The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015

Amendment of the Control of Substances Hazardous to Health Regulations 2002

12.—(1) The Control of Substances Hazardous to Health Regulations 2002(1) are amended as follows.

(2) In regulation 2(1)—

(a) for the definition of “carcinogen” substitute—

““carcinogen” means—

(a)

a substance or mixture which meets the criteria for classification as a category 1A or 1B carcinogen set out in Annex I to the CLP Regulation whether or not the substance or mixture would be required to be classified under the Regulation; or

(b)

a substance or mixture which is—

(i)

referred to in Schedule 1; or

(ii)

released by a process referred to in Schedule 1 and is a substance hazardous to health;”;

(b) omit the definition of “the CHIP Regulations”;

(c) for the definition of “the CLP Regulation” substitute—

““the CLP Regulation” means 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, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”;

(d) after the definition of “hazard” insert—

““hazard statement” has the meaning that it has in Article 2 of the CLP Regulation”;

(e) after the definition of “mine”, insert—

““mixture” means a mixture or solution composed or two or more substances;”;

(f) for the definition of “mutagen” substitute—

““mutagen” means a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to the CLP Regulation, whether or not the substance or mixture would be required to be classified under that Regulation;”;

(g) omit the definition of “preparation”;

(h) omit the definition of “risk phrase”; and

(i) in the definition of “substance hazardous to health”—

(i) for “preparation” substitute the word “mixture”; and

(ii) for paragraph (a), substitute—

“(a) which meets the criteria for classification as hazardous within any health hazard class laid down in the CLP Regulation whether or not the substance is classified under that Regulation;”.

(3) In regulation 7(7)(c)—

(a) in paragraph (i), for “risk phrase R45, R46 or R49” substitute “hazard statement H340, H350 or H350i”; and

(b) in paragraph (ii), for “risk phrase R42 or R42/43” substitute “hazard statement H334”.

(4) In Schedule 2, omit the definition of “medicinal product”.

(5) In Schedule 7—

(a) for “The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689)”, substitute “the CLP Regulation;”; and

(b) for “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 (S.I. 2007/1573)”, substitute “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348)”.

(1)

S.I. 2002/2677; amended by S.I. 2003/978, 2004/568, 2004/3386, 2007/1573 and 2009/716; there are other amending instruments but none is relevant.