher warned those who manufacture, import or use chemicals that they could be out of business unless the chemicals, that they manufacture, import or use, are pre-registered by 1 Dec. 2008.
Minister Kelleher also said that “Adopting the approach of putting all enforcement measures in one Act puts in place a more streamlined and coherent legal framework for the regulation of chemicals in Ireland. This will benefit everyone and also fits in with the Government’s Better Regulation Agenda.’
In conclusion, Minister Kelleher said that “With a view to better ‘joined up’ Government, the Act provides for co-operation arrangements for national authorities to carry out joint enforcement activities and to share information with each other and with authorities in other EU Member States.”
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Notes for Editors
Chemicals Act 2008
Primary purpose of Act - To put in place a more streamlined and coherent legal framework for the regulation of chemicals in Ireland pursuant to certain *EU chemicals legislation.
Main measures included in Act –
-
Designation of a number of national authorities including the
- Health and Safety Authority,
- Environmental Protection Agency,
- Minister for Agriculture, Fisheries and Food,
- Minister for Health and Children,
- Irish National Accreditation Board (INAB),
- Revenue Commissioners,
as responsible for specific areas of enforcement;
- Co-operation arrangements for national authorities to carry out joint enforcement activities and to share information with each other and with authorities in other EU Member States;
- A range of enforcement powers aimed at encouraging compliance and discouraging non-compliance;
- Provision for penalties for offences – up to ¤5,000 and/or 6 months’ imprisonment for summary offences and ¤3 million and/or 2 years’ imprisonment for indictable offences;
- Provision for ‘on-the-spot’ fines of up to ¤2,000 for minor offences;
- Protection of whistleblowers in the event of breaches of chemicals law being reported in good faith.
Background information
The EU chemicals legislation being implemented by the Chemicals Act include the following:
The *EU REACH Chemicals Regulation provides for the registration by producers and importers of all chemicals, including preparations or present in articles, manufactured or placed on the market, in quantities of one tonne or more per year.
Failure to register will mean the substance cannot be manufactured or used or imported into the EU market. There are duties to provide information and procedures for the evaluation of chemicals and, where chemicals pose particular risks, systems for authorisations and restrictions. Substitution with safer alternatives is encouraged. REACH establishes the European Chemicals Agency to administer the Regulation in cooperation with the national competent authorities.
The *EU Regulation on the rules governing the import and export of dangerous chemicals under the Rotterdam Convention, the primary aim of which is to control the supply of such chemicals to third world countries based on the principle of prior informed consent.
The *EU Detergents Regulation which aims to harmonise rules relating to the biodegradability of surfactants in detergents, restrictions or bans on surfactants on grounds of biodegradability, additional labelling of detergents, including fragrance allergens, and information that manufacturers must hold at the disposal of the Member States competent authorities and medical personnel. The EU Detergents Regulation is currently given further effect to through regulations made under the European Communities Act 1972.
The EU ‘Seveso’ Directive, aimed at controlling major hazards involving dangerous substances and their likely effects, should incidents occur, on people and the environment. The Seveso Directives are currently transposed in Ireland through regulations made under the European Communities Act 1972.
To access the Act click on the following link:
http://www.djei.ie/employment/chemicalspolicy/chemicalsact.pdf
Last modified: 15/07/2008
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