S.I. No. 79/1994 - European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1994.

1. Without prejudice to the provisions of other Directives relating to the labelling of dangerous substances and preparations, equipment and plant containing PCBs or 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.

GIVEN under my Official Seal, this 6th day of April, 1994.

RUAIRÍ QUINN,

Minister for Enterprise 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 Preparations as amended by Directives 79/663/EEC, 82/806/EEC, 82/828/EEC, 83/264/EEC, 83/478/EEC, 85/467/EEC, 85/610/EEC, 89/677/EEC, 91/173/EEC, 91/338/EEC and 91/339/EEC and adapted to technical progress by Commission Directive 91/659/EEC.

These Regulations both implement the requirements imposed by Directives 89/677/EEC, 91/173/EEC, 91/338/EEC, 91/339/EEC and 91/659/EEC and also consoidate into a single text seven existing sets of Regulations which previously gave effect to the first seven amendments to Directive 76/769/EEC. As a result of this consolidation the following regulations are revoked

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 (S.I. 382 of 1979); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981 (S.I. 149 of 1981); Industrial Research and Standards (Section 44) (Children's Toys) Order, 1985 (S.I. 44 of 1985); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1985 (S.I. 244 of 1985); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1986 (S.I. 47 of 1986); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1987 (S. l. 204 of 1987); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1988 (S.I. 294 of 1988).

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.

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 proprties of the product or certain technical difficulties, by means of a hand-out with labelling in accordance with paragraph 3.1.

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.

(16)

O.J. No. L85, 05.04.1983, p34.

PART B

Council Directive No. 85/467/EEC

Specific provisions relating to the labelling of products containing PCBs and PCTs

8. Commission Directive No. 91/659/EEC

(11)

8.1 Crocidolite,

8.1 The placing on the market and use of these fibres and of products containing these fibres intentionally added is prohibited.

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

8.2 Chrysotile,

8.2 The placing on the market and the use of products containing this fibre is prohibited for

CAS No. 12001-29-5

(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. By way of derogation, this prohibition will not apply to filters for medicinal use until after 31st December 1994;

(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/cm

3

);

(k) air filters and filters in transport distribution and utilization of natural gas and town gas;

(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 31st 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 No. 83/264/EEC

Soap bark powder (Quillaja saponaria) and its derivatives containing saponines. Powder of the roots Helleborus varieties and Helleborus niger.

May not be used in jokes or hoaxes or in objects intended to be used as such, for instance as a constituent of sneezing powder and stink bombs.

Powder of the roots or Veratrum nigrum or Vertrum album. Benzidine and/or its derivatives orthonitrobenzaldehyde CAS No. 552-89-6. Wood powder.

The placing on the market of said tricks, jokes or objects containing these substances is similarly prohibited.

10. Council Directive No. 83/264/EEC

Ammonium sulphide and Ammonium hydrogen sulphide

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.

CAS No. 12135-76-1

CAS No. 12124-99-1

Ammonium polysulphide

The placing on the market of said tricks, jokes or objects containing these substances is similarly prohibited.

CAS No. 12259-92-6

Methyl bromoacetate

CAS No. 96-32-2

Ethyl bromoacetate

CAS No. 105-36-2

Propyl bromoacetate

The placing on the market of said tricks, jokes or objects containing these substances is similarly prohibited.

Butyl bromoacetate

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. 78/319/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".

13. Council Directive No. 89/677/EEC

Benzidine

CAS No. 92-87-5 and

May not be used in concentrations equal to or its salts 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. 78/319/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".

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. 78/319/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".

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. 78/319/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".

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.

— neutral anhydrous carbonate PB CO

3

, CAS No. 598-63-0

— lead

hydrocarbonate 2 Pb CO

3

Pb (OH)

2

CAS No. 1319-46-6

17. Council Directive No. 89/677/EEC

Lead sulphates PBSO

4

(1:1)

CAS No. 7446-14-2 Pb

x

SO

4

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.

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 micro-organisms, 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.

19. Council Directive No. 89/677/EEC

Arsenic compounds

20. Council Directive No, 89/677/EEC

Organostannic compounds

21. Council Directive No. 89/677/EEC

Di-u-oxo-di-n butylstanniohydroxy -borane C

8

H

19

BO

3

Sn

(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(12)

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 or industrial installations (a), (b), (c), (d), not permitting the emmission or discharge or both of pentachlorophenol (PCP) in quantities greater than those prescribed by existing legislation

(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 and/or animal consumption and any re-treatment

(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 for Agriculture, Food and Forestry, may on a 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 lacrymans) and cubic rot fungi.

These exceptions shall be re-examined in the light of developments in knowledge and techniques not later than 1st July, 1995.

In any case

(a) Pentachlorophenol used alone or as a component of preparations employed with the framework of the above excptions must have a total hexachlordibenzopardi oxin (H

2

CDD) 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. 78/319/EEC.

23. Council Directive No. 91/338/EEC

(13)

Cadmium (CAS No. 7440-43-9) 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 (LDPE),

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

— unsaturated polyesters (UP) [3907 91]

— polyethylene terephthalate (PET) [3907 60]

— polybutylene terephthalate (PBT)

— transparent/general purpose polystyrene [3903 11] [3903 19]

— acrylonitrile methymethacrylate (AMMA)

— cross-linked polyethylene (VPE)

— high-impact polystyrene

— polypropylene (PP) [3902 10]

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]

— 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.

24. Council Directive 91/339/EEC

(14)

Monomethyl-tetrachlorodiphenyl methane Trade name Ugilec 141

CAS No. 76253-60-6

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

25. Council Directive No. 91/339/EEC

Monomethyl — dichloro — diphenyl methane — Trade name: Ugilec 121, Ugilec 21 CAS No. — unknown

The marketing and use of this substance and of preparations and products containing it shall be prohibited.

26. Council Directive No. 91/339/EEC

Monomethyl — dibromo — diphenyl methane — Trade name: DBBT CAS No. 99688-47-8

The marketing and use of this substance and of preparations and products containing it shall be prohibited.

27. Council Directive No. 91/157/EEC

(15)

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. All other alkaline manganese batteries containing more than 0.025% of 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.

(2)

O.J. No. L398, 30.12.1989, p19.

(3)

O.J. No. L269, 11.10.1985, p56.

(4)

O.J. No. L196, 16.08.1979, p37.

(5)

O.J. No. L197, 08.08.1979, p37.

(6)

O.J. No. L147, 06.06.1983, p9.

(7)

O.J. No. L339, 01.02.1982, p55.

(8)

O.J. No. L96, 08.04.1985, p25.

(9)

O.J. No. L194, 25.07.1975, p29.

(10)

O.J. No. L84, 31.03.1978, p43.

(11)

O.J. No. L3633, 31.12.1991, p36.

(12)

O.J. No. L15, 05.04.1991, p34.

(13)

O.J. No. L186, 12.07.1991, p59.

(14)

O.J. No. L186, 12.07.1991, p59.

(15)

O.J. No. L78, 18.03.1991, p38.

SCHEDULE 2

Regulation 5

PART A

Special provisions on the labelling of products containing asbestos

Reference Number and Directive Number

Designations of the Dangerous Substance, of the Groups of Dangerous Substances or of the Dangerous Preparation

Council Directive No. 83/478/EEC

(16)

I, RUAIRÍ QUINN, Minister for Enterprise 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 76/769/EEC of 27 July, 1976

(1)

, as amended, hereby make the following Regulations

1 ..

1.

These Regulations may be cited as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1994.

2 Interpretation.

2.

(1) In these Regulations—

"inspector" means

(

a

) a person authorised by the Authority under

section 33

of the

Safety, Health and Welfare at Work Act, 1989

(No. 7 of 1989);

(

b

) in relation to Regulation 6, a person authorised by the Minister in consultation with the Minister for Agriculture, Food and Forestry;

"the Minister" means the Minister for Enterprise and Employment;

"Authority" means the National Authority for Occupational Safety and Health as established by

Section 15

(1) of the

Safety, Health and Welfare at Work Act, 1989

.

(2) A word or expression in these Regulations which is used in Council Directive 76/769/EEC has the same meaning in these Regulations as in that Directive.

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

(1)

O.J. No. L262, 27.9.1976, p201.

3 ..

3.

Except as otherwise provided, these Regulations do 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,

(

c

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

4 ..

4.

The conditions of restriction imposed by these Regulations and specified in column (3) of Schedule 1 do not apply to marketing or use for research and development or analysis purposes.

5 ..

5.

(1) A dangerous substance, group of dangerous substances or dangerous preparation described in column (2) of Schedule 1 opposite a reference number in column (1) of that Schedule, being a dangerous substance, group of dangerous substances or dangerous preparation the subject-matter of the Council Directive mentioned in the said column (1) at that reference number, shall only be placed on the market or used subject to the conditions of restriction specified in column (3) of that Schedule opposite that reference number, and any provisions in the said column (3) (not being a condition) shall apply in relation to the dangerous substance, group of dangerous substances or dangerous preparation described in the said column (2) at the relevant reference number.

(2) The provisions of Schedule 2 apply as specified to the labelling of products mentioned in Schedule 1.

6 ..

6.

(1) Subject to paragraph (2), a restriction imposed by these Regulations in respect of a dangerous substance, group of dangerous substances or dangerous preparation described in column (2) of Schedule 1 to these Regulations opposite reference numbers 18 mercury compounds, 19 arsenic compounds, 20 organostannic compounds, and 22 Pentachlorophenol and its salts and esters, shall be enforced by a person as defined in Regulation 2 (1) (

b

).

(2) Paragraph (1) shall not apply to a mercury compound in a dangerous preparation intended for the use referred to in clause (

c

) of column (3) opposite reference number 18 in Schedule 1. A restriction imposed under this clause shall be enforced by a person as defined in Regulation 2 (1) (

a

).

7 ..

7.

(1) An inspector may—

(

a

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

(

b

) be accompanied by a member of the Garda Síochána if he has reasonable cause to apprehend any obstruction in the execution of his duty;

(

c

) in cases where he enters any structure, premises or other land, pursuant to this Regulation—

(i) require the person whom he considers to him to be in charge of the structure, premises or other land, to produce any dangerous substance or dangerous preparation which is in such person's possession or under his control,

(ii) require such person, or any person employed in or on such structure, premises or other land, to produce any books, records or other documents which relate to transactions concerning any dangerous substance or dangerous preparation and which are in his possession or under his control, and

(iii) inspect any dangerous substance or dangerous preparation and any book, record or document produced in pursuance of a requirement under this Regulation, and, if he thinks fit, copy any entry in such book record or document;

(

d

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

(

e

) where, in the course of exercising a power conferred on him by this paragraph, he finds anything he reasonably believes to be a dangerous substance or dangerous preparation in or on any structure, premises or other land, require the person whom he considers to be in charge or control of such dangerous substance or dangerous preparation to give him such information as it is in his knowledge, power or procurement to give as to who is the owner of the dangerous substance or dangerous preparation;

(

f

) examine anything which he reasonably believes to be a dangerous substance or dangerous preparation which he finds in the course of an inspection pursuant to this Regulation;

(

g

) where he has reasonable cause to believe that at or on any structure, premises or other land, a contravention of these Regulations has been or is being committed, use force where necessary in order to enter the structure, premises or other land, provided he is so authorised by a warrant of a Judge of the District Court assigned to the district in which such structure, premises or other land is situated (which such Judge is hereby authorised to issue upon reasonable ground being assigned on oath), or, if it appears to him to be a case of emergency and that the delay in obtaining a warrant would be likely to endanger life, without being so authorised; and

(

h

) for the purpose of any examination or inquiry under this Regulation, require any person whom he finds on any such structure, premises or other land, to answer, in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present, such questions as the inspector thinks fit to ask, provided that any answer given by a person in pursuance of a requirement imposed under this paragraph shall not be admissible without his consent in any proceedings.

(2) Where an inspector in the course of exercising a power conferred on him by paragraph (1) finds anything which he reasonably believes to be a dangerous substance or a dangerous preparation, 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 then under any such person's control and 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 pursuant to Regulation 9.

(3) 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 conferred on him by a paragraph (1) (

a

), 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.

8 ..

8.

(1) An inspector may, at any time after informing either the owner of a substance or dangerous preparation found by him in the course of exercising a power conferred on him by Regulation 7 or a person who appears to him to be in charge or control of, or to have other responsibilities as regards such dangerous substance or dangerous preparation, take for analysis sufficient samples of the dangerous substance or dangerous preparation if he reasonably believes the dangerous substance or dangerous preparation to be either a dangerous substance or a dangerous preparation and if the dangerous substance or dangerous preparation is one in relation to which he reasonably suspects a contravention of any of these Regulations.

(2) The owner or other person referred to in paragraph (1) may, at the time when a sample is being taken under this Regulation and on supplying the necessary appliances, require the inspector to divide the 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 him one part,

(

b

) to retain one part for further comparison, and

(

c

) to submit one part for analysis,

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 approved of for the purposes of this Regulation by the Authority.

(3) A certificate purporting 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 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 admissible as evidence of the matters stated therein unless the contrary is proven.

(4) 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 owner of the relevant dangerous substance or dangerous preparation (at the time when the sample was taken) or the Authority the results of an analysis made under this Regulation.

9 ..

9.

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

10 ..

10.

(1) A person who contravenes Regulation 5(1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both.

(2) Any person who—

(

a

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

(

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 £1,000 or imprisonment for a term not exceeding 12 months or both.

11 ..

11.

In any proceedings for an offence under 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 marketed or used for research and development or analysis purposes or that such dangerous substance or dangerous preparation was not intended to be so used, and the onus of proving that such dangerous substance or dangerous preparation was so used or was intended to be so used shall be on the person against whom the proceedings are instituted.

12 ..

12.

The following regulations are hereby revoked

European Communities (Dangerous Substances and Dangerous Preparations) (Marketing and Use) Regulations, 1979 (

S.I. No. 382 of 1979

);

European Communities (Dangerous Substances and Dangerous Preparations) (Marketing and Use) Regulations, 1981 (

S.I. No. 149 of 1981

);

Industrial Research and Standard (Section 44) (Children's Toys) Order, 1985 (

S.I. No. 44 of 1985

);

European Communities (Dangerous Substances and Dangerous Preparations) (Marketing and Use) Regulations, 1985 (

S.I. No. 244 of 1985

);

European Communities (Dangerous Substances and Dangerous Preparations) (Marketing and Use) Regulations, 1986 (

S.I. No. 47 of 1986

);

European Communities (Dangerous Substances and Dangerous Preparations) (Marketing and Use) Regulations, 1987 (

S.I. No. 204 of 1987

);

European Communities (Dangerous Substances and Dangerous Preparations) (Marketing and Use) Regulations, 1988 (

S.I. No. 294 of 1988

).

SCHEDULE 1.

Regulations 4 and 5.

Reference Number and Directive Number.

Designation of the Dangerous Substance, of the Groups of Dangerous Substances or of the DangerousPreparation.

Conditions of Restriction.

(1)

(2)

(3)