S.I. No. 462/1998 -- European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1998

S.I. No. 462/1998 -- European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1998 1998 462

S.I. No. 462/1998:

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MARKETING AND USE) REGULATIONS, 1998

I, Mary Harney, Tanaiste and Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 76/769/EEC of 27 July, 1976 ¹, Council Directive No. 79/663/EEC of 24 July 1979 ², Council Directive No. 82/806/EEC of 22 November 1982 ³, Council Directive No. 83/264/EECof 16 May 1983 ⁴, Council Directive No. 8¾78/EEC of 19 September 1983 ⁵, Council Directive No. 85/467/EEC of 1 October 1985 ⁶, Council Directive No. 89/677/EEC of 21 December 1989 ⁷, Council Directive No. 91/157/EEC of 18 March 1991 ⁸, Council Directive No. 91/173/EEC of 21 March 1991 ⁹, Council Directive No. 91/338/EEC of 18 June 1991 ¹⁰, Council Directive No. 91/339/EEC of 18 June 1991 ¹¹, Commission Directive No. 91/659/EEC of 3 December 1991 ¹² Council Directive No. 94/60/EC of 20 December 1994 ¹³, Commission Directive No. 96/55/EC of 4 September 1996 ¹⁴, Commission Directive No. 97/10/EC of 26 February 1997 ¹⁵, and Directive 97/16/EC of the European Parliament and the Council of 10 April 1997 ¹⁶, and Commission Directive 97/64/EC of 10 November 1997 ¹⁷ hereby make the following Regulations:-

¹ O.J. No. L262/201 27.9.76

² O.J. No. L197/37 3.8.79

³ O.J. No. L339/55 1.12.82

⁴ O.J. No. L147/9 6.6.83

⁵ O.J. No. L263/33 24.9.83

⁶ O.J. No. L269/56 11.10.85

⁷ O.J. No. L398/19 30.12.89

⁸ O.J. No. L78/38 26.3.91

⁹ O.J. No. L85/34 5.4.91

¹⁰ O.J. No. L186/59 12.7.91

¹¹ O.J. No. L186/64 12.7.91

¹² O.J. No. L363/36 31.12.91

¹³ O.J. No. L365/1 31.12.94

¹⁴ O.J. No. L23½0 12.9.96

¹⁵ O.J. No. L68/24 8.3.97

¹⁶ O.J. No. L1161/31 6.5.97

¹⁷ O.J. No. L315/13 19.11.97

1. These Regulations may be cited as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1998.

2. The European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1994 ( S.I. No. 79 of 1994 ) are hereby revoked.

3. (1) In these Regulations -

"the Act of 1989" means the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989);

"the Authority" means the National Authority for Occupational Safety and Health established under section 15(1) of the Act of 1989;

"dangerous substance" means a dangerous substance that is specificed in the First Schedule, Second Schedule or Third Schedule;

"dangerous preparation" means a dangerous preparation that is specified in the First Schedule, Second Schedule or Third Schedule;

"inspector", where the context so admits, means -

(a) a person authorised in accordance with Regulation 7(1), or

(b) a person deemed to be authorised in accordance with Regulation 7(2);

"the Minister" means the Minister for Enterprise, Trade and Employment.

(2) A word or expression that is used in these Regulations and is also used in Council Directive 76/769/EEC of 27 July 1976 ¹⁸, Council Directive 79/663/EEC of 24 July 1979 ¹⁹, Council Directive 82/806/EEC of 22 November 1982 ²⁰, Council Directive 83/264/EEC of 16 May 1983 ²¹, Council Directive 8¾78/EEC of 19 September 1983 ²², Council Directive 85/467/EEC of 1 October 1985 ²³, Council Directive 89/677/EEC of 21 December 1989 ²⁴, Council Directive 91/157/EEC of 18 March 1991 ²⁵, Council Directive 91/173/EEC of 21 March 1991 ²⁶, Council 91/338/EEC OF 18 June 1991 ²⁷, Council Directive of 91/339/EEC of 18 June 1991 ²⁸, Commission Directive 91/659/EEC of 3 December 1991 ²⁹, Council Directive 94/60/EC of 20 December 1994 ³⁰, Commission Directive 96/55/EC of 4 September 1996 ³¹, Commission Directive 97/10/EC of 26 February 1997 ³² and Directive 97/16/EC of the European Parliament and of the Council of the 10th April 1997 ³³, and Commission Directive 97/64/EC of 10 November 1997 ³⁴ has, unless the contrary intention appears, the same meaning in these Regulations as in the Council Directive concerned.

¹⁸ O.J. No. L262/201 27.9.76

¹⁹ O.J. No. L197/37 3.8.79

²⁰ O.J. No. L339/55 1.12.82

²¹ O.J. No. L147/9 6.6.68

²² O.J. No. L263/33 24.9.83

²³ O.J. No. L269/56 11.10.85

²⁴ O.J. No. L398/19 30.12.89

²⁵ O.J. No. L78/38 26.3.91

²⁶ O.J. No. L85/34 5.4.91

²⁷ O.J. No. L186/59 12.7.91

²⁸ O.J. No. L186/64 12.7.91

²⁹ O.J. No. L363/36 31.12.91

³⁰ O.J. No. L365/1 31.12.94

³¹ O.J. No. L23½0 12.9.96

³² O.J. No. L68/24 8.3.97

³³ O.J. No. L116/31 6.5.97

³⁴ O.J. No. 1315/13 19.11.97

(3) In these Regulations a reference to a Regulation or a Schedule is to a Regulation of, or a Schedule to, these Regulations, unless it is indicated that reference to some other Regulation is intended and a reference to a paragraph is a reference to the paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) The Act of 1989 shall be construed and have effect as if these Regulations were an existing enactment within the meaning of "existing enactments" specified in section 2 (1) of that Act and set out in Part II of the Second Schedule to that Act.

(5) Nothing in paragraph (4) shall be construed as creating an indictable offence in respect of these Regulations.

4. Except as otherwise provided, these Regulations shall not apply to--

(a) the carriage of dangerous substances and dangerous preparations by rail, road, inland waterway, sea or air,

(b) dangerous substances and dangerous preparations exported to a country or territory other than a Member State of the European Communities, and

(c) dangerous substances and dangerous preparations which are in transit and subject to customs inspection but do not undergo processing.

5. A condition of restriction imposed by these Regulations on a dangerous substance, group of dangerous substances or dangerous preparation as specified in column (3) of the First Schedule shall not apply to marketing or use for research and development or analysis purposes.

6. (1) A person shall not place on the market or use a dangerous substance, group of dangerous substances or dangerous preparation specified in column (2) of the First Schedule unless--

(a) the condition of restriction that is specified in column (3) of the First Schedule for the dangerous substance, group of dangerous substances or dangerous preparation concerned, and

(b) any provision, other than a condition, in that column, are

complied with.

(2) A person shall not place on the market or use a dangerous substance, group of dangerous substances or dangerous preparation specified in column (2) of the Part A or Part B of the Second Schedule unless such dangerous substance, group of dangerous substances or dangerous preparation bears a label in the form specified for the dangerous substance, group of dangerous substances or dangerous preparation concerned in column (2) of the Second Schedule.

7. (1) The Minister may, in consultation with the Minister for Agriculture and Food, authorise a person to be an inspector for the purpose of these Regulations.

(2) A person who is authorised to be an inspector under section 33 of the Act of 1989 shall be deemed to be authorised as an inspector for the purpose of these Regulations.

(3) A condition of restriction specified in column (3) of the First Schedule in respect of a dangerous substance, group of dangerous substances or dangerous preparation specified in column (2) of the First Schedule at reference numbers 18, 19, 20, 22 and 32 in column (1) of the First Schedule shall, subject to paragraph (3), be enforced by an inspector referred to in paragraph (1).

(4) A condition of restriction specified at clause (c) in column (3) of the First Schedule at reference number 18 in column (1) of the First Schedule shall be enforced by an inspector referred to in paragraph (2).

(5) A person authorised under these Regulations shall, on such authorisation, be furnished with a certificate of authorisation by the Minister or the Authority and when exercising power conferred by these Regulations shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

8. (1) An inspector may--

(a) enter, inspect, examine, and search at all times any structure, premises or other land which the inspector has reasonable cause to believe is being used for or in connection with the manufacture, storage, use, packing or placing on the market of dangerous substance or dangerous preparation,

(b) be accompanied by a member of the Garda Siochana if the inspector has reasonable cause to apprehend any obstruction in the execution of his or her duty,

(c) require any person whom the inspector considers to be in charge of or employed in or on any structure, premises or other land entered by the inspector under these Regulations, to --

(i) produce any dangerous substance or dangerous preparation which is in the possession or under the control of such person, and

(ii) produce any books, records or other documents which relate to transactions concerning any dangerous substance or dangerous preparation and which are in the possession or under the control of such person,

(d) inspect, where the inspector enters any structure, premises or other land, any dangerous substance or dangerous preparation and any book, record or other document including information on non-legible form that is produced in accordance with these Regulations, and where the inspector thinks fit, copy any entry in such book, record or document,

(e) make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with,

(f) examine anything which the inspector reasonably believes to be a dangerous substance or dangerous preparation which he or she finds in the course of an inspection pursuant to this Regulation, and

(g) require any person whom the inspector finds on any structure, premises or other land, to furnish such information as the inspector may reasonably require for the purpose of these Regulations.

(2) Where, in the course of exercising a power conferred on him or her by this paragraph, the inspector finds anything he or she reasonably believes to be a dangerous substance or dangerous preparation in or on any structure, premises or other land, require the person whom the inspector considers to be in charge or control of such dangerous substance or dangerous preparation to provide the inspector with such information in relation to the identity of the owner of the dangerous substance or dangerous preparation concerned as is within the knowledge, power or procurement of such person.

(3) Where the inspector --

(a) has reasonable cause to believe that a contravention of these Regulations has been or is being committed in or on any structure, premises or other land, and

(b) is authorised to enter such structure, premises or other land by a warrant of a judge of the District Court,

the inspector may use force where necessary in order to enter the structure, premises or other land.

(4) Where the inspector --

(a) has reasonable cause to believe that a contravention of these Regulations has been or is being committed in or on any structure, premises or other land, and

(b) has reasonable grounds for believing that there is an emergency and that the delay in obtaining a warrant would be likely to endanger life, the inspector may enter such structure, premises or other land.

(5) Where an inspector has reasonable cause to believe that a contrravention of these Regulations has been or is being committed in or on any structure, premises or other land, the inspector may apply to a judge of the District Court assigned to the district in which such structure, premises or other land is situated for a warrant authorising the entry onto or into such structure, premises or other land.

(6) If, on application being made under paragraph (5), a judge of the District Court is satisfied, on the sworn information of the inspector, that the inspector has reasonable grounds for believing that a contravention of these Regulations has been or is being committed, the judge may issue a warrant under his or her hand authorising the inspector at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the structure, premises or other land concerned and exercise the powers under these Regulations.

(7) Where an inspector, in the course of exercising a power conferred on him under these Regulations finds anything which he or she reasonably believes to be a dangerous substance or a dangerous preparation specified in the Schedules, the owner thereof, the person who appears to the inspector to be in charge or in control thereof, and any person who is the servant or agent of such owner shall enable the inspector to use anything which is under the control of that person and is required by the inspector for the purpose of making an examination, inspection or search pursuant to this Regulation, or for the purpose of the taking of a sample under Regulation 9.

(8) If any person wilfully, delays an inspector in the exercise of any power under this Regulation or fails to comply with a requisition of an inspector made in pursuance of or wilfully withholds any information as to who is the owner of a dangerous substance or dangerous preparation found by an inspector in the course of exercising a power under these Regulations, or prevents, or attempts to prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to have obstructed an inspector in the execution of his duties under these Regulations.

9. (1) Where in the course of exercising a power under these Regulations an inspector reasonably believes a substance or preparation to be a dangerous substance or a dangerous preparation and that a contravention of these Regulations has been or is being committed, the inspector may, subject to paragraph (2), take as many samples of such substance or such preparation for analysis as the inspector considers to be necessary.

(2) Where the inspector proposes to take samples under paragraph (1) the inspector shall, prior to such taking, inform --

(a) the owner of such substance or such preparation, or

(b) a person the inspector believes to be in charge or control of such subtance or such preparation or to have other responsibilities in respect of such substance or such preparation,

of the intention to take samples.

(3) The owner or other person referred to in paragraph (2) may, at the time when a sample is being taken under this Regulation and on supplying the necessary appliances, require the inspector to divide each sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits and --

(a) to deliver to such owner or other person

(b) to retain one part for further comparison, and

and any analysis under this Regulation shall, if the person by whom the requisition under this paragraph is made so requires, be carried out by or under the direction of the State Chemist or a person who is for the time being authorised for the purposes of this Regulation by the Authority or by the Minister in consultation with the Minister for Agriculture and Food.

(4) A certificate, purporing to be a certificate by the State Chemist or a person who is for the time being approved for the purposes of this Regulation by the Authority or by the Minister in consultation with the Minister for Agriculture and Food as to the result of an analysis of a sample taken under this Regulation, shall in any proceedings for an alleged offence under these Regulations be admissable as evidence of the matters stated therein unless the contrary is shown.

(5) The Authority may authorise a person to carry out any analysis under this Regulation.

(6) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under these Regulations, to publish or disclose to any person other than the person referred to in subparagraph (a) or (b) of paragraph (2), the Authority or the Minister the results of an analysis made under this Regulation.

10. An offence under these Regulations may be prosecuted by the Authority.

11. (1) A person who contravenes paragraph (1) or (2) of Regulation 6 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(2) Any person who --

(a) obstructs or interferes with an inspector in the course of exercising a power conferred on an inspector by these Regulations, or

(b) fails to comply with a requisition made by an inspector for the purpose of these Regulations,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

12. In any proceedings for an offence under these Regulations, it shall not be necessary to prove that--

(a) the dangerous substance or dangerous preparation to which the alleged offence relates was not marketed or used for research and development or analysis purposes, and

(b) such dangerous substance or dangerous preparation was not intended to be marketed or used for research and development or analysis purposes,

and the onus of proving that such dangerous substance or dangerous preparation was so used or was intended to be so used or shall be on the person against whom the proceedings are instituted.

FIRST SCHEDULE

Regulation 6

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
1. Council Directive No. 89/677/EEC	- Polychlorinated biphenyls (PCB) except mono and dichlorinated biphenyls	1. May not be used.
Council Directive No. 85/467/EEC	- Polychlorinated terphenyls (PCTs)	However, the use of equipment, plant and fluids referred to in points (a) to (e) which were in service on 30 June, 1986,
	- Preparations, including waste oils, with a PCB or PCT weight content higher than 0.005%	(a) closed-system electrical equipment, transformers, resistors and inductors;
	(b) large condensers (> 1kg. total weight);
		(c) small condensers (provided that the PCB has a maximum chlorine content of 43% and does not contain more than 3.5% of penta - and higher chlorinated biphenyls);
		(d) heat-transmitting fluids in closed-circuit heat-transfer installations;
		(e) hydraulic fluids for underground mining equipment;
		shall continue to be authorised until they are disposed of or reach the end of their service life.
2. Council Directive No. 76/769/EEC	Chloro-l-ethylene (monomer vinyl chloride)	May not be used as aerosol propellant for any use whatsoever.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
3. Council Directive No. 89/677/EEC and Commission Directive 97/64/EC	Liquid substances or preparations, which are regarded as dangerous according to the definitions in Article 2(2) and the criteria in Annex VI, Part 2,3 and 4 to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, as adapted to technical progress by Commission Directives 93/21/EEC and 96/54/EEC.	May not be used in:
ornamental objects intended to produce light or colour effects by means of different phases, for example in ornamental lamps and ashtrays; tricks, jokes; games for one or more participants, or any object intended to be used as such, even with ornamental aspects.
		The placing on the market of said objects, tricks, jokes and games containing the said substances is also prohibited.
		From 31 December, 1998, without prejudice to paragraph 1 above, substances and preparations which:
		- present an aspiration hazard and are labelled with R65, and
		- can be used as fuel in decorative lamps, and
		- are placed on the market in packaging of a capacity 1.5 litres or less,
		may not contain a colouring agent, unless required for fiscal reasons, or perfume or both.
		Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and preparations,

		the packaging of substances and preparations covered by paragraph 2, where intended for use in lamps, must be marked legibly and indelibly as follows;
		"Keep lamps filled with this liquid out of the reach of children"

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
4. Council Directive No. 79/663/EEC	Tris (2,3 dibromopropyl) phosphate CAS No (Chemical abstract Service Number) 126-72-7)	May not be used in textile articles, such as garments, undergarments and domestic linen, intended to come into contact with the skin.
		The placing on the market of said textile articles containing the substance is also prohibited.
5. Council Directive No. 83/264/EEC	Tris-aziridinyl)- phosphinoxide CAS No. 5455-55-1	May not be used in textile articles, such as garments, undergarments and domestic linen, intended to come into contact with the skin.
		The placing on the market of said textile articles containing these substances is also prohibited

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
6. Council Directive No. 83/264/EEC	Polybrominated-biphenyls (PBB) CAS No. 59536-65-1	May not be used in textile articles, such as garments, undergarments and domestic linen, intended to come into contact with the skin.
		The placing on the market of said textile articles containing these substances is also prohibited
7. Council Directive No. 82/806/EEC Council Directive No. 89/677/EEC	Benzene CAS No. 71-43-2	Not permitted in toys or parts of toys as placed on the market where the concentration of benzene in the free state is in excess of 5 mg/kg of the weight of the toy or part of toy.
		May not be used in concentrations equal to, or greater than, 0.1% by mass in substances or preparations placed on the market. However this provision shall not apply to:
		(a) motor fuels which are covered by Council Directive No. 85/210/EEC;
		(b) substances and preparations for use in industrial processes which do not allow for the emission of benzene in quantities in excess of those laid down in existing legislation;
		(c) waste covered by Council Directive No. 75/442/EEC and Council No. 91/689/EEC

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
8. Commission Directive 91/659/EEC	8.1 Crocidolite, CAS No 12001-28-4 Amosite, CAS No 12172-73-5 Anthophyllite asbestos, CAS No 77536-67-5 Actinolite asbestos, CAS No 77536-66-4 Tremolite asbestos CAS No 77536-68-6	8.1 The placing on the market and use of these fibres and of products containing these fibres intentionally added is prohibited
	8.2 Chrysotile, CAS No 12001-29-5	8.2 The placing on the market and the use of products containing this fibre is prohibited for:
		(a) toys;
		(b) materials or preparations intended to be applied by spraying;
		(c) finished products which are retailed to the public in powder form;
		(d) items for smoking such as tobacco pipes and cigarette and cigar holders;
		(e) catalytic filters and insulation devices for incorporation in heaters using liquefied gas;
		(f) paints and varnishes.
		(g) filters for liquids.
		(h) road surfacing material where the fibre content is greater than 2%;
		(i) mortars, protective coatings, fillers, sealants, jointing compounds, mastics, glues, decorative powders and finishes;
		(j) low density insulating or soundproofing materials (density less than 1 g/cm3);
		(k) air filters and filters in transport distribution and utilization of natural gas and town gas;

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
8. Commission Directive 91/659/EEC	8.2 Chrysotile, (continued) CAS No 12001-29-5	(l) Underlays for plastic floor and wall coverings;
		(m) textiles finished in the form intended to be supplied to the end user unless treated to avoid fibre release. By way of derogation, this prohibition will not apply to diaphragms for electrolysis processes until after 31 day of December, 1998;
		(n) roofing felt.
		Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the placing on the market and use of products containing this fibre may be permitted only if the products bear a label in accordance with the provisions of Part A Schedule 2.
9. Council Directive 83/264/EEC	Soap bark powder (Quillaja saponaria) and its derivatives containing saponins. Powder of the roots Helleborous viridis and Helleborus niger. Powder of the roots of Veratrum nigrum or Veratrum album. Benzidine or its derivatives or both. ortho-Nitrobenzaldehyde CAS No. 552-89-6. Wood Powder	May not be used in tricks and jokes or in objects intended to be used as such, for instance as a constituent of sneezing powder and stink bombs
The placing on the market of said tricks, jokes or objects containing these substances is similarly prohibited.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
10. Council Directive No. 83/264/EEC	Ammonium sulphide and Ammonium hydrogen sulphide CAS No. 12135-76-1 CAS No 12124-99-1	May not be used in tricks and jokes or in objects intended to be used as such, for instance as a constituent of sneezing powder and stink bombs
	Ammonium polysulphide CAS No. 12259-92-6	The placing on the market of said tricks, jokes or objects containing these substances is similarly prohibited.
11. Council Directive No. 83/264/EEC	Volatile esters of bromoacetic acids: Methyl bromoacetate CAS No. 96-32-2 Ethyl bromoacetate CAS No. 105-36-2 Propyl bromoacetate Butyl bromoacetate	May not be used in tricks and jokes or in objects intended to be used as such, for instance as a constituent of sneezing powder and stink bombs
	The placing on the market of said tricks, jokes or objects containing these substances is similarly prohibited.
12. Council Directive No. 89/677/EEC	2 - naphthylamine CAS No. 91-59-8 and its salts	May not be used in concentrations equal to or greater than 0.1% by weight in substances and preparations placed on the market.
		However, this provision shall not apply to waste containing one or more of these substances and covered by Council Directive No. 75/442/EEC and Council Directive No. 91/689/EEC.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
12. Council Directive No. 89/677/EEC	2 - naphthylamine CAS no. 91-59-8 and its salts (continued)	Such substances and preparations may not be placed on the market for sale to the general public. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations shall be legibly and indelibly marked as follows: "Restricted to professional users".
13. Council Directive No. 89/677/EEC	Benzidine CAS No. 92-87-5 and its salts	May not be used in concentrations equal to or greater than 0.1% by weight in substances and preparations placed on the market. However, this provision shall not apply to waste containing one or more of these substances and covered by Council Directive No. 75/442/EEC and Council Directive No. 91/689/EEC. Such substances and preparations may not be placed on the market for sale to the general public. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations shall be legibly and indelibly marked as follows: "Restricted to professional users"

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
14. Council Directive No. 89/677/EEC	4-nitrobiphenyl CAS No. 92-93-3	May not be used in concentrations equal to or greater than 0.1% by weight in substances and preparations placed on the market. However, this provision shall not apply to waste containing one or more of these substances and covered by Council Directive No. 75/442/EEC and Council Directive No. 91/689/EEC. Such substances and preparations may not be placed on the market for sale of the general public. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations shall be legibly and indelibly marked as follows: "Restricted to professional users".
15. Council Directive No. 89/677/EEC	4-aminobiphenyl CAS No 92-67-1 and its salts	May not be used in concentrations equal to or greater than 0.1% by weight in substances and preparations placed on the market. However, this provision shall not apply to waste containing one or more of these substances and covered by Council Directive No. 75/442/EEC and Council Directive No. 91/689/EEC.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
15. Council Directive No. 89/677/EEC	4-aminobiphenyl CAS No 92-67-1 and its salts (continued)	Such substances and preparations may not be placed on the market for sale to the general public. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations shall be legibly and indelibly marked as follows: "Restricted to professional users".
16. Council Directive No. 89/677/EEC	Lead carbons:	May not be used as substances and constituents of preparations intended for use as paints, except for the restoration and maintenance of works of art and historic buildings and their interiors, where the Authority wishes to authorise this, in accordance with the provisions of ILO Convention 13 on the use of white lead in paint.
16. Council Directive No. 89/677/EEC	-- neutral anhydrous carbonate Pb. Co₃ CAS No. 598-63-0
-- lead hydrocarbonate 2 Pb CO₃ Pb (OH)₂ CAS No. 1319-46-6
17. Council Directive No. 89/677/EEC	Lead sulphates PbSO₄(1 : 1) CAS No 7446-14-2 Pb_xSO₄ CAS No. 15739-80-7	May not be used as substances and constituents of preparations intended for use as paints, except for the restoration and maintenance of works of art and historic buildings and their interiors, where the Authority wishes to authorise this, in accordance with the provisions of ILO Convention 13 on the use of sulphates of lead in paint.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
18. Council Directive No 89/677/EEC	Mercury compounds	May not be used as substances and constituents of preparations intended for use:
		(a) to prevent the fouling by microorganisms, plants or animals of:
		-- the hulls of boats,
		-- cages, floats, nets and any other appliances or equipment used for fish or shellfish farming,
		-- any totally or partly submerged appliances or equipment.
		(b) in the preservation of wood;
		(c) in the impregnation of heavy-duty industrial textiles and yarn intended for their manufacture;
		(d) in the treatment of industrial waters, irrespective of their use.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
19. Council Directive No. 89/677/EEC	Arsenic compounds	1. May not be used as substances and constituents of preparations intended for use:
		(a) to prevent the fouling by micro-organisms, plants or animals of:
		-- the hulls of boats,
		-- cages, floats, nets and any other appliances or equipment used for fish or shell fish farming.
		-- in any totally or partly submerged appliances or equipment.
		(b) in the preservation of wood.
		In this case, the ban does not apply to solutions of inorganic salts of the CCA (copper - chromium - arsenic) type employed in industrial installations using vacuum or pressure to impregnate wood.
		In addition, the Minister, in consultation with the Minister for Agriculture and Food, may authorise the use of preparations of the DFA (dinitrophenol - fluoride - arsenic) type for the retreatment in situ of wooden poles are already in place and supporting overhead cables. Such preparations must be employed by professionals using vacuum or pressure.
		2. May not be used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
20. Council Directive No. 89/677/EEC	Organostannic compounds	1. May not be used as substances and constituents of preparations intended for use to prevent the fouling by micro-organisms, plants or animals of:
		(a) the hulls of boats of an overall length, as defined by ISO 8666, of less than 25 metres;
		(b) cages, floats, nets and any other appliances or equipment used for fish or shellfish farming;
		(c) any totally or partly submerged appliances or equipment.
		Such substances and preparations
		-- may be placed on the market only in packagings of a capacity equal to or greater than 20 litres,
		-- may not be placed on the market for sale to the general public but only to professional users.
		Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legible and indelibly marked as follows:
		"Not to be used on boats of an overall length of less than 25 metres or on any appliances or equipment used in fish or shellfish farming",
		"Restricted to professional users".
		2. May not be used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
21. Council Directive No. 89/677/EEC	Di-u-oxo-di-n- butylstanniohydroxy -borane (C₈H₁₉BO₃S_n, CAS No. 75113-37-0) (DBB)	Shall be prohibited in a concentration equal to or greater than 0.1% in substances and constituents of preparations placed on the market. However, this provision shall not apply to this substance (DBB) or preparations containing it if these are intended solely for conversion into finished products, among which this substance will no longer feature in a concentration equal to or greater than 0.1%.
22. Council Directive No. 91/173/EEC	Pentachlorophenol (CAS No. 87-86-5) and its salts and esters	Shall not be used in concentration equal to or greater than 0.1% by mass in substances or preparations placed on the market.
		By way of exception, this provision shall not apply to substances and preparations intended for the following uses (a), (b), (c), (d) in industrial installations not permitting the emission or discharge or both of pentachlorophenol (PCP) in quantities greater than those prescribed by existing legislation:

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
22. Council Directive No. 91/173/EEC	Pentachlorophenol (CAS No. 87-8-5) and its salts and esters (continued)	a) in the treatment of wood.
However, treated wood may not be used:
		-- inside buildings whether for decorative purposes or not whatever their purpose (residence, employment, leisure);
		-- for the manufacture of containers intended for growing purposes and any re-treatment and the manufacture of packaging which may come into contact with or other material which may contaminate raw, intermediate and/or finished food products intended for human or animal consumption or both and any retreatment;
		b) in the impregnation of fibres and heavy-duty textiles not intended in any case for clothing or for decorative furnishings;
		(c) as a synthesizing and/or processing agent in the industrial processes.
		(d) by way of special exception, the Minister, in consultation with the Minister of Agriculture and Food, may on case-by-case basis, authorise specialized professionals to carry out in situ and for buildings of cultural, artistic and historical interest, or in emergencies a remedial treatment of timber and masonry infected by dry rot fungus (Serpula lachrymans) and cubic rot fungi.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
22. Council Directive No. 91/173/EEC	Pentachlorophenol (CAS No. 87-86-5) and its salts and esters (continued)	In any case:
(a) Pentachlorophenol used alone or as a component of preparations employed within the framework of the above exceptions must have a total hexachlorodibenzoparadioxin (H₂CDD) content below four parts per million (ppm);
		(b) these substances and preparations may not:
		-- be placed on the market except in packages of 20 litres or more;
		-- be placed on the market for sale to the general public.
		Without prejudice to the implementation of other community provisions concerning the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations should be marked clearly and indelibly. "Reserved for industrial and professional use".
		This provision shall not apply to waste covered by Council Directive No. 75/442/EEC and Council Directive No. 91/689/EEC.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
23. Council Directive No. 91/338/EEC	Cadmium (CAS No. 7440-43-39) and its compounds	1.1. May not be used to give colour to finished products manufactured from the substances and preparations listed below.
		-- polyvinyl chloride (PVC) (3904 10) (3904 21) (3904 22)
		-- polyurethane (PUR) (3909 50)
		-- low-density polyethylene (ld PE), with the exception of low-density polyethylene used for the production of coloured masterbatch (3901 10)
		-- cellulose acetate (CA) (3912 11) (3912 12)
		-- cellulose acetate butyrate (CAB) [3912 11] [3912 12]
		-- epoxy resins [3907 30]
		In any case, whatever their use or intended final purpose, finished products or components of products manufactured from the substances and preparations listed above coloured with cadmium may not be placed on the market if their cadmium content [expressed as CD metal] exceeds 0.01% by mass of the plastic material.
		1.2 Section 1.1 also applies from 31 December 1995 for (a) finished products manufactured from the following substances and preparations:
		-- Melamine-formaldehyde (MF) resins [3909 20]
		-- Urea - formaldehyde (UF) resins [3909 10]

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
23. Council Directive No. 91/338/EEC	Cadmium (CAS No. 7440-43-9) and its compounds (continued)	- unsaturated polyesters (UP) [3907 91]
polythylene terephthalate (PET) [3907 60]
		polybutylene terephthalate (PBT)
		-- transparent/general purpose polysterene [3903 11] [3903 19]
		-- acrylonitrile methylmethacrylate (AMMA)
		-- cross-linked polyethylene (VPE)
		-- high-impact polystyrene
		-- polypropylene (PP) [3902 10]
		b) paints [3208] [3209]
		If the paints have a high zinc content, their residual concentration of cadmium must be as low as possible and at all events not exceed 0.1% by mass.
		1.3. Sections 1.1 and 1.2 do not apply to products to be coloured for safety reasons.
		2.1 May not be used to stabilize the finished products listed below manufactured from polymers or copolymers of vinyl chloride:
		-- packaging materials [bags, containers, bottles, lids] [3923 29 10] [3920 41] [3920 42]
		-- office or school supplies [3926 10]
		-- fittings for furniture, coachwork or the like [3926 30]

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
23. Council Directive No. 91/338/EEC	Cadmium (CAS No. 7440-43-9) and its compounds (continued)	-- articles of apparel and clothing accessories [including gloves] [3926 20]
		-- floor and wall coverings [3918 10]
		-- impregnated, coated, covered or laminated textile fabrics [5903 10]
		--imitation leather [4204]
		-- gramophone records [8524 10]
		-- tubes and pipes and their fittings [3917 23]
		-- swing doors
		-- vehicles for road transport [interior, exterior, underbody]
		-- coating of steel sheet used in construction or in industry
		-- insulation for electrical wiring
		In any case, whatever their use or intended final purpose, the placing on the market on or after 30 June, 1994 of the above finished product or components of products manufactured from polymers or copolymers of vinyl chloride, stabilised by substances containing cadmium is prohibited, if their cadmium content [expressed as Cd metal] exceeds 0.01% by mass of the polymer.
		2.2 However, Section 2.1 does not apply to finished products using cadmium-based stabilisers for safety reasons.
		3. In this Schedule "cadmium plating" means any deposit or coating of metallic cadmium on a metallic surface.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
23. Council Directive No. 91/338/EEC	Cadmium (CAS No. 7440-43-9) and its compounds (continued)	3.1 May not be used for cadmium plating metallic products or components of the products used in the sectors or applications listed bellow:
		(a) equipment and machinery for:
		- food production (8210) (8417 20) (8419 81) (8421 11) (8421 22) (8422) (8435) (8437) (8438) (8476 11)
		-agriculture (8419 31) (8424 81) (8432) (8433) (8434) (8436)
		-cooling and freezing (8418)
		-printing and book-binding (8440) (8442) (8443)
		(b) equipment and machinery for the production of:
		-household goods (7321) (8421 12) (8450) (8509) (8516)
		-furniture (8465) (8466) (9401) (9402) (9403) (9404)
		-sanitary ware (7324)
		-central heating and air conditioning plant (7322) (8403) (8404) (8415)
		In any case, whatever their use or intended final purpose, the placing on the market of cadmium plated products or components of such products used in any of the sectors or applications listed in (a) and (b) above and of products manufactured in the sectors listed in (b) above is prohibited.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
23. Council Directive No. 91/338/EEC	Cadmium (CAS No. 7440-43-9) and its compounds (continued)	3.2 The provisions referred to in Section 3.1 are also applicable from 30 June 1995 to cadmium-plated products or component of such products when used in any of the sectors or applications listed in (a) and (b) below and to products manufactured in the Sectors listed in (b) below:
		(a) equipment and machinery for the production of:
		-paper and board (8419 32) (8439) (8441)
		-textiles and clothing (8444) (8445) (8447) (8448) (8449) (8451) (8452)
		(b) equipment and machinery for the production of:
		-industrial handling equipment and machinery (8425) (8426) (8427) (8428) (8429) (8430) (8431)
		-road and agricultural vehicles (chapter 87)
		-rolling stock (chapter 86)
		-vessels (Chapter 89)
		3.3 Sections 3.1 and 3.2 do not apply to:
		-products and components of the products used in the aeronautical, aerospace, mining, offshore and nuclear sectors whose applications require high safety standards and in safety devices in road and agricultural vehicles, rolling stock and vessels,
		-electrical contacts in any sector of use, on account of the reliability required of the apparatus on which they are installed.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
24. Council Directive No. 91/339/EEC	Monomethyl- tetrachlorodiphenyl methane	As from 18 June, 1994 the marketing and use of this substance and of preparations and products containing it shall be prohibited. By way of exception this provision shall not apply:
	Trade Name Ugilec 141 CAS No: 76253-60-6
		1. in the case of plant and machinery already in service on 18 June 1994 until such plant and machinery is disposed of:
		However, as from 18 June 1994 the Authority may, on grounds of health protection and environmental protection, prohibit the use of such plant or machinery before it is disposed of.
		2. in the case of plant and machinery already in service on 18 June, 1994, from 18 June, 1994 and placing on the secondhand market of this substance, preparations containing this substance, and plant machinery containing this substance shall be prohibited.
25. Council Directive No. 91/339/EEC	Monomethyl-dichloro-diphenyl methane-	The marketing and use of this substance and of preparations and products containing it shall be prohibited.
	Trade Name: Ugilec 121, Ugilec 21 CAS No. - unknown
26. Council Directive No. 91/339/EEC	Monomethyl-dibromo-diphenyl methane-	The marketing and use of this substance and of preparations and products containing it shall be prohibited.
	Trade Name: DBBT CAS No. 99688-47-8

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
27. Council Directive No. 91/157/EEC	Alkaline manganese batteries for prolonged use in extreme conditions (e.g temperatures below 0° C or above 50° C exposed to shocks) containing more than 0.05% mercury by weight.	The marketing and use of said batteries shall be prohibited.
	Alkaline manganese button cells and batteries composed of button cells shall be exempt from this prohibition.
	All other alkaline manganese batteries containing more that 0.025% of mercury by weight.
28. Not currently applicable

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
29. Council Directive No. 94/60/EEC	Substances which appear in Annex I to Council Directive No. 67/548/EEC classified as carcinogen category 1 or carcinogen category 2 and labelled at least as "Toxic (T)" with risk phrase R45: "may cause cancer" or risk phrase R49: "may cause cancer by inhalation", and listed as follows:	Without prejudice to the provisions of points 1 to 28 of Annex I to Council Directive No. 76/769/EEC: may not be used in substances and preparations placed on the market for sale to the general public in individual concentration equal to or greater than:
	Carcinogen category 1.	-either the concentration specified in Annex I to Council Directive No. 67/548/EEC, or
	See List 1 in Schedule 3
	Carcinogen category 2.	-the concentration specified in point 6, Table VI, Annex I to Council Directive No. 88/379/EEC where no concentration limit appears in Annex I to Council Directive No. 67/548/EEC.
	See List 2 in Schedule 3
		Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users. Attention - Avoid exposure - obtain special instructions before use".

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
29. Council Directive No. 94/60/EEC	Substances which appear in Annex I to Council Directive No. 67/548/EEC classified as carcinogen category 1 or carcinogen category 2 and labelled at least as "Toxic (T)" which risk phrase R45: "may cause cancer" or risk phrase R49: "may cause cancer by inhalation", and listed as follows:	By way of derogation, this provision shall not apply to:
		(a) medicinal or veterinary products as defined by Council Directive No. 65/65/EEC;
	(b) cosmetic products as defined by Council Directive No. 76/768/EEC;
	Carcinogen category 1	(c) - motor fuels which are covered by Council Directive No. 85/210/EEC,
	See List 1 in Schedule 3
	Carcinogen category 2
	See List 2 in Schedule 3	- mineral oil products intended for use as fuel in mobile or fixed combustion plants,
	(continued)
		- fuels sold in closed systems (e.g. liquid gas bottles);
		(d) artists' paints covered by Directive 88/379/EEC.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
30. Council Directive No. 94/60/EEC	Substances which appear in Annex I to Council Directive No. 67/548/EEC classified as mutagen category 1 or mutagen category 2 and labelled with risk phrase R46: "May cause heritable genetic damage", and listed as follows:	Without prejudice to the provisions of points 1 to 28 of Annex I to Council Directive No. 76/769/EEC:
	may not be used in substances and preparations placed on the market for sale to the general public in individual concentration equal to or greater than:
	Mutagen category 1
	See List 3 in Schedule 3	-either the concentration specified in Annex I to Council Directive No. 67/548/EEC
	Mutagen category 2
	See List 4 in Schedule 3	-the concentration specified in point 6, Table VI, of Annex I to Council Directive No. 88/379/EEC where no concentration limit appears in Annex I to Council Directive No. 67/548/EEC.
		Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packagung of such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users. Attention - Avoid exposure - obtain special instructions before use".
		By way of derogation, this provision shall not apply to:
		(a) medicinal or veterinary products as defined by Council Directive No. 65/65/EEC;
		(b) cosmetic products as defined by Council Directive No. 76/768/EEC;

		(c) -motor fuels which are covered by Council Directive No. 85/210/EEC,
		- mineral oil products intended for use as fuel in mobile or fixed combustants,
		- fuels sold in closed systems (e.g. liquid gas bottles);
		(d) artists' paints covered by Council Directive No. 88/89/EEC.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
31. Council Directive No. 94/60/EEC.	Substances which appear in Annex I to Council Directive No. 67/548/EEC classified as toxic to reproduction category 1 or toxic to reproduction category 2 and labelled with risk phrase R60: "May impair fertility" and/or R61: "May cause harm to the unborn child", and listed as follows:	Without prejudice to the provisions of points 1 to 28 of Annex I to Council Directive No. 76/769/EEC: may not be used in substances and preparations placed on the market for sale to the general public in individual concentration equal to or greater than:
	Toxic to reproduction category 2 See List 6 in Schedule 3

		Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users. Attention - Avoid exposure - obtain special instructions before use".
31. Council Directive No. 94/60/EEC.	Substances which appear in Annex I to Council Directive No. 67/548/EEC classified as toxic to reproduction category 1 or toxic to reproduction category 2 and labelled with risk phrase R60: "May impair fertility" and/or R61: "May cause harm to the unborn child", and listed as follows:	By way of derogation, this provision shall not apply to:
		(a) medicinal or veterinary products as defined by Council Directive No. 65/65/EEC;
	(b) cosmetic products as defined by Council Directive No.

	Toxic to reproduction category 1	76/768/EEC;
	See List 5 in Schedule 3
	Toxic to reproduction category 2 See List 6 in Schedule 3	(c) - motor fuels which are covered by Council Directive No. 85/210/EEC.
	(continued)
		- mineral oil products intended for use as fuel in mobile or fixed combustion plants,

		- fuels sold in closed systems (e.g. liquid gas bottles);
		(d) artists' paints covered by Directive 88/379/EEC.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
32. Council Directive No. 94/60/EEC	Substances and preparations containing one or more of the following dangerous substances:	May not be used for wood treatment if they contain:
	(a) Creosote EINECS No. 232-287-5 CAS No. 8001-58-9	(a) benzo-a-pyrene at a concentration of greater than 0.005% by mass; or
	(b) Creosote oil EINECS No. 263-047-8 CAS No. 61789-28-4	(b) water extractable phenols at a concentration of greater than 3% by mass; or both (a) and (b).
	(c) Distillates (coal tar), naphthalene oils EINECS No. 283-484-8 CAS No. 84650-04-4
	Furthermore wood so treated may be placed on the market.
	(d) Creosote oil, acenaphthene fraction EINECS No. 292-605-3 CAS No. 90640-84-9	However by way of derogation: (i) Relating to the substances and preparations: these may be used for wood treatment in industrial installations if they contain:
	(e) Distillates (coal tar), upper EINECS No. 266-026-1 CAS No. 65996-91-0	(a) benzo-a-pyrene at a concentration of less than 0.05% by mass; and
	(f) Anthracene oil EINECS No. 292-602-7 CAS No. 90640-80-5	(b) water extractable phenols at a concentration of less than 3% by mass.
	(g) Tar Acids, coal, Crude EINECS No. 226-019-3 CAS No. 65996-85-2	Such substances and preparations:
	(h) Creosote, wood EINECS No. 232-4191-1 CAS No. 8021-39-4	- may be placed on the market only in packaging of a capacity equal to or greater than 200 litres,
	(i)Low temperature tar oil, alkaline EINECS No. 310-191-5 CAS No. 122384-78-5	- may not be sold to the general public.
32. Council Directive No. 94/60/EEC.	Substances and preparations containing one or more of the following dangerous substances:	Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations shall be legible and indelibly marked as follows: "For use in industrial installations only".
	(a) Creosote EINECS No. 232-287-5 CAS No. 8001-58-9
	(b) Creosote oil EINECS No. 263-047-8 CAS No. 61789-28-4

	(c) Distillates (coal tar), naphthalene oils EINECS No. 283-484-8 CAS No. 84650-04-4	(ii) Relating to wood treated according to (i) which is placed on the market for the first time: this is permitted for professional and industrial use only, e.g. on railways, in electric power transmission and telecommunications, for fencing and in harbours and waterways.
	(d) Creosote oil, acenaphthene fraction EINECS No. 292-605-3 CAS No. 90640-84-9
	(e) Distillates (coal tar), upper EINECS No. 266-026-1 CAS No. 65996-91-0
		However, such wood may not be used
	(f) Anthracene oil EINECS No. 292-602-7 CAS No. 90640-80-5	- inside buildings whether for
	(g) Tar Acids, coal, crude, EINECS No. 266-019-3 CAS No. 65996-85-2	decorative purposes or not, whatever their purpose (residence, employment, leisure)
	(h) Creosote, wood EINECS No. 232-419-1 CAS No. 8021-39-4	- for the manufacture of containers intended for growing purposes and any re-treatment and the manufacture of packaging which may come into contact with, or of other materials which may contaminate, raw, intermediate and/or finished products intended for human and/or animal consumption, and any re-treatment,
	(i) Low temperature tar oil, alkaline EINECS No. 310-191-5 CAS No. 122384-78-5
	(continued)
		- in playgrounds and in other outdoor places of public pleasure or in other situations where there is a risk that it may come into contact with skin.
32. Council Directive No. 94/60/EEC. Contd.	Substances and preparations containing one or more of the following dangerous substances:	(iii) Relating to old treated wood: the prohibition shall not apply where this is placed on the second-hand market. However, such wood may not be used:
	(a) Creosote EINECS No. 232-287-5 CAS No. 8001-58-9
	(b) Creosote oil EINECS No. 263-047-8 CAS No. 61789-28-4	- inside buildings whether for decorative purposes or not, whatever their purpose (residence, employment, leisure),
	(c) Distillates (coal tar), naphthalene oils EINECS No. 283-484-8 CAS No. 84650-04-4	- for the manufacture of containers intended for growing purposes and any re-treatment and the manufacture of packaging which may come into contact with, or of other materials which may contaminate, raw, intermediate and/or finished products intended for human and/or animal consumption, and any re-treatment,

	(d) Creosote oil, acenaphthene fraction EINECS No. 292-605-3 CAS No. 90640-84-9
	(e) Distillates (coal tar), upper EINECS No. 266-026-1 CAS No. 65996-91-0
	(f) Antracene oil EINECS No. 292-602-7 CAS No. 90640-80-5
	(g) Tar Acids, coal, Crude EINECS No. 266-019-3 CAS No. 65996-85-2	- in playgrounds and in other outdoor places of public pleasure.
	(h) Creosote, wood EINECS No. 232-419-1 CAS No. 8021-39-4
	(i) Low temperature tar oil, alkaline EINECS No. 310-191-5 CAS No. 122384-78-5
	(continued)

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
33. Council Directive No. 96/55/EEC	33. Chloroform CAS No. 67-66-3	May not be used in concentrations equal to or greater than 0.1% by weight in substances and preparations placed on the market for sale to the general public or for supply for use in diffusive applications such as in surface cleaning and cleaning of fabrics or both.
34. Council Directive No. 96/55/EEC	34. Carbon Tetrachloride CAS No. 56-23-5
35. Council Directive No. 96/55/EEC	35. 1, 1, 2 - Trichloroethane CAS No. 79-00-5
36. Council Directive No. 96/55/EEC	36. 1,1,2,2,-Tetrachloroethane CAS No. 79-34-5
37. Council Directive No. 96/55/EEC	37. 1, 1, 2, 2 - Tetrachloroethane CAS No. 630-20-6	Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations containing them in concentrations equal to or greater than 0.1% shall be legible and indelibly marked as follows:
38. Council Directive No. 96/55/EEC	38. Pentachloroethane CAS No. 76-01-7
39. Council Directive No. 96/55/EEC	39. 1, 1 - Dichloroethane CAS No. 75-35-4
40. Council Directive No. 96/55/EEC	40. 1, 1, 1 - Trichloroethane CAS No. 71-55-6
		"For use in industrial installations only".
		By way of derogation this provision shall not apply to:
		(a) medicinal or veterinary products as defined by Council Directive No. 65/65/EEC, as last amended by Council Directive No. 93/39/EEC;
		(b) cosmetic products as defined by Council Directive No. 76/768/EEC, as last amended by Council Directive No. 93/35/EEC.

(1)	(2)	(3)
Reference Number and Directive Number	Designation of the dangerous substance, of the groups of dangerous substances or of the dangerous preparation	Condition of restriction
41. Council Directive No. 97/16/EEC	Hexachloroethane EINECS No. 200-666-4 CAS No. 67-72-1	May not be used in the manufacturing or processing of non-ferrous metals
		By way of derogation, the Authority may authorise the use of hexachloroethane (HCE):
		- in non-integrated aluminium foundries producing specializing castings for applications requiring high quality and high safety standards and where consumption is less than 1,5 kg of HCE per day on average.
		- for grain refining in the production of the magnesium alloys A Z81, A Z91 and A Z92.

SECOND SCHEDULE

Regulation 6

PART A

Special provisions on the labelling of products containing asbestos

(1)	(2)
Reference Number and Directive Number	Designation of the Dangerous Substance, of the Groups of Dangerous Substances or of the Dangerous Preparation
Council Directive No. 8¾78/EEC	1. All products containing asbestos or the packaging thereof shall bear a label as follows:
Council Directive No. 85/467/EEC	(a) the label conforming to the specimen below shall be at least 5cm high (H) and 2.5cm. wide (W);
(b) it shall consists of two parts:
	- the top part (H¹= 40% H) shall include the letter `a' in white, on a black background,
	- the bottom part (H²= 60% H) shall include the standard wording in white or black both, on a red background, and shall be clearly legible;
	(c) if the product contains crocidolite, the words "contains asbestos" used in the standard wording shall be replaced by "contains crocidolite/blue asbestos".
	(d) the Authority may exclude from the provision of (c) products containing crocidolite intended to be placed on the market, however the labelling of these products must bear the wording "contains asbestos".
	White 'a' on a black background
	Standard wording in white and/or black or both on a red background
	(e) if labelling takes the form of direct printing on the products, a single colour contrasting with the background colour is sufficient.

Reference Number and Directive Number	Designation of the Dangerous Substance, of the Groups of Dangerous Substances or of the Dangerous Preparation
Council Directive No. 8¾78/EEC	2. The label mentioned in this Schedule shall be affixed in accordance with the following rules.
	(a) on each of the smallest units supplied;
	(b) if a product has asbestos-based components, it is sufficient for these components only to bear the label. The labelling may be dispensed with if smallness of size or unsuitability of packaging make it impossible for a label to be affixed to the component
	3. Labelling of packaged products containing asbestos.
	3.1 The following particulars shall appear on clearly legible and indelible labelling on the packaging of packaged products containing asbestos:
	(a) the symbol and relevant indications of danger in accordance with this Schedule:
	(b) safety instructions which must be selected in accordance with the particulars in this Schedule, to the extent that they are relevant for the particular product.
	Where additional safety information is provided on the packaging, this shall not weaken or contradict the particulars given in accordance with clauses (a) and (b) of this paragraph.
	3.2 Labelling in accordance with 3.1 shall be affected by means of:
	- a label firmly affixed to the packaging or
	- a label securely attached to the package, which may be a tie-on label, or
	- direct printing of the packaging.

Reference Number and Directive Number	Designation of the Dangerous Substance, of the Groups of Dangerous Substances or of the Dangerous Preparation
Council Directive No. 8¾78/EEC	3.3 Products containing asbestos and which are packaged only in loose plastic wrapping or the like shall be regarded as packaged in products and shall be labelled in accordance with paragraph 3.2. If products are separated from such packages and placed on the market unpackaged, each of the smallest units supplied shall be accompanied by a handout with labelling in accordance with paragraph 3.1.
	4. Labelling of unpackaged products containing asbestos.
	For unpackaged products containing asbestos, labelling in accordance with paragraph 3.1. shall be effected by means of:
	- a label firmly affixed to the product containing asbestos,
	- a label securely attached to such product, which may be a tie-on label,
	- direct printing on the products,
	or, if the above mentioned is not reasonably practicable because of smallness of size of the product, the unsuitable nature of the properties of the product or certain technical difficulties, by means of a hand-out with labelling in accordance with paragraph 3.1.
Council Directive No. 8¾78/EEC	5. Without prejudice to Community provisions on safety and hygiene at work, the label affixed to the product which may, in the context of its use, be processed or finished, shall be accompanied by any safety instructions which may be appropriate for the product concerned, and in particular by the following:
	- operate if possible out of doors or in a well-ventilated place,
	- preferably use hand tools or low-speed tools equipped, if necessary, with an appropriate dust-extraction facility. If high-speed tools are used, they should always be equipped with such a facility.
	- if possible, dampen before cutting or drilling,
	- dampen dust and place it in a properly closed receptacle and dispose of it safely.
	6. The labelling of any product intended for domestic use which is not covered by paragraph 5 and which is likely, during use, to release asbestos fibres should, if necessary, contain the following safety instruction: "replace when worn".
	7. The labelling shall be in the English language

PART B


Council Directive No. 85/467/EEC	Specific provisions relating to the labelling of products containing PCBs and PCTs
	1. Without prejudice to the provisions of other Directives relating to the labelling of dangerous substances and preparations, equipment and plant containing PCBs and PCTs shall display instructions concerning disposal and the maintenance and use of equipment and plant containing them.
	2. These instructions must be capable of being read horizontally when the object containing the PCBs or PCTs is installed in the normal way. The inscription must stand out clearly from its background.
	3. The inscription shall be in the English language

THIRD SCHEDULE

Regulation 6

Point 29 - Carcinogens
List 1, category 1 carcinogens
2 - naphthylamine; -naphthylamine	CAS	No	91-59998-8
biphenyl-4-ylamine; xenylamine; 4-aminobiphenyl	CAS	No	92-67-1
benzidine; 4,4'-diaminobiphenyl; biphenyl-4,4'-ylenediamine	CAS	No	92-87-5
chromium trioxide	CAS	No	1333-82-0
arsenic acid and its salts	CAS	No	-
arsenic pentoxide; arsenic trioxide	CAS	No	1303-28-2
diarsenic trioxide; arsenic trioxide	CAS	No	1327-53-3
abestos	CAS	No	132207-33-1
			132207-32-0
			12172-73-5
			77536-66-4
			77536-68-6
			77536-67-5
benzene	CAS	No	71-43-2
bis (chloromethyl) ether	CAS	No	542-88-1
chloromethyl methyl ether, chlorodimethyl ether	CAS	No	107-30-2
dinickel trioxide	CAS	No	1314-60-3
erionite	CAS	No	12510-42-8
nickel dioxide	CAS	No	12035-36-8
nickel monoxide	CAS	No	1313-99-1
nickel subsulphide	CAS	No	1235-72-2
nickel sulphide	CAS	No	16812-54-7
salts of 2 - naphthylamine	CAS	No	-
salts of biphenyl-4-ylamine; salts of xenylamine; salts of 4-aminobiphenyl	CAS	No	-
salts of benzidine	CAS	No	-
vinyl chloride, chloroethylene	CAS	No	75-01-4
zinc chromates including zinc potassium chromate	CAS	No	-

List 2, category 2 carcinogens

1-methyl-3-nitro-1-nitrosoguanidine	CAS No 70-25-7
1,2-dibromo-3-chloropropane	CAS No 96-12-8
1,2-dimethylhydrazine	CAS No 540-73-8
1,3-butadiene, buta-1,3-diene	CAS No 106-99-0
1,3-dichloro-2-propanol	CAS No 96-23-1
1,3-propanesultone	CAS No 1120-71-4
3-propanolide; 1,3-propiolactone	CAS No 57-57-8
1,4-dichlorobut-2-ene	CAS No 764-41-0
2-nitronaphthalene	CAS No 581-89-5
2-nitropropane	CAS No 79-46-9
2,2'-dichloro-4,4'-methylenedianiline; 4,4'-methylene bis (2-chloroaniline)	CAS No 101-14-4
2,2'-(nitrosamino)bisethanol	CAS No 1116-54-7
3,3'-dichlorobenzidine; 3,3'-dichlorobiphenyl-4,4'-ylenediamine	CAS No 91-94-1
3,3'-dimethoxybenzidine; o-dianisidine	CAS No 119-90-4
3,3'-dimethylbenzidine; o-tolidine	CAS No 119-93-7
4-aminoazobenzene	CAS No 60-09-3
4-amino-3-fluorophenol	CAS No 399-95-1
4-methyl-m-phenylenediamine	CAS No 95-80-7
4-nitrobiphenyl	CAS No 92-93-3
4,4'-methylenedi-o-toluidine	CAS No 838-88-0
4,4'-diaminodiphenylmethane; 4,4'-methylenedianiline	CAS No 101-77-9
5-nitroacenapthene	CAS No 602-87-9
4 -o-tolylazo-o-toluidine; 4-amino-2',3-dimethylazobenzene; fast gamet CBC base; AAT; o-aminoazotoluene	CAS No 97-56-3
disodium-(5[(4'-((2,6-hydroxy-3-((2-hydroxy-5-sulphophenyl) azo)phenyl)(1,1"-biphenyl)-4-yl)azo]salicylato(4-))cuprate(2-);Cl Direct Brown 95	CAS No 16071-86-6
cadmium oxide	CAS No 1306-19-0
Extracts (petroleum), heavy naphthenic distillate solvent	CAS No 64742-11-6
Extracts (petroleum), heavy paraffinic distillate solvent	CAS No 64742-04-7
Extracts (petroleum), light naphthenic distillate solvent	CAS No 64742-03-6
Extracts (petroleum), light paraffinic distillate solvent	CAS No 64742-05-8
Extracts (petroleum), light vacuum gas oil solvent	CAS No 91995-78-7
Hydrocarbons, C26-55-, arom rich	CAS No 97722-04-8
N,N-dimethylhydrazine	CAS No 57-14-7
acrylamide	CAS No 79-06-1
acrylonitrile	CAS No 107-13-1
α,α,α-tricholorotoluene; benzotrichloride	CAS No 98-07-7

benzo[a]anthracene	CAS No 56-55-3
benzo[a]pyrene; benzo[d,e,f]chrysene	CAS No 50-32-8
benzo[b]fluoranthene; benzo[e]acephenanthrylene	CAS No 205-99-2
benzo[j]fluoranthene	CAS No 205-82-3
benzo[k]fluoranthene	CAS No 207-08-9
beryllium	CAS No 7440-41-7
beryllium compounds with the exception of aluminium beryllium silicates	CAS No-
cadmium chloride	CAS No 10108-64-2
cadmium sulphate	CAS No 10124-36-4
cadmium chromate	CAS No 13765-19-0
captafol (ISO);	CAS No 2425-06-1
1, 2, 3, 6-tetrahydro-N-(1, 1, 2, 2-tetrachloroethylthio)phthalimide
carbodox (INN); methyl-3-(quinoxalin-2-ylmethylene)carbazate	CAS No 6804-07-5
1,4-dioxide; 2-(methoxycarbonylhydrazonomethyl)quinoxaline 1,4-dioxide
chromium III chromate; chromic chromate	CAS No 24613-89-6
diazomethane	CAS No 334-88-3
dibenz[a,h]anthracene	CAS No 53-70-3
diethyl sulphate	CAS No 64-67-5
dimethyl sulphate	CAS No 77-78-1
dimethylcarbomoyl chloride	CAS No 79-44-7
N-nitrosodimethylamine; dimethylnitrosamine	CAS No 62-75-9
dimethylsulfamoylchloride	CAS No 13360-57-1
1-chloro-2,3-epoxypropane; epichlorhydrin	CAS No 106-89-8
1,2-dichloroethane; ethylene dichloride	CAS No 107-06-2
ethylene oxide; oxirane	CAS No 75-21-8
ethyleneimine;aziridine	CAS No 151-56-4
hexachlorobenzene	CAS No 118-74-1
hexamethylphosphoric triamide; hexamethylphosphoramide	CAS No 680-31-9
hydrazine	CAS No 302-01-2
hydrazobenzene; 1,2-diphenylhydrazine	CAS No 122-66-7
methyl acrylamidomethoxyacetate (containing ≥ 0,1% acrylamide)	CAS No 77402-03-0
methyl-ONN-azoxymethyl acetaste; methyl azoxy methyl acetate	CAS No 592-62-1
nitrofen (ISO); 2,4-dichlorophenyl 4-nitrophenyl ether	CAS No 1836-75-5
nitrosodipropylamine	CAS No 621-64-7
2-methoxyaniline; o-anisidine	CAS No 90-04-0
potassium bromate	CAS No 7758-01-2
propylene oxide; 1,2-epoxypropane; methyloxirane	CAS No 75-56-9
o-toluidine	CAS No 95-53-4
2-methylaziridine; propyleneimine	CAS No 75-55-8
salts of 2,2-dichloro-4,4-methylenedianiline; salts of	CAS No-

4,4'-methylenebis(2-chloroaniline)
salts of 3,3'-dichlorobenzidine; salts of 3,3'-dichlorobiphenyl-4,4'-ylenediamine	CAS No-
salts of 3,3'-dimethoxybenzidine; salts of o-dianisidine	CAS No-
salts of 3,3'-dimethylbenzidine; salts of o-tolidine	CAS No-
strontium chromate	CAS No 7789-06-2
styrene oxide; (epoxyethyl)benzene; phenyloxirane	CAS No 96-09-3
sulfallate (ISO); 2-chlorallyl diethyldithiocarbamate	CAS No 95-06-7
thioacetamide	CAS No 62-55-5
urethane (INN); ethyl carbamate	CAS No 51-79-6

Point 30-Mutagens

List 3, category 1 mutagens

No substances classified in this category

List 4, category 2 mutagens

1,2-dibromo-3-chloropropane	CAS No 96-12-8
acrylamide	CAS No 79-06-1
benzo[a]pyrene; benzo[d,e,f]chrysene	CAS No 50-32-8
diethyl sulphate	CAS No 64-67-5
ethylene oxide; oxirane	CAS No 75-21-8
ehtyleneimine; aziridine	CAS No 151-56-4
hexamethylphosphoric triamide; hexamethylphosphoramide	CAS No 680-31-9
methyl acrylamidomethoxyacetate (containing ≥ 0,1% acrylamide	CAS No 77402-03-0

Point 31-Toxic for Reproduction

List 5, category 1 substances toxic for reproduction

lead hexafluorosilicate	CAS No 25808-74-6
lead acetate	CAS No 1335-32-6
lead alkyls	CAS No-
lead azide	CAS No 13424-46-9
lead chromate	CAS No 7758-97-6
lead compounds with the exception of those specified elsewhere in this Annex	CAS No-
lead di(acetate)	CAS No 301-04-2
lead 2,4,6-trinitroresorcinoxide; lead styphnate	CAS No 15245-44-0
lead(II)methanesulphonate	CAS No 17570-76-2
trilead bis(orthophosphate)	CAS No 7446-27-7
warfarin (*); 4-hydroxy-3-(3-oxo-1-phenylbutyl)coumarin	CAS No 81-81-2

List 6, category 2 substances toxic for reproduction

2-ethoxyethanol; ethylene glycol monoethyl ether	CAS No 110-80-5
2-ethylexyl 3,5-bis(1,1-dimethylethyl)-4-hydroxyphenyl methyl	CAS No 1335-32-6

thio acetate
2-methoxyethanol, ethylene glycol monomethyl ether	CAS No 109-86-4
benzo[a]pyrene; benzo[d,e,f]chrysene	CAS No 50-32-8
binapacryl (ISO); 2-sec-butyl-4,6-dinitrophenyl-3-methylcrononate	CAS No 485-31-4
N,N-dimethylformamide; dimethyl formamide	CAS No 68-12-2
dinoseb; 6-sec-butyl-2,4-dinitrophenol	CAS No 88-85-7
dinoterb; 2-tert-butyl-4,6-dinitrophenol	CAS No 1420-07-1
ethylene thiourea; imidazolidine-2-thione; 2-imidazoline-2-thiol	CAS No 96-45-7
2-ethoxyethylacetate; ethylglycol acetate	CAS No 111-15-9
methyl-ONN-azoxymethyl acetate; methyl azosy methyl acetate	CAS No 592-62-1
2-methoxyethyl acetate; methylglycol acetate	CAS No 110-49-6
nickel tetracarbonyl	CAS No 13463-39-3
nitrofen (ISO); 2,4-dichlorophenyl 4-nitrophenyl ether	CAS No 1836-75-6
salts and esters of dinoseb, with the exception of those specified elsewhere in this Appendix	CAS No-
salts and esters of dinoterb	CAS No-

GIVEN under my Official Seal, this 30 day of November, 1998

MARY HARNEY

Minister for Enterprise, Trade and Employment

EXPLANATORY NOTE

The purpose of these regulations is to implement Council Directive 76/769/EEC on the Marketing and Use of certain Dangerous Substances and Dangerous Preparations as amended by Directives 79/663/EEC, 82/806/EEC, 83/264/EEC, 8¾78/EEC, 85/467/EEC, 89/677/EEC, 91/173/EEC, 91/338/EEC, 91/339/EEC, 91/659/EEC, 94/60/EEC, 97/10/EC, 97/16/EC, and 97/64/EC. They also implement certain of the provisions of Directive 91/157/EEC, which restricts the marketing of alkaline manganese batteries containing more than a prescribed level of mercury.

These regulations give effect to the requirements of Directive 76/769/EEC together with the requirements of the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th and 11th Amendments of the Directive and the 2nd, 3rd and 4th Adaptations to Technical Progress of Annex 1 of the Directive. The Directive and these Amendments were previously implemented by a single set of regulations, S.I. No. 79 of 1994 , which are now revoked.

The regulations additionally give effect to the 14th and 15th Amendments to Directive 76/769/EEC and the 3rd Adaptations to Technical Progress of Annex 1 of that Directive. The additional requirements represented by these Amendments relate to the following restrictions:

(i) restrictions on the marketing to the general public of products containing carcinogenic and mutagenic substances and substances toxic for reproduction. Special labelling requirements for such products are also imposed.

(ii) restrictions on the use of substances and preparations containing creosote and/or related substances for wood treatment if they contain over a certain level of benzo-a-pyrene and/or water extractable phenols. Special labelling requirements for such products are imposed. The marketing of wood treated with such substances and preparations is also restricted.

(iii) restrictions on the marketing of products containing specified chlorinated solvents to the general public, as specified in points 32, 33, 34, 35, 36, 37, 38, 39 and 40 in Schedule 1 of the regulations. Special labelling requirements for such products are also imposed.

(iv) restrictions on the use of hexachloroethane in the manufacturing or processing of non-ferrous metals.

All of the current requirements of Directive 76/769/EEC, as amended, are contained in the consolidated text of these regulations.

The Regulations lay down the restrictions and conditions which must be observed in the Marketing and Use of the Substances and Preparations listed in the First Schedule to the Regulations and specify the powers available to Inspectors in the enforcement of these conditions. The Regulations also specify labelling provisions for products containing asbestos. The regulations are enforced by the National Authority for Occupational Safety and Health and, in relation to the restriction of certain biocidal products, by the Department of Agriculture and Food.

Irish Statutory Instruments

S.I. No. 462/1998 -- European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1998