S.I. No. 47/1988:

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES) (CLASSIFICATION, PACKAGING AND LABELLING) (AMENDMENT) REGULATIONS, 1988.

EUROPEAN COMMUNITIES (DANGEROUS SUBSTANCES) (CLASSIFICATION, PACKAGING AND LABELLING) (AMENDMENT) REGULATIONS, 1988.

I, BERTIE AHERN, T.D., Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 67/548/EEC of 27 June, 1967,¹ as amended, in particular, by Commission Directive 86/431/EEC of 24 June, 1986,² and Council Directive 87/432/EEC of 3 August, 1987,³ hereby make the following Regulations:

¹OJ No. 196, 16.8.1967, pp. 234--237.

²OJ No. L 247, 1.9.1986, pp. 1--41, and corrigendum in OJ No. L 50, 19.2.1987, pp. 38-40.

³OJ No. L 239, 21.8.1987, pp. 1--20.

1. (1) These Regulations may be cited as the European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1988.

(2) These Regulations shall come into operation on the 1st day of April, 1988.

2. The European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979 ( S.I. No. 383 of 1979 ), are hereby amended by the substitution for Regulation 2 thereof of the Regulation set out in the First Schedule to these Regulations.

3. The European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982 ( S.I. No. 258 of 1982 ), are hereby amended by the substitution for Regulation 2 thereof of the Regulation set out in the Second Schedule to these Regulations.

4. The European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1986 ( S.I. No. 224 of 1986 ), are hereby revoked.

FIRST SCHEDULE

Regulation 2

(Amendment to the European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979).

"2. (1) In these Regulations --

'the amending Commission Directives' means the following Commission Directives, which amend Council Directive No. 67/548/EEC of 27 June, 1967,¹ that is to say --

¹OJ No. 196, 16.8.1967, pp. 234--237.

( a ) Commission Directive No. 76/907/EEC of 14 July, 1976,²

²OJ No. L 360, 30.12.1976, pp. 1--424

( b ) Commission Directive No. 79/370/EEC of 30 January, 1979,³

³OJ No. L 88, 7.4.1979, pp. 1--69.

( c ) Commission Directive No. 81/957/EEC of 23 October, 1981,⁴

⁴OJ No. L 351, 7.12.1981, pp. 5--44.

( d ) Commission Directive No. 82/232/EEC of 25 March, 1982,⁵

⁵OJ No. L 106, 21.4.1982, pp. 18--19.

( e ) Commission Directive No. 8¾67/EEC of 29 July, 1983,⁶

⁶OJ No. L 257, 16.9.1983, pp. 1--33.

( f ) Commission Directive No. 84/449/EEC of 25 April, 1984,⁷

⁷OJ No. L 251, 19.9.1984, pp. 1--223.

( g ) Commission Directive No. 86/431/EEC of 24 June, 1986,⁸

⁸OJ No. L 247, 1.9.1986, pp. 1--41, and corrigendum in OJ No. L 50, 19.2.1987, pp. 38-40.

'the amending Council Directives' means, subject to paragraph (2) of this Regulation, the following Council Directives, which amend Council Directive 67/548/EEC of 27 June, 1967, that is to say --

(a) Council Directive No. 69/81/EEC of 13 March, 1969,⁹

⁹OJ No. L 68, 19.3.1969, pp. 1--4.

(b) Council Directive No. 70/189/EEC of 6 March, 1970,¹⁰

¹⁰OJ No. L 59, 14.3.1970, p. 147.

(c) Council Directive No. 71/144/EEC of 22 March, 1971,¹¹

¹¹OJ No. L 74, 29.3.1971, p. 180.

(d) Council Directive No. 73/146/EEC of 21 May, 1973,¹²

¹²OJ No. L 167, 25.6.1973, pp. 1--128.

(e) Council Directive No. 75/409/EEC of 24 June, 1975,¹³

¹³OJ No. L 183, 14.7.1975, pp. 22--24.

( f) Council Directive No. 79/831/EEC of 18 September, 1979,¹⁴

¹⁴OJ No. L 259, 15.10.1979, pp. 10--28.

(g) Council Directive No. 87/432/EEC of 3 August, 1987,¹⁵

¹⁵OJ No. L 239, 21.8.1987, pp. 1--20.

'Annex 1' means, subject to paragraph (2) of this Regulation, Annex 1 (inserted by Commission Directive No. 76/907/EEC of 14 July, 1976) to the directive, as amended by the following Directives, that is to say --

(a) Commission Directive No. 79/370/EEC of 30 January, 1979,

(b) Commission Directive No. 81/957/EEC of 23 October, 1981,

(c) Commission Directive No. 82/232/EEC of 25 March, 1982,

(d) Commission Directive No. 8¾67/EEC of 29 July, 1983,

(e) Commission Directive No. 86/431/EEC of 24 June, 1986,

(f) Council Directive No. 87/432/EEC of 3 August, 1987;

'Annex II' means Annex II (inserted by Commission Directive No. 8¾67/EEC of 29 July, 1983) to the directive, as amended by Commission Directive No. 86/431/EEC of 24 June, 1986;

'Annex III' means Annex III (inserted by Commission Directive No. 76/907/EEC of 14 July, 1976) to the directive as amended by the following Directives, that is to say --

(a) Commission Directive No. 79/370/EEC of 30 January, 1979,

(b) Commission Directive No. 8¾67/EEC of 29 July, 1983,

(c) Commission Directive No. 86/431/EEC of 24 June, 1986,

'Annex IV' means Annex IV (inserted by Commission Directive No. 76/907/EEC of 14 July, 1976) to the directive as amended by the following Directives, that is to say --

(a) Commission Directive No. 79/370/EEC of 30 January, 1979,

(b) Commission Directive No. 8¾67/EEC of 29 July, 1983,

(c) Commission Directive No. 86/431/EEC of 24 June, 1986;

'Annex V' means Annex V (inserted by Commission Directive No. 84/449/EEC of 25 April, 1984) to the directive;

'the directive' means Council Directive 67/548/EEC of 27 June, 1967, as amended by the amending Council Directives and the amending Commission Directives;

'inspector' means a person appointed by the Minister to be an inspector for the purposes of these Regulations;

'Member State' means a Member State of the European Communities;

'the Minister' means the Minister for Labour.

(2) In the definitions of 'the amending Council Directives' and 'Annex I' in paragraph (1) of this Regulation, the references to Council Directive 87/432/EEC of 3 August, 1987, shall only have effect from the first day of October, 1988, and each of those definitions shall be construed accordingly.

(3) A word or expression that is used in these Regulations and is also used in the directive has, unless the contrary intention appears, the meaning in these regulations that it has in the directive.".

SECOND SCHEDULE

Regulations 3

(Amendment to the European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982).

"2. (1) In these Regulations --

'the amending Commission Directives' has the same meaning as is assigned to it by Regulation 2(1) (inserted by the Regulations of 1988 and as may be amended from time to time) of the Regulations of 1979;

'the amending Council Directives' has the same meaning as is assigned to it by Regulation 2 (1) (inserted by the Regulations of 1988 and as may be amended from time to time) of the Regulations of 1979;

'Annex VI' means Annex VI (inserted by Council Directive 79/831/EEC¹ of 18 September, 1979) to the Council Directive as amended by the following Directives, that is to say --

¹OJ No. L 259, 15.10.1979, pp. 10--28.

(a) Commission Directive 8¾67/EEC of 29 July, 1983,²

²OJ No. L 257, 16.9.1983, pp. 1--33.

(b) Commission Directive 86/431/EEC of 24 June, 1986;³

³OJ No. L 247, 1.9.1986, pp. 1--41, and corrigendum in OJ No. L 50, 19.2.1987, pp. 38--40.

'Annex VII' means Annex VII (inserted by Council Directive 79/831/EEC of 18 September, 1979) to the Council Directive;

'Annex VIII' means Annex VIII (inserted by Council Directive 79/831/EEC of 18 September, 1979) to the Council Directive;

'Annex IX' means Annex IX (inserted by Council Directive 79/831/EEC of 18 September, 1979) to the Council Directive;

'authorised officer' means a person appointed by the Minister to be an authorised officer for the purposes of these Regulations;

'Council Directive' means Council Directive 67/548/EEC of 27 June, 1967,⁴ as amended by the amending Council Directives and the amending Commission Directives;

⁴OJ No. 196, 16.8.1967, pp. 234--237.

'the Minister' means the Minister for Labour;

'the Regulations of 1979' means the European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979 ( S.I. No. 383 of 1979 );

'the Regulations of 1988' means the European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1988 ( S.I. No. 47 of 1988 ).

(2) A reference in these Regulations to 'Annex I', 'Annex II', 'Annex III', 'Annex IV' or 'Annex V' has, respectively, the same meaning as is assigned to it by Regulation 2(1) (inserted by the Regulations of 1988 and as may be amended from time to time) of the Regulations of 1979.

(3) A word or phrase that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.".

GIVEN under my Official Seal, this 22nd day of March, 1988.

BERTIE AHERN, T.D.

Minister for Labour.

EXPLANATORY NOTE

These Regulations give effect to Commission Directive No. 86/431/EEC of 24 June, 1986 and Council Directive 87/432/EEC of 3 August, 1987. They provide for the implementation of amendments and/or additions to Annex I, Annex II, Annex III, Annex IV and Annex VI of Council Directive No. 67/548/EEC of 27 June, 1967 -- on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.