Dangerous Substances (Amendment) (No. 2) Regulations, 2009

VER|JONI ELETTRONIKA

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,460, 31 ta’ Lulju, 2009

L.N. 215 of 2009

PRODUCT SAFETY ACT

(CAP. 427)

Dangerous Substances (Amendment) (No. 2) Regulations, 2009

IN exercise of the powers conferred by articles 38 to 40 of the

Product Safety Act, the Minister of Finance, the Economy and

Investment, on the advice of the Malta Standards Authority, has made

the following regulations:-

The title of these regulations is the Dangerous Substances Citation.

(Amendment) (No.2) Regulations, 2009, and they shall be read and

construed as one with the Dangerous Substances Regulations, S.L. 427.14

hereinafter referred to as "the principal regulations".

These regulations implement the provisions of Article 55 Scope.

of Regulation (EC) No.1272/2008 of the European Parliament and of

the Council of 16 December 2008 on the classification, labelling and

packaging of substances and mixtures, amending and repealing

Directives 67/548/EEC and 1999/45/EC, and amending Regulation

(EC) No. 1907/2006.

In regulation 3(1) of the principal regulations, in the Amends

definition "the Directive", immediately after item (xxxviii) thereof, regulation

the principal

regulations.

there shall be added the following new item

"(xxxix) Article 55(11) of Regulation (EC) 1272/2008 (OJ

L 353, 31.12.2008, p. 1–1355).".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a) for sub-regulation (3) thereof, there shall be

substituted the following

"(3) Where an entry containing the harmonized

classification and labelling for a particular substance has

been included in Part 3 of Annex VI to Regulation (EC) No

1272/2008 of the European Parliament and of the Council

of 16 December 2008 on classification, labelling and

packaging of substances and mixtures, the substance shall

be classified in accordance with that entry and paragraphs

1 and 2 shall not apply to the danger categories covered by

that entry."; and

VER|JONI ELETTRONIKA

(b)

sub-regulation (4) shall be deleted.

For regulation 7 of the principal regulations there shall be

substituted the following

'' Obligation to carry

Manufacturers, distributors and

out investigations.

importers of substances which appear in

the EINECS but for which no entry has

been included in Part 3 of Annex VI to

Regulation (EC) No 1272/2008 shall carry

out an investigation to make themselves

aware of the relevant and accessible data

which exist concerning the properties of

such substances. On the basis of this

information, they shall package and

provisionally label dangerous substances

according to the rules laid down in

Articles 22 to 25 of the Directive

Directive and the criteria in Annex VI to

the Directive.''.

6. Sub-regulation (2) of regulation 8 of the principal

regulations shall be deleted, and sub-regulation (1) thereof shall be

renumbered as the whole regulation.

7. In points (a), (c), (d), (e) and (f) of regulation 9(2) of the

principal regulations, for the words ''Annex I of the Directive'' there

shall be substituted the words ''Part 3 of Annex VI to Regulation (EC)

No 1272/2008''.

For sub-regulation (4) of regulation 10 of the principal

regulations there shall be substituted the following

''(4) The information required on the label under

regulation 11 shall stand out clearly from its background and

shall be of such size and spacing as to be easily read.''.

Immediately after regulation 14 of the principal

regulations there shall be added the following new regulation

'' Transitional provision

Regulations 8 to 11 shall not

regarding labelling and

apply to substances from the 1 st of

packaging

of

December, 2010.''.

substances.

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