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

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, 83/478/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.

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. 83/478/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

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 (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 (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.

— 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.

(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

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

S

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 (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 (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. 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. 7440-43-9) 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

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)" 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

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. 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. 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. Carbon Tetrachloride CAS No. 56-23-5

35. 1, 1, 2 - Trichloroethane CAS No. 79-00-5

36. 1,1,2,2,-Tetrachloroethane CAS No. 79-34-5

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. Pentachloroethane CAS No. 76-01-7

39. 1, 1 - Dichloroethane CAS No. 75-35-4

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. 83/478/EEC

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. 83/478/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. L231/20 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