S.I. No. 244/1985 - European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1985.

S.I. No. 244 of 1985.

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES AND PREPARATIONS) (MARKETING AND USE) REGULATIONS, 1985.

I, RUAIRÍ QUINN, Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 83/264/EEC of 16 May, 1983¹, hereby make the following Regulations:

¹O.J. No. L147/9 and 10 6.6.1983.

1. (1) These Regulations may be cited as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1985.

(2) The European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 and 1981, and these Regulations may be cited together as the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 to 1985.

(3) The Principal Regulations and these Regulations shall be construed together as one.

2. (1) In these Regulations—

"the Directive of 1983" means Council Directive No. 83/264/EEC of 16 May, 1983^(a);

"the Principal Directive" means Council Directive No. 76/769/EEC of 27 July, 1976;

"the Principal Regulations" means the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 ( S.I. No. 382 of 1979 );

"the Regulations of 1981" means the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981 ( S.I. No. 149 of 1981 ).

(2) Regulation 2 (4) of the Principal Regulations shall apply to the requirements of Regulations 3 and 4 of these Regulations in like manner as it applies to the requirements of Regulations 3 and 4 of the Principal Regulations.

(3) Regulation 10 of the Principal Regulations shall apply to proceedings for an offence in which it is alleged that there was a contravention of Regulations 3 or 4 of these Regulations as it applies to proceedings which are proceedings described in the said Regulation 10 and, accordingly, the reference in the said Regulation 10 to the dangerous substance shall be construed as including a reference to a substance to which Regulation 3 of these Regulations applies and to a substance to which Regulation 4 of these Regulations applies.

3. (1) This Regulation applies to any substance which is a substance described in point 8 or 9 (inserted by Article 1 of the Directive of 1983) of the Annex to the Principal Directive.

(2) Subject to Regulation 2 (4) of the Principal Regulations, as extended by Regulation 2 (2) of these Regulations, a person shall not—

( a ) place on the market any textile article such as a garment, undergarment or linen intended to come into contact with the skin being a textile article as regards which any substance to which this Regulation applies is used,

( b ) use as regards any such textile article any substance to which this Regulation applies.

4. (1) This Regulation applies to any substance described in point 10, 11 or 12 (inserted by Article 1 of the Directive of 1983) of the Annex to the Principal Directive.

(2) Subject to Regulation 2 (4) of the Principal Regulations, as extended by Regulation 2 (2) of these Regulations, a person shall not—

( a ) place on the market any object described in the Annex to the Directive of 1983 opposite the mention therein of any substance to which this Regulation applies being an object in which such a substance is used,

( b ) use any such substance in any object so described.

(5) A person appointed under Regulation 6 of the Regulations of 1981, shall have power to—

( a ) enter, inspect, examine and search at all reasonable times any premises or other land which he has reasonable cause to believe is being used for or in connection with the marketing of any object referred to in paragraph (a) of Regulation 3 (2) or paragraph (a) of Regulation 4 (2) of these Regulations,

( b ) make such examination or enquiry as may be necessary to ascertain whether the requirements of the said Regulation 3 (2) or the said Regulation 4 (2), in so far as they relate to marketing, are being complied with.

6. Regulations 5 and 6 of the Principal Regulations shall each be construed and have effect as if each of the references therein to a or to any dangerous substance (or to any such or such substance) included a reference both to a substance to which Regulation 3 of these Regulations applies and to a substance to which Regulation 4 of these Regulations applies.

7. (1) A person who contravenes Regulation 3 or 4 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £600.

(2) Any person who obstructs or interferes with a person in the course of exercising a power conferred on him by virtue of Regulation 5 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

8. Proceedings for an offence under Regulation 7 of these Regulations in which it is alleged that there was either—

( a ) marketing in contravention of Regulation 3 or 4 of these Regulations, or

( b ) in relation to a person appointed under Regulation 6 of the Regulations of 1981 to be an authorised person, an obstruction or interference referred to in Regulation 7 (2) of these Regulations,

may (in lieu of being prosecuted by the Minister) be prosecuted by the Minister for Industry, Trade, Commerce and Tourism.

9. (1) Paragraph (3) of Regulation 6 of the Regulations of 1981 is hereby amended by the substitution of "A person" for "An inspector", and the said paragraph (3), as so amended, is set out in the Table to this Regulation.

(2) Regulation 8 of the Regulations of 1981 is hereby amended by the substitution of the following for paragraph (2):

"(2) Any person who obstructs or interferes with a person appointed to be an authorised person for the purposes of these Regulations in the course of exercising a power conferred on him by Regulation 6 (3) of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100."

TABLE

(3) A person appointed under this Regulation shall have power to—

( a ) enter, inspect, examine and search at all reasonable times any premises or other land which he has reasonable cause to believe is being used for or in connection with the marketing of any object referred to in paragraph (a) of Regulation 4 of these Regulations,

( b ) make such examination or enquiry as may be necessary to ascertain whether the requirements of the said Regulation 4, in so far as it relates to marketing, are being complied with.

GIVEN under my Official Seal, this 19th day of July, 1985.

RUAIRÍ QUINN,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prohibit the use of the substances Tris-(aziridinyl)-phosphinoxide and Polybrominatedbiphenyls (PBB) in textile articles intended to come into contact with the skin and restrict the use of certain harmful substances in jokes and hoaxes. They also prohibit/restrict the marketing of articles/objects containing such substances.