Dangerous Substances and Preparations (Restrictions)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,112, 10 ta’ Awissu, 2007

L.N. 224 of 2007

PRODUCT SAFETY ACT

(CAP. 427)

Dangerous Substances and Preparations (Restrictions)

(Amendment) Regulations, 2007

IN exercise of the powers conferred by article 39 of the Product

Safety Act, the Minister for Competitiveness and Communications has,

on the advice of the Malta Standards Authority, made the following

regulations>-

The title of these regulations is the Dangerous Substances and Citation.

Preparations (Restrictions) (Amendment) Regulations, 2007, and they

shall be read and construed as one with the Dangerous Substances and

Preparations (Restrictions) Regulations, 2003, hereinafter referred to L.N. 346 of 2003.

as “the principal regulations”.

(1) These regulations shall enter into force by 30 th September Commencement and

Scope.

2007. (2) These regulations implement the provisions of Directive

2006#139#EC of the European Parliament and of the Council of 20 th

December, 2006.

For the First Schedule to the principal regulations, point 20 Amends

Schedule to the

shall be substituted as follows>

principal

regulations.

1. Shall not be placed on the market or used

“20.

as substances and constituents of preparations

Arsenic

intended for use to prevent the fouling by micro-

Compounds

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<

2. Shall not be placed on the market or used

as substances and constituents of preparations

intended for use in the treatment of industrial waters,

irrespective of their use.

3. Shall not be used in the preservation of

wood. Furthermore, wood so treated shall not be

placed on the market<

However, by way of derogation>

(a) Relating to the substances and

preparations for the preservation of wood> these

may only be used in industrial installations using

vacuum or pressure to impregnate wood if they are

solutions of inorganic compounds of the copper,

chromium, arsenic (CCA) type C and if they are

authorised in accordance with Article 5(1) of

Directive 98#8#EC. Wood so treated shall not be

placed on the market before fixation of the

preservative is completed.

(b) Wood treated with CCA solutions in

industrial installations according to point (a) may

be placed on the market for professional and

industrial use provided that the structural integrity

of the wood is required for human or livestock

safety and skin contact by the general public during

its service life is unlikely>

— as structural timber in public and

agricultural buildings, office buildings, and

industrial premises,

— in bridges and bridgework,

— as constructional timber in freshwater areas

and brackish waters e.g. jetties and bridges,

— as noise barriers,

— in avalanche control,

— in highway safety fencing and barriers,

— as debarked round conifer livestock fence

posts,

— in earth retaining structures,

— as electric power transmission and

telecommunications poles,

— as underground railway sleepers.

(c) Without prejudice to the application of

other Community provisions on the classification,

packaging and labelling of dangerous substances

and preparations, all treated wood placed on the

market shall be individually labelled “For

professional and industrial installation and use only,

contains arsenic”. In addition, all wood placed on

the market in packs shall also bear a label stating

“Wear gloves when handling this wood. Wear a

dust mask and eye protection when cutting or

otherwise crafting this wood. Waste from this wood

shall be treated as hazardous by an authorised

undertaking”.

(d) Treated wood referred to under point (a)

shall not be used>

— in residential or domestic constructions,

whatever the purpose,

— in any application where there is a risk of

repeated skin contact,

— in marine waters,

— for agricultural purposes other than for

livestock fence posts and structural uses in

accordance with point (b),

— in any application where the treated wood

may come into contact with intermediate or finished

products intended for human and#or animal

consumption.

Wood treated with arsenic compounds

that was in use in the Community before 30

September 2007, or that was placed on the market

in accordance with the rules of these regulations

may remain in place and continue to be used until

it reaches the end of its service life.

Wood treated with CCA type C that was

in use in the Community before 30 September 2007,

or that was placed on the market in accordance with

the rules of these regulations>

— may be used or reused subject to the

conditions pertaining to its use listed under point

4(b), (c) and (d),

— may be placed on the second hand market

subject to the conditions pertaining to its use listed

under point 4(b), (c) and (d).

Member States may allow wood treated

with other types of CCA solutions that was in use

in the Community before 30 September 2007>

— to be used or reused subject to the

conditions pertaining to its use listed under point 4

(b), (c) and (d),

— to be placed on the second hand market

subject to the conditions pertaining to its use listed

under point 4(b), (c) and (d).”.

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Lm0.08 (€0.19)