S.I. No. 204/1987:

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MARKETING AND USE) REGULATIONS, 1987.

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MARKETING AND USE) REGULATIONS, 1987.

I, BERTIE AHERN, T.D., 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. 85/467/EEC of 1 October, 1985,¹ hereby make the following Regulations:

¹O.J. No. L269/56 11.10.1985.

1. (1) These Regulations may be cited as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1987.

(2) These Regulations shall come into operation on the 31st day of August, 1987.

(3) The European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 to 1986, and these Regulations may be cited together as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 to 1987.

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

2. In these Regulations--

"the Directive of 1985" means Council Directive No. 85/467/EEC of 1 October, 1985¹;

¹O.J. No. L269/56 11.10.1985.

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

²O.J. No. L262/201 27.9.1976.

"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 ).

3. Regulation 2 (1) of the Principal Regulations is hereby amended by the substitution for the definition of "dangerous preparation" of the following:

"'dangerous preparation' means any preparation, including waste oils, with a polychlorinated biphenyl or polychlorinated terphenyl content higher than 0.01% by weight;".

4. Regulation 4 of the Principal Regulations is hereby amended--

( a ) by the substitution for paragraph (1) of the following paragraph:

"(1) Subject to Regulation 2 (4) of these Regulations and to the other provisions of this Regulation, a person shall not use--

( a ) chloro-l-ethylene (monomer vinyl chloride) for any purpose as an aerosol propellant,

( b ) any other dangerous substance or dangerous preparation for any purpose other than a purpose which is mentioned in column (2) of the Schedule to these Regulations as a permitted use.";

( b ) by the addition of the following paragraph:

"(4) All equipment and plant to which the Schedule to these Regulations relate shall be properly maintained and used so as not to cause any danger to health or to the environment.".

5. Regulation 9 (1) of the Principal Regulations is hereby amended by the substitution for "or 4 (1)" of ", or paragraph (1) or (4) of Regulation 4,".

6. Regulation 10 of the Principal Regulations is hereby amended by the substitution for "or 4 (1)" of ", or paragraph (1) or (4) of Regulation 4,".

7. The Principal Regulations are hereby amended by the substitution for the Schedule thereto of the following Schedule:

"SCHEDULE

"

8. (1)There shall be permanently affixed, not later than 3 months after the commencement of these Regulations, to any plant or equipment to which Regulation 4 (1) (b) of the Principal Regulations (as amended by these Regulations) relates, whose total weight is not less than 1 kg and which contains polychlorinated biphenyls (PCB) or polychlorinated terphenyls (PCT), or any preparation thereof, the notice set out in the Table to this Regulation.

(2) The notice affixed pursuant to paragraph (1) of this Regulation shall be deemed not to comply with that paragraph unless it is clearly legible and capable of being read horizontally when the plant or equipment concerned is installed in the normal way.

(3) The provisions of this Regulation are in addition to and not in substitution for any other enactment.

TABLE

Contains either or both PCB and PCT.

Avoid contact with the skin.

Leaked or spilled PCB or PCT must be absorbed in suitable material and placed in a suitable leakproof container pending disposal.

The Minister for the Environment must be notified pursuant to the European Communities (Waste) Regulations, 1984 ( S.I. No. 108 of 1984 ), prior to disposal of all plant and equipment containing PCB or PCT or materials contaminated by PCB or PCT.

9. No person shall place on the second-hand market any equipment, plant or fluid to which column (2) of the Schedule to the Principal Regulations (as amended by these Regulations) relates except where the intention in so placing is to dispose of it finally from use.

10. Where the Minister is of the opinion that it is necessary for the protection of health or of the environment to prohibit, before being disposed of or before reaching the end of its service life, the use of any equipment, plant or fluid to which column (2) of the Schedule to the Principal Regulations (as amended by these Regulations) relates, he shall so prohibit such use and shall cause to be issued in writing to the owner or person in charge of such equipment, plant or fluid a notice of his opinion and of the time from which the prohibition is to take effect.

11. (1) The Minister may, with the consent of the Minister for the Environment and the Minister for Health and subject to paragraphs (2) and (3) of this Regulation, grant in writing a derogation to any person in respect of the prohibition on the use of a primary or intermediate product for further processing into other products not prohibited by the Principal Regulations or any Regulations amending them when he considers that the derogation would have no deleterious effect on health or the environment.

(2) No derogation under this Regulation shall be granted unless the provision of condition 6 of point 1 of the Annex to the Principal Directive (as amended by the Directive of 1985) which relates to notification to the Commission has been complied with.

(3) A derogation granted under this Regulation shall be subject to such conditions as may be specified therein and any derogation so granted may be revoked at any time by the Minister.

12. (1) The owner or person in charge of any equipment or plant to which these Regulations apply and which was in use before the commencement of these Regulations may supplement the level of liquids containing polychlorinated biphenyls or polychlorinated terphenyls where, in relation to such plant or equipment, there is an authorisation under paragraph (2) of this Regulation or the provisions of paragraph (3) of this Regulation have been complied with.

(2) Where the Minister considers, in relation to any equipment or plant to which these Regulations apply or to any class or type thereof, that for technical reasons it is only possible under normal conditions of maintenance to supplement the level of liquids therein by liquids containing polychlorinated biphenyls or polychlorinated terphenyls rather than to use substitute products, then he may authorise in writing the use of polychlorinated biphenyls, polychlorinated terphenyls and preparations thereof to so supplement and, where any such authorisation relates to a class or type of equipment or plant, notice thereof shall be published in the Iris Oifigiúil.

(3) Where the owner or person in charge of the equipment or plant contemplates supplementing, under normal conditions of maintenance, the level of liquids containing polychlorinated biphenyls or polychlorinated terphenyls because he believes that it is not possible for technical reasons to use substitute products, he may supplement the level of such liquids where--

( a ) he has requested, in writing, authority to supplement the level of such liquids and that request--

(i) has been sent by registered post to the Industrial Inspectorate, Department of Labour, Davitt House, 50-60 Mespil Road, Dublin 4,

(ii) certifies therein his belief that it is not possible for technical reasons to use substitute products,

(iii) provides therein such information as is necessary to substantiate that belief, and

(iv) is in such form and contains details of such other information as the Minister may determine,

and

( b ) the Minister has not, within 3 weeks of such request having been received, caused the owner or person in charge of that equipment or plant to be informed that he is refused authorisation to supplement such liquids,

and, whenever there is such refusal, it shall, if not given in writing, be confirmed in writing to the said owner or person in charge, as the case may be, as soon as is practicable.

13. A person appointed under Regulation 6 of the Regulations of 1981 shall have power to--

( a ) 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 equipment, plant or fluid to which Regulation 3 or 4 (1) (inserted by these Regulations) of the Principal Regulations or Regulation 9 of these Regulations applies, and

( b ) make such examination or enquiry as may be necessary to ascertain whether the requirements in so far as they relate to marketing, of the said Regulation 3 or 4 (1) or the said Regulation 9, as the case may be, are being complied with.

14. (1) A person who contravenes Regulation 8 or 9 of these Regulations or a notice issued or a derogation granted under Regulation 10 or 11, respectively, thereof shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(2) Any person who obstructs or interferes with a person in the course of exercising a power conferred on him by virtue of Regulation 13 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £350.

15. Proceedings for an offence under paragraph (1) or (3) of Regulation 9 of the Principal Regulations or Regulation 14 of these Regulations in which it is alleged that there was either--

( a ) marketing in contravention of--

(i) in a case to which the said paragraph (1) or (3) relates, Regulation 3 or 4 (1) of the Principal Regulations, or

(ii) in a case to which the said Regulation 14 relates, Regulation 9 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 14 (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 July, 1987.

BERTIE AHERN,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations provide for increased restrictions on the marketing and use of polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs). They also require equipment and plant containing PCBs or PCTs to display instructions concerning the disposal of these substances.