(This note is not part of the Regulations.)
These Regulations give effect to European Parliament and Council Directive 2003/11/EC on pentabromodiphenyl ether and octabromodiphenyl ether (“the restricted substances”), which amends for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations.
Regulation 3 sets out exclusions to the restrictions on the placing on the market and use of dangerous substances and preparations under the Regulations.
Regulation 4(1)(a) prohibits the placing on the market of either of the restricted substances as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. Regulation 4(1)(b) prohibits the placing on the market of any articles which contain either of the restricted substances in concentrations higher than 0.1% by mass. Regulation 4(1)(c) prohibits the placing on the market of any articles which include any flame retardant parts which contain either of the restricted substances in concentrations higher than 0.1% by mass. The use of the restricted substances in concentrations higher than 0.1% by mass is also prohibited (regulation 4(2)).
Regulation 5 makes it an offence to contravene regulation 4 and specifies the penalties for such an offence.
Copies of the Directive may be obtained from the Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.