(This note is not part of the Regulations)
These Regulations give effect to European Parliament and Council Directive 2002/45/EC which amended for the twentieth time Council Directive 76/769/EEC 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. They also give effect to European Commission Directive 2003/2/EC relating to restrictions on the marketing and use of arsenic (tenth adaptation to technical progress to Council Directive 76/769/EEC). They revoke the Environmental Protection (Controls on Hexachloroethane) Regulations 2003, S.I. 2003/602 and re-enact the prohibition contained in those Regulations. These Regulations extend to Great Britain.
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 prohibits the placing on the market from 6th January 2004 of short chain chlorinated paraffins in concentrations greater than 1% for use in metalworking or for fat liquoring of leather.
Regulation 5 prohibits, from 30 June 2004, the use of arsenic compounds as substances or constituents of preparations intended for use: (i) to prevent the fouling of certain aquatic structures and equipment by micro-organisms, plants or animals; (ii) in the preservation of wood; and (iii) in the treatment of industrial waters. The placing on the market of wood treated with substances or preparations containing arsenic compounds is also prohibited.
Regulation 6 contains derogations to the restrictions in regulation 5, such that inorganic compounds of the copper, chromium, arsenic (CCA) type C may be used as substances and preparations in the preservation of wood in industrial installations using vacuum or pressure to impregnate wood. Wood so treated may not be placed on the market before fixation of the preservative is completed. Wood treated with CCA solutions in industrial installations may be placed on the market for professional and industrial uses specified in regulation 6(3) and subject to conditions specified in regulations 6(6) and (7). The restrictions on the use of wood treated with CCA solutions in regulation 6(4) do not apply to wood in place before 30 June 2004.
Regulation 7 prohibits, from 6th January 2003, the use of hexachloroethane in the manufacturing or processing of non-ferrous metals. This re-enacts a prohibition in S.I. 2003/602, which entered into force on 30th June 2003.
Regulation 8 makes it a criminal offence to contravene regulations 4, 5, 6 or 7 and specifies the penalties for such an offence.
Regulation 9 amends regulation 5 of the Environmental Protection (Controls on Injurious Substances) Regulations 1992, S.I. 1992/31 and revokes the Environmental Protection (Controls on Hexachloroethane) Regulations 2003, S.I. 2003/602.
A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business and a Transposition Note in relation to these Regulations have been prepared and placed in the library of each House of Parliament. Copies of either of these documents can be obtained from Defra, Chemicals and GM Policy Division, Ashdown House, 123 Victoria Street, London SW1E 6DE.
