These Regulations were signed by Micheal Martin, Minister for Enterprise, Trade and Employment, on 26 February 2007 and came into operation from 1 March 2007.
The Regulations amend Schedules 3, 4 and 7 to the European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations, 2004 (S.I. No. 62 of 2004).
The Regulations transpose Commission Directive 2006/8/EC of 23 January 2006 which amends Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations. Directive 1999/45/EC is transposed into Irish law by the 2004 Regulations (S.I. No 62 of 2004) (the “Principal Regulations”).
The aim of these Regulations is to protect human health and the environment from the harmful effects of dangerous preparations. The Regulations require each manufacturer, importer or distributor of a dangerous preparation to classify and label it according to its inherent hazards and to provide safety data sheets.
The Regulations introduce a number of amendments to the Principal Regulations as follows -
(i) The classification of preparations containing Carcinogens, Mutagens and Reprotoxins (CMR's) is amended so that, where previously a preparation would have to be classified and labelled with both Category 1 or 2 and Category 3 R-phrases, they will now only be classified and labelled with the highest relevant category. This is to prevent conflicting messages on labels for users.
(ii) The classification of preparations containing substances classified as very toxic to the aquatic environment is amended, to resolve differences in the way that substances with specific concentration limits in Annex I to Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances are classified compared to self-classified substances.
(iii) Changes are introduced to classifications for preparations containing substances dangerous to the ozone layer in that the symbol “N” is now required for substances classified as “R59 (Dangerous for the ozone layer)”.
(iv) The terminology in Schedule 7 to the Principal Regulations regarding “Special Provisions Concerning the Labelling of Certain Preparations” is replaced to make it more consistent and accurate.
Schedules A and B to the Regulations amend Schedule 3 to the European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 (S.I. No. 62 of 2004); Schedules C, D and E to these Regulations amend Schedule 4 to the 2004 Regulations and Schedule F to these Regulations sets out a replacement Schedule 7 to the 2004 Regulations.