Dangerous Substances and Preparations (Restrictions)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,136, 16 ta’ Ottubru, 2007

L.N. 301 of 2007

PRODUCT SAFETY ACT

(CAP. 427)

Dangerous Substances and Preparations (Restrictions)

(Amendment) (No. 2) 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

regulation>-

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

Preparations (Restrictions) (Amendment) Regulations, 2007, and they L.N. 346 of 2003.

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

Preparations (Restrictions) Regulations, 2003, hereinafter referred to

as “the principal regulations”.

These regulations implement the provisions of Directive Commencement and

Scope.

2006#122#EC of the European Parliament and of the Council of 12 th

December, 2006, and shall enter into force on 27 th June 2008.

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

Schedule to the

following point shall be added>

principal

regulations.

(1) May not be placed on the market or used as a

“52.

Perfluorooc-

substance or constituent of preparations in a concentration

tane

equal to or higher than 0,005 % by mass.

sulfonates

(PFOS)

C 8 F 17 SO 2 X

(X = OH,

(2) May not be placed on the market in semi-finished

Metal salt

products or articles, or parts thereof, if the concentration of

(O-M+),

halide,

PFOS is equal to or higher than 0,1 %by mass calculated with

amide, and

reference to the mass of structurally or microstructurally distinct

other

derivatives

parts that contain PFOS or, for textiles or other coated materials,

including

if the amount of PFOS is equal to or higher than 1µg#m 2 of

polymers)

the coated material.

(3) By way f derogation, paragraphs 1 and 2 shall not

apply to the following items, nor to substances and

preparations needed to produce them>

(a) photoresists or anti reflective coatings for

photolithography processes,

(b) photographic coatings applied to films, papers,

or printing plates,

(c) mist suppressants for non-decorative hard

chromium (VI) plating and wetting agents for use in

controlled electroplating systems where the amount of

PFOS released into the environment is minimised, by fully

applying relevant best available techniques developed

within the framework of Council Directive 96#61#EC of

24 September 1996 concerning integrated pollution

prevention and control (*),

(d) hydraulic fluids for aviation.

(4) By way of derogation from paragraph 1, fire-

fighting foams that have been placed on the market before 27

December 2006 can be used until 27 June 2011.

(5) Paragraphs 1 and 2 shall apply without prejudice

to Regulation (EC) No 648#2004 of the European Parliament

and of the Council of 31 March 2004 on detergents (**).

(6) Not later than 27 December 2008 Member States

shall establish and communicate to the Commission an

inventory that covers>

(a) processes that are subject to derogation in

paragraph 3(c) and the amounts of PFOS used in and

released from them,

(b) existing stocks of fire-fighting foams

containing PFOS.

(7) As soon as new information on details of uses and

safer alternative substances or technologies for the uses

(*) OJ L257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No

166#2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p.

(**) OJ L104, 8.4.2004, p. 1. Regulation as amended by Commission Regulation

(EC) No 907#2006 (OJ L 168, 21.6.2006, p. 5).”.

becomes available, the Commission shall review each of the

derogations in paragraph 3(a) to (d) so that>

(a) the uses of PFOS will be phased out as soon

as the use of safer alternatives is technically and

economically feasible,

(b) a derogation can only be continued for

essential uses for which safer alternatives do not exist

and where the efforts undertaken to find safer alternatives

have been reported on,

(c) releases of PFOS into the environment have

been minimised, by applying best available techniques.

(8) The Commission shall keep under review the

ongoing risk assessment activities and the availability of safer

alternative substances or technologies related to the uses of

perfluorooctanoic acid (PFOA) and related substances and

propose all necessary measures to reduce identified risks,

including restrictions on marketing and use, in particular when

safer alternative substances or technologies, that are technically

and economically feasible, are available.

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