S.I. No. 382/1979 - European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979.

1. Use in the following closed system electrical equipment, namely, transformers, resistors and inductors.

Polychlorinated terphenyls (PCT)

2. Use in electrical condensers which are not less than 1kg. (2.20 lbs) in total weight.

Preparation with a PCB or PCT content higher than 0.1% by weight.

3. Use in electrical condensers which are less than 1 kg in total weight; 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.

4. Use as heat-transmitting fluids in closed-circuit heat-transfer installations (other than installations used for processing food-stuffs or feedingstuffs, or pharmaceutical or veterinary products).

5. Use as hydraulic fluid in any underground mining equipment.

6. Use as primary or intermediate products for further processing into other products in relation to which the use of a dangerous substance or dangerous preparation is not prohibited by these Regulations.

GIVEN under my Official Seal, this 30th day of November, 1979.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations limit the marketing and use of polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs) and ban the use of monomer vinyl chloride as an aerosol propellant.

7. The Minister shall furnish an inspector with a certificate of his appointment and when exercising any powers conferred by these Regulations, the inspector shall, if requested by any person affected, produce the certificate to that person.

8. (1) An offence under these Regulations may be prosecuted by the Minister.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within one year after the date of the offence.

9. (1) A person who contravenes Regulation 3 or 4 (1) 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 contravenes Regulation 6 (4) of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £300.

(3) Any person who—

(

a

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

(

b

) fails to comply with a requisition made by an inspector under these Regulations,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

10. In any proceedings for an offence under these Regulations and in which it is alleged that there was a contravention of Regulation 3 or 4 (1) of these Regulations it shall not be necessary to prove either of the following, namely, that the dangerous substance or dangerous preparation to which the alleged offence relates was not used for any analysis or test or in the course of any research, development or other scientific purpose or that such substance or preparation was not intended to be so used and the onus of proving that such substance or preparation was so used or was intended to be so used shall be on the person against whom the proceedings are instituted.

SCHEDULE.

(1)

(2)

Dangerous substance or preparation

Permitted uses

Polychlorinated biphenyls (PCB) except mono—and dichlorinated biphenyls

S.I. No. 382 of 1979.

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MARKETING AND USE) REGULATIONS, 1979.

I, GENE FITZGERALD, 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. 76/769/ EEC of 27 July, 1976, hereby make the following Regulations