S.I. No. 852/2004 - European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2004

1. May not be placed on the market or used as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1 % by mass.

2. Articles may not be placed on the market if they, or flame-retarded parts thereof, contain this substance in concentrations higher than 0.1 % by mass.

SCHEDULE C

Regulation 3

(1)(

c

)

3. By way of derogation, until 31 March 2006 paragraphs 1 and 2 shall not apply to aircraft emergency evacuation systems.

4. Not later than 11 September 2005, the Commission shall, in the light of new scientific knowledge, review the provisions on azocolourants.

28. Directive No. 94/27/EC of the European Parliament and of the Council and Commission Directive 2004/96/EC

Nickel and its compounds CAS No. 7440-0-20 EINECS No. 231-111-4

The provisions at points 1, 2 and 3 below shall apply as follows:—

(

a

) From 20 July 2000 no manufacturer or importer may place on the market products which fail to comply with those provisions, and

(

b

) From 20 July 2001 products which fail to comply with those provisions may not be sold or made available to the final consumer unless they have been placed on the market before 20 January 2000.

Nickel and its compounds may not be used

43. Commission Directive No. 2003/3/EC and Commission Directive No. 2004/21/EC

Azocolourants (See lists of aromatic amines and azodyes in Schedule D to these Regulations.)

44. Directive No. 2003/11/EC of the European Parliament and of the Council and Commission Directive 2004/98/EC

diphenylether, pentabromo derivative C

12

H

5

Br

5

O

45. Directive No. 2003/11/EC of the European Parliament and of the Council

diphenylether, octabromo derivative C

12

H

2

Br

8

O

46. Directive No. 2003/53/EC of the European Parliament and of the Council

(1) Nonylphenol C

6

H

4

(OH)C

9

H

19

(2) Nonylphenol ethoxylate (C

2

H

4

O)

n

C

15

H

24

O

May not be placed on the market or used as a substance or constituent of preparations in concentrations equal or higher than 0.1 % by mass for the following purposes

(1) industrial and institutional cleaning except

— controlled closed dry cleaning systems where the washing liquid is recycled or incinerated,

— cleaning systems with special treatment where the washing liquid is recycled or incinerated;

(2) domestic cleaning;

(3) textiles and leather processing except

— processing with no release into waste water,

— systems with special treatment where the process water is pretreated to remove the organic fraction completely prior to biological waste water treatment (degreasing of sheepskin);

(4) emulsifier in agricultural teat dips;

(5) metal working except

— uses in controlled closed systems where the washing liquid is recycled or incinerated;

(6) manufacturing of pulp and paper;

(7) cosmetic products;

(8) other personal care products except

— spermicides;

(9) co-formulants in pesticides and biocides.

47. Directive No. 2003/53/EC of the European Parliament and of the Council

Cement

(1) Cement and cement-containing preparations may not be used or placed on the market, if they contain, when hydrated, more than 0.0002 % soluble chromium VI of the total dry weight of the cement.

(2) If reducing agents are used, then without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of cement or cement-containing preparations shall be legibly and indelibly marked with information on the packing date, as well as on the storage conditions and the storage period appropriate to maintaining the activity of the reducing agent and to keeping the content of soluble chromium VI below the limit indicated in paragraph (1).

(3) By way of derogation, paragraphs (1) and (2) shall not apply to the placing on the market for, and use in, controlled closed and totally automated processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin.

SCHEDULE D

Regulation 3(2)

Point 43 (of Schedule 1) — Azocolourants

List of aromatic names

CAS number

Index number

EC number

Substances

1

92-67-1

612-072-00-6

202-177-1

biphenyl-4-ylamine

4-aminobiphenyl

xenylamine

2

92-87-5

612-042-00-2

202-199-1

benzidine

3

95-69-2

202-441-6

4-chloro-o-toluidine

4

91-59-8

612-022-00-3

202-080-4

2-naphthylamine

5

97-56-3

611-006-00-3

202-591-2

o-aminoazotoluene

4-amino-2',3-dimethylazobenzene

4-o-tolylazo-o-toluidine

6

99-55-8

202-765-8

5-nitro-o-toluidine

7

106-47-8

612-137-00-9

203-401-0

4-chloroaniline

8

615-05-4

210-406-1

4-methoxy-m-phenylenediamine

9

101-77-9

612-051-00-1

202-974-4

4,4'-methylenedianiline

4,4'-diaminodiphenylmethane

10

91-94-1

612-068-00-4

202-109-0

3,3'-dichlorobenzidine

3,3'-dichlorobiphenyl-4,4'-ylenediamine

11

119-90-4

612-036-00-X

204-355-4

3,3'-dimethoxybenzidine

o-dianisidine

12

119-93-7

612-041-00-7

204-358-0

3,3'-dimethylbenzidine

4,4'-bi-o-toluidine

13

838-88-0

612-085-00-7

212-658-8

4,4'-methylenedi-o-toluidine

14

120-71-8

204-419-1

6-methoxy-m-toluidine

p-cresidine

15

101-14-4

612-078-00-9

202-918-9

4,4'-methylene-bis-(2-chloro-aniline)

2,2'-dichloro-4,4'-methylene-dianiline

16

101-80-4

202-977-0

4,4'-oxydianiline

17

139-65-1

205-370-9

4,4'-thiodianiline

18

95-53-4

612-091-00-X

202-429-0

o-toluidine

2-aminotoluene

19

95-80-7

612-099-00-3

202-453-1

4-methyl-m-phenylenediamine

20

137-17-7

205-282-0

2,4,5-trimethylaniline

21

90-04-0

612-035-00-4

201-963-1

o-anisidine

2-methoxyaniline

22

60-09-3

611-008-00-4

200-453-6

4-amino azobenzene

List of azodyes

CAS number

Index number

EC number

Substances

1

Not allocated

Component 1

CAS-No.: 118685-33-9

C

39

H

23

CICrN

7

O

12

S.2Na

611-070-00-2

405-665-4

A mixture of: disodium (6-(4-anisidino)-3-sulfonato-2-(3,5-dinitro-2-oxidophenylazo)—

1-naphtholato)(1-(5-chloro-2-oxidophenylazo)—

2-naphtholato)chromate(1-);

Component 2: C

46

H

30

CrN

10

O

20

S2.3Na

trisodium bis(6-(4-anisidino)-3-sulfonato-2-(3,5-dinitro-2-oxidophenylazo)-1-naphtholato)chromate(1-)

List of testing methods

European Standardisation Organisation (*)

Reference and title of the standard

Reference document

Reference of the superseded standard

CEN

Leather — Chemical tests — Determination of certain azo colourants in dyed leathers

CEN ISO/TS

17234:2003

NONE

CEN

Textiles — Methods for the determination of certain aromatic amines derived from azo colourants — Part 1: Detection of the use of certain azo colourants accessible without extraction

EN 14362-1:2003

NONE

CEN

Textiles — Methods for determination of certain aromatic amines derived from azo colourants — Part 2: Detection of the use of certain azo colourants accessible by extracting the fibres

EN 14362-2:2003

NONE

(*) ESO: European Standardisation Organisations

CEN: rue de Stassart 36, B-1050 Bruxelles; tel. (32-2) 550 08 11, fax: (32-2) 550 08 19. http://www.cenorm.be

CENELEC: rue de Stassart 35, B-1050 Bruxelles; tel. (32-2) 519 68 71, fax: (32-2) 519 69 19. http://www.cenelec.org

ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis; tel. (33) 492 94 42 00, fax: (33) 493 65 47 16.

http://www.etsi.org'

GIVEN under my Official Seal, 15th December 2004.

MICHEÁL MARTIN

Minister for Enterprise Trade and Employment.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation)

.

These Regulations amend Schedules 1 and 3 to the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 2003 (

S.I. No. 220 of 2003

), as previously amended by the European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2003 (

S.I. No. 503 of 2003

).

The new Regulations transpose—

(i) Directive 2003/53/EC of the European Parliament and of the Council of 18 June 2003, which amends for the 26

th

time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement),

(ii) Commission Directive 2004/21/EC of 24 February 2004, relating to restrictions on the marketing and use of “azo colourants” (thirteenth adaptation to technical progress of Council Directive 76/769/EEC),

(iii) Commission Directive 2004/96/EC of 27 September 2004 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of nickel for piercing post assemblies for the purpose of adapting its Annex I to technical progress,

(iv) Commission Directive 2004/98/EC of 30 September 2004 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of pentabromodiphenyl ether in aircraft emergency evacuation systems for the purpose of adapting its Annex I to technical progress, and

(v) replace certain provisions of and retranspose other provisions of Commission Directive 2003/3/EC of 6 January 2003.

Directive 2004/96/EC is transposed through Regulation 3(1)(

a

) and Schedule A to these Regulations, which come into operation from 1 September 2005.

Directive 2004/21/EC is transposed through Regulation 3(1)(

b

) and (2), Schedule B, reference number 43, third column, point 1, and Schedule D, “Listing of testing methods”, to these Regulations, which come into operation on 31 December 2004.

Directive 2003/53/EC is transposed through Regulation 3(1)(

c

) and Schedule C, to these Regulations, which come into operation on 17 January 2005.

The other provisions of Schedule B (third column, points 2 to 4) and Schedule D (“List of aromatic amines” and “List of azodyes”), to these Regulations, retranspose relevant provisions of Directive 2003/3/EC, which were first transposed through

S.I. No. 503 of 2003

.

Directive 2004/98/EC is transposed through Regulation 3(1)(

b

) and Schedule B to these Regulations, reference number 44, third column, point 3, which come into operation from 31 December 2004. Points 1 and 2 of the third column at reference number 44 retranspose relevant provisions of Directive 2003/11/EC, which were first transposed through

S.I. No. 503 of 2003

.

Reference number 45 of Schedule B to these Regulations retransposes relevant provisions of Directive 2003/11/EC, which were first transposed through

S.I. No. 503 of 2003

.

1

O.J. No. L 262, 27.9.1976, p.201

2

O.J. No. L 4, 9.1.2003, p.12

3

O.J. No. L 178, 17.7.2003, p.24

4

O.J. No. L 57, 25.2.2004, p.4

5

O.J. No. L 301, 28.9.2004, p. 51

6

O.J. No. L 305, 1.10.2004, p.63

1

O.J. No. L 262, 27.9.1976, p. 201

2

O.J. No. L 4, 9.1.2003, p. 12

3

O.J. No. L 178, 17.7.2003, p. 24

4

O.J. No. L 57, 25.2.2004, p. 4

5

O.J. No. L 301, 28.9.2004, p. 51

6

O.J. No. L 305, 1.10.2004, p. 63

I, MICHEÁL MARTIN, 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 further effect to Council Directive 76/769/EEC of 27 July 1976

1

as amended by Commission Directive 2003/3/EC of 6 January 2003

2

, Directive 2003/53/EC of the European Parliament and of the Council of 18 June 2003

3

, Commission Directive 2004/21/EC of 24 February 2004

4

, Commission Directive 2004/96/EC of 27 September 2004

5

and Commission Directive 2004/98/EC of 30 September 2004

6

, hereby make the following regulations