The Dangerous Substances and Preparations (Safety) (Consolidation) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Order)

These Regulations implement European Parliament and Council Directives 2003/34/EC (O.J. No. L156, 25.6.03, p.14) and 2003/36/EC (O.J. No. L156, 25.6.03, p.26). These Directives amend (for the 23rd and 25th times) the Appendix to Annex I to Council Directive 76/769/EEC (O.J. No. L262, 27.9.76, p.201) on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations. The Appendix lists substances considered to be carcinogenic, mutagenic or toxic to reproduction.

Council Directive 76/769/EEC (as amended) is implemented in part by the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 (S.I. 1994/2844) (“the Principal Regulations”). Schedule 2 to the Principal Regulations is amended by these Regulations which insert or delete as appropriate the substances listed in the annexes to Council Directives 2003/34/EC and 2003/36/EC.

Schedule 2 to the Principal Regulations contains references to Annex I (or 1) to Directive 67/548/EEC (O.J. L196, 16.8.1967, p.1). These references are amended to refer instead to the “approved supply list” which implements Annex I to that Directive and is defined in the Principal Regulations by reference to the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (SI 1994/3247) and the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 60). These have now been superseded by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (SI 2002/1689) and by the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301).

Regulation 8(4) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 provides that the substances listed in Schedule 2 to the Principal Regulations should be labelled in accordance with that regulation (8(4)). Regulation 8(4) of Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 operates in the same way. The amendments to Schedule 2 made by these Regulations will therefore amend the list of substances to which the respective regulations 8(4) apply.

A full regulatory impact assessment of the effect that this instrument will have on costs to business is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET.