Legislation  A Definition

European Communities (Dangerous Substances and Preparations)(Marketing and Use)(Amendment) Regulations 2007 (S.I. No. 746 of 2007)

See below for an unofficial copy of the regulations

These Regulations were signed by the Minister on 8 November 2007.

These Regulations amend Schedule 1 to the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 2003 (S.I. No. 220 of 2003), as last previously amended by the European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2006 (S.I. No. 364 of 2006).

The Regulations transpose—

(i) Commission Directive 2006/139/EC of 20 December 2006 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of arsenic compounds for the purpose of adapting its Annex I to technical progress, and

(ii) Directive 2006/122/EC of the European Parliament and of the Council of 12 December 2006 amending for the 30th 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 (perfluorooctane sulfonates).

As far as Commission Directive 2006/139/EC is concerned—

In accordance with Regulation 3(1)(a) and Schedule A, which come into operation on the making of the Regulations, the Regulations clarify the rules concerning wood treated with arsenic compounds, as earlier EU provisions did not adequately distinguish between the first placing on the market and the reuse of such wood. Reference is also made to the Biocides Directive 98/8/EC indicating that arsenic compounds may only be used if they are authorised in accordance with Article 5(1) of Directive 98/8/EC.

Wood treated with arsenic compounds that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with the rules of these Regulations may remain in place and continue to be used until it reaches the end of its service life.

Wood treated with CCA type C that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with these Regulations—

(a) may be used or reused subject to the conditions pertaining to its use listed under point 4(b), (c) and (d) of Schedule A to the Regulations,

(b) may be placed on the second hand market subject to the conditions pertaining to its use listed under point 4(b), (c) and (d) of Schedule A to the Regulations.

Wood treated with other types of CCA solutions that was in use in the Community before 30 September 2007—

(a) may be used or reused subject to the conditions pertaining to its use

listed under point 4(b), (c) and (d) of Schedule A to the Regulations,

(b) may be placed on the second hand market subject to the conditions pertaining to its use listed under point 4(b), (c) and (d) of Schedule A to the Regulations.

As far as Directive 2006/122/EC is concerned—

In accordance with Regulation 3(1)(b) and Schedule B, under the Regulations, from 27 June 2008, perfluorooctane sulfonates (PFOS) may not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0.005% by mass, but fire-fighting foams that have been placed on the market before 27 December 2006 can be used until 27 June 2011.

In addition, PFOS may not be placed on the market in semi-finished products or articles, or parts thereof, if the concentration of PFOS is equal to or higher than 0.1% by mass calculated with reference to the mass of structurally or microstructurally distinct parts that contain PFOS or, for textiles or other coated materials, if the amount of PFOS is equal to or higher than 1 µg/m2 of the coated material.

The above restrictions shall not apply to the following items, nor to substances and preparations needed to produce them—

(a) photoresists or anti reflective coatings for photolithography processes,

(b) photographic coatings applied to films, papers, or printing plates,

(c) mist suppressants for non-decorative hard chromium (VI) plating and wetting agents for use in controlled electroplating systems where the amount of PFOS released into the environment is minimised, by fully applying relevant best available techniques developed within the framework of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control,

(d) hydraulic fluids for aviation.

European Communities (Dangerous Substances and Preparations)(Marketing and Use)(Amendment) Regulations 2007 (S.I. No. 746 of 2007) (pdf, 62K)