The Controls on Dangerous Substances and Preparations Regulations 2006

PART 2 Matters outside the scope of, and exceptions to, the restriction in regulation 3

Matters outside the scope of the restriction in regulation 3

4.  Regulation 3(1) does not apply to—

(a) the carriage of dangerous substances and preparations by rail, road, inland waterway, sea or air;

(b) dangerous substances and preparations exported to a country which is not a Member State of the European Community, or to Norway, Iceland or Liechtenstein;

(c) substances and preparations in transit and subject to customs inspection, provided that they undergo no processing;

(d) marketing or use for research and development or analysis purposes.

Leaded paint

5.—(1) A person may market leaded paint if it is marketed with a view to its use as set out in paragraph (2).

(2) Subject to paragraph (3), a person may use leaded paint if the paint is used in the restoration or maintenance of—

(a) historic buildings or their interiors;

(b) scheduled monuments; or

(c) fine or decorative works of art,

where it is required to restore or maintain historic textures or finishes.

(3) A person who intends to use leaded paint shall—

(a) where he intends to obtain the paint from a person who supplies such paint, provide to that person a relevant declaration; or

(b) in any other case, provide to the competent body a relevant declaration and comply with paragraph (6).

(4) A person may supply leaded paint if he complies with paragraph (5).

(5) A person who receives a relevant declaration pursuant to paragraph (3)(a) and agrees to supply leaded paint to the intended user stated in the declaration—

(a) shall send the declaration to the competent body with a notification; and

(b) shall not supply the paint—

(i) earlier than 3 weeks after providing the relevant declaration and notification to the competent body; or

(ii) if he receives a notice under paragraph (7)(a) from the competent body.

(6) A person who provides a relevant declaration under paragraph (3)(b) shall not use the paint—

(a) earlier than 3 weeks after providing the relevant declaration to the competent body; or

(b) if he receives a notice under paragraph (7)(a) from the competent body.

(7) If a competent body is not satisfied with the content of a relevant declaration or notification, it shall—

(a) within 2 weeks of receipt, give notice to that effect in writing to the person from whom it was received with reasons for its decision; and

(b) as soon as possible, provide a copy of that notice to the enforcing authority.

(8) For the purposes of this regulation—

“competent body” means—

(a)

English Heritage if the historic building, scheduled monument or work of art is in England;

(b)

Cadw if the historic building, scheduled monument or work of art is in Wales;

(c)

the Scottish Ministers if the historic building, scheduled monument or work of art is in Scotland;

(d)

the Department of the Environment if the historic building, scheduled monument or work of art is in Northern Ireland;

“historic building” means—

(a)

in relation to England and Wales, a listed building within the meaning of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990(1) which is classified as Grade I or Grade II (starred);

(b)

in relation to Scotland, a listed building within the meaning of section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(2) which is classified as category A;

(c)

in relation to Northern Ireland, a listed building within the meaning of article 42(7) of the Planning (Northern Ireland) Order 1991(3);

“leaded paint” means paint containing lead carbons or lead sulphates listed in column 2 of Schedule 1 against point numbers 17 and 18;

“notification” means a written notification that contains the matters in Part 2 of Schedule 2;

“relevant declaration” means a written declaration that contains the matters in Part 1 of Schedule 2;

“scheduled monument” has the same meaning—

(a)

in England, Wales and Scotland, as it has in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979(4);

(b)

in Northern Ireland, as it has in article 3(2) of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995(5).

PCP

6.—(1) PCP may be—

(a) placed on the market if the provisions of paragraph (2) or (3) are satisfied; and

(b) used if the provisions of paragraph (4) or (5) are satisfied.

(2) The placing on the market of PCP intended for use alone or as a component of preparations is permitted if it is approved—

(a) under regulation 5(1) of the Control of Pesticides Regulations 1986(6); or

(b) under regulation 5(1) of the Control of Pesticides Regulations (Northern Ireland) 1987(7),

and takes place in accordance with such approval.

(3) Until 31st December 2008, any substance that contains PCP may be placed on the market if it has a total H₆CDD content below 2 parts per million and that substance—

(a) is intended solely for the uses permitted under paragraph (4) or (5);

(b) is placed on the market in packages of 20 litres or more marked clearly and indelibly with the words, “Reserved for industrial and professional use”;

(c) is not sold to the general public; and

(d) is not waste to which either of which the following Directives (as amended on the date these Regulations are made) apply—

(i) Directive 2006/12/EC of the European Parliament and of the Council(8);

(ii) Council Directive 91/689/EEC(9).

(4) The use of PCP alone or as a component of preparations is permitted if that use is approved—

(a) under regulation 5(1) of the Control of Pesticides Regulations 1986; or

(b) under regulation 5(1) of the Control of Pesticides Regulations (Northern Ireland) 1987,

and takes place in accordance with such approval.

(5) Until 31st December 2008, any substance or preparation that contains PCP may be used in industrial installations—

(a) in the treatment of wood except that any wood so treated may not be used—

(i) inside buildings, whether for decorative purposes or not, and whatever the purpose of the building; or

(ii) for the manufacture and re-treatment of—

(aa) containers intended for growing purposes;

(bb) packaging that may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption; or

(cc) other materials that may contaminate the products referred to in sub-paragraphs (aa) and (bb);

or

(b) for the impregnation of fibres or heavy duty textiles if such material—

(i) is not intended for clothing or for decorative furnishings; and

(ii) has a total H₆CDD content below 2 parts per million.

(6) For the purposes of this regulation—

“H₆CDD” means all the isomers of hexachlorodibenzoparadioxin;

“PCP” means pentachlorophenol and its salts and esters.

Nonylphenol and nonylphenol ethoxylate

7.—(1) Nonylphenol and nonylphenol ethoxylate may be placed on the market or used as part of a pesticide or biocide product if, and to the extent which, the placing on the market or use of the pesticide or biocide is authorised by a relevant approval.

(2) In this regulation—

“nonylphenol” means nonylphenol C₆ H₄ (OH)C₉ H_19;

“nonylphenol ethoxylate” means nonylphenol ethoxylate (C₂ H₄ O)_n C₁₅ H₂₄ O;

“relevant approval” means an approval granted before 17th July 2003 which is valid under—

(a)

the Control of Pesticides Regulations 1986;

(b)

the Control of Pesticides Regulations (Northern Ireland) 1987;

(c)

the Plant Protection Products Regulations 2005(10); or

(d)

the Plant Protection Products Regulations (Northern Ireland) 2005(11).

(1)

1990 c.9.

(2)

1997 c.9.

(3)

S.I.1999/1220 (N.I.11).

(4)

1979 c.46.

(5)

S.I.1995/1625 (N.I.9).

(6)

S.I. 1986/1510 as amended by S.I. 1997/188 and S.I. 2001/880.

(7)

S.R.1987 No.414 as amended by article 21(3) of the Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991 (S.R. 1991 No.203), the Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997 (S.R. 1997 No.469) and regulation 42 of the Biocidal Products Regulations (Northern Ireland) 2001 (S.R. 2001 No.422).

(8)

OJ L114, 27.4.2006, p.9.

(9)

OJ L377, 31.12.1991, p.20. Council Directive 91/689/EEC has been amended by Council Directive 94/31/EC (OJ L168, 2.7.1994, p.28) and Regulation (EC) 166/2006 of the European Parliament and of the Council (OJ L33, 4.2.2006, p.1).

(10)

S.I. 2005/1435.

(11)

S.R. 2005 No.526.