S.I. No. 47/1986:

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MARKETING AND USE) REGULATIONS, 1986

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MARKETING AND USE) REGULATIONS, 1986

I, RUAIRI QUINN, Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 8¾78/EEC of 19 September, 1983¹, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1986.

(2) These Regulations shall come into operation on the 10th day of March, 1986.

(3) The European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 to 1985, and these Regulations may be cited together as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 to 1986.

(4) The Principal Regulations and these Regulations shall be construed together as one.

2. (1) In these Regulations--

"the Directive of 1983" means Council Directive No. 8¾78/EEC of 19 September, 1983¹,

"the Principal Directive" means Council Directive No. 76/769/EEC of 27 July, 1976²,

"the Principal Regulations" means the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 ( S.I. No. 382 of 1979 );

"the Regulations of 1981" means the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981 ( S.I. No. 149 of 1981 ).

¹O.J. No. l263/33 24.9. 1983.

²O.J. No. L262/201 27.9.1976.

(2) Regulation 2(4) of the Principal Regulations shall apply to the requirements of Regulations 3 and 4 of these Regulations in like manner as it applies to the requirements of Regulations 3 and 4 of the Principal Regulations.

(3) Regulation 10 of the Principal Regulations shall apply to proceedings for an offence in which it is alleged that there was a contravention of Regulations 3 and 4 of these Regulations as it applies to proceedings which are proceedings described in the said Regulation 10 and, accordingly, the reference in the said Regulation 10 to the dangerous substance shall be construed as including a reference to a fibre to which Regulation 3 of these Regulations applies and to a fibre to which Regulation 4 of these Regulations applies.

3. (1) This Regulation applies to any fibre specified in point 5.1 (inserted by Article 2 of the Directive of 1983) of Annex 1 to the Principal Directive namely crocidolite.

(2) Subject to Regulation 2(4) of the Principal Regulations (as extended by Regulation 2(2) of these Regulations and paragraph (3) of this Regulation), a person shall neither--

( a ) place on the market any fibre or a product which contains a fibre to which this Regulation applies, nor

( b ) use any substance or any product which contains a fibre to which this Regulation applies.

(3) This Regulation shall not apply to--

( a ) any product containing the fibre to which this Regulation relates placed on the market before the 30th day of June, 1988; provided that such product was manufactured before the 1st day of January, 1986;

( b ) the use of any product containing the fibre to which this Regulation relates; provided such product has been manufactured, placed on the market or used before the 1st day of January, 1986; and

( c ) asbestos-cement pipes, acid and temperature-resisting seals, gaskets, gland packings, flexible compensators and torque converters including fibres and semi-finished products essential to their manufacture.

4. (1) This Regulation applies to any fibre specified in point 5.2 (inserted by Article 2 of the Directive of 1983) of Annex 1 to the Principal Directive namely all asbestos fibres.

(2) Subject to Regulation 2(4) of the Principal Regulations (as extended by Regulation 2(2) of these Regulations), a person shall neither--

( a ) place on the market any product containing a fibre to which this Regulation relates, nor

( b ) use any product containing a fibre to which this Regulation relates,

unless the products bear a label in accordance with the provisions of Annex II of the Principal Directive (inserted by the Directive of 1983).

5. A person appointed under Regulation 6 of the Regulations of 1981 shall have power to enter, inspect, examine and search at all reasonable times any premises or other land which he has reasonable cause to believe is being used for or in connection with the marketing of any fibre to which Regulation 3 or Regulation 4 of these Regulations applies.

6. Regulations 5 and 6 of the Principal Regulations shall each be construed and have effect as if each of the references therein to a or to any dangerous substance (or to any such or such substance) included a reference both to a fibre to which Regulation 3 of these Regulations applies and to a fibre to which Regulation 4 of these Regulations applies.

7. (1) A person who contravenes Regulation 3 or 4 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £600.

(2) Any person who obstructs or interferes with a person in the course of exercising a power conferred on him by virtue of Regulation 5 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

8. Proceedings for an offence under Regulation 7 of these Regulations in which it is alleged that there was either--

( a ) marketing in contravention of Regulation 3 or 4 of these Regulations, or

( b ) in relation to a person appointed under Regulation 6 of the Regulations of 1981 to be an authorised person, an obstruction or interference referred to in Regulation 7(2) of these Regulations,

may (in lieu of being prosecuted by the Minister) be prosecuted by the Minister for Industry and Commerce.

GIVEN under my Official Seal, this 28th day of February 1986.

RUAIRI QUINN,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations prohibit with certain qualifications and exemptions, the marketing and use of abestos fibres, such as crocidolite and products containing such fibres, which may be harmful to human health. They also provide that, where permissible, the marketing and use of products containing these fibres shall be subject to their bearing a label in accordance with the provisions of Annex II of the Directive.