The Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

Classification of the substance (gas)	Classification of the preparation	Classification of the preparation	Classification of the preparation	Classification of the preparation
	C with R35	C with R34	Xi with R41	Xi with R36, R37 R38
(*)According to the approved classification and labelling guide, when a substance or preparation is classified as corrosive and assigned the risk phrase R34 or R35, the risk of severe damage to the eyes is considered implicit and the risk phrase R41 is not included on the label. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant (R41) or irritant (R36).	(*)According to the approved classification and labelling guide, when a substance or preparation is classified as corrosive and assigned the risk phrase R34 or R35, the risk of severe damage to the eyes is considered implicit and the risk phrase R41 is not included on the label. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant (R41) or irritant (R36).	(*)According to the approved classification and labelling guide, when a substance or preparation is classified as corrosive and assigned the risk phrase R34 or R35, the risk of severe damage to the eyes is considered implicit and the risk phrase R41 is not included on the label. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant (R41) or irritant (R36).	(*)According to the approved classification and labelling guide, when a substance or preparation is classified as corrosive and assigned the risk phrase R34 or R35, the risk of severe damage to the eyes is considered implicit and the risk phrase R41 is not included on the label. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant (R41) or irritant (R36).	(*)According to the approved classification and labelling guide, when a substance or preparation is classified as corrosive and assigned the risk phrase R34 or R35, the risk of severe damage to the eyes is considered implicit and the risk phrase R41 is not included on the label. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant (R41) or irritant (R36).
NoteSimple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in approved classification and labelling guide regarding classification as corrosive and paragraph 4(4)(b) and (c) of Part I of this Schedule.	NoteSimple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in approved classification and labelling guide regarding classification as corrosive and paragraph 4(4)(b) and (c) of Part I of this Schedule.	NoteSimple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in approved classification and labelling guide regarding classification as corrosive and paragraph 4(4)(b) and (c) of Part I of this Schedule.	NoteSimple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in approved classification and labelling guide regarding classification as corrosive and paragraph 4(4)(b) and (c) of Part I of this Schedule.	NoteSimple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in approved classification and labelling guide regarding classification as corrosive and paragraph 4(4)(b) and (c) of Part I of this Schedule.
C with R35	concentration ≥ 1% R35 obligatory	0.2% ≤ concentration < 1% R34 obligatory	0.2%[^f01007]	0.02% ≤ concentration < 0.2% R36/37/38 obligatory
C with R34		concentration ≥ 5% R34 obligatory	5%[^f01007]	0.5% ≤ concentration < 5% R36/37/38 obligatory
Xi with R41			concentration ≥ 5% R41 obligatory	0.5% ≤ concentration < 5% R36 obligatory
Xi with R36, R37, R38				concentration ≥ 5% R36, R37, R38 are obligatory as appropriate

Sensitising effects

5

Other than gaseous preparations

5.1

Preparations that produce such effects are classified as sensitising and assigned:

• the symbol Xn and phrase R42 if this effect can be produced by inhalation,

• the symbol Xi and phrase R43 if this effect can be produced through contact with the skin.

Gaseous preparations

5.2

Gases that produce such effects are classified as sensitising and assigned:

• the symbol Xn and phrase R42 if this effect can be produced by inhalation,

• the symbol Xi and phrase R43 if this effect can be produced by inhalation and through contact with the skin.

Carcinogenic/mutagenic/toxic effects for reproduction

6

Other than gaseous preparations

6.1

For substances that produce such effects and for which specific concentration limits do not yet appear in Table 3.2 of part 3 of Annex VI of the CLP Regulation, concentration limits laid down in Table VI shall determine, where appropriate, the classification of the preparation.

Gaseous preparations

6.2

For gases which produce such effects and for which specific concentration limits do not yet appear in Table 3.2 of part 3 of Annex VI of the CLP Regulation, concentration limits laid down in Table VIA, expressed as a volume/volume percentage, shall determine, where appropriate, the classification of the preparation.

PART III — CONCENTRATION LIMITS TO BE USED FOR THE EVALUATION OF ENVIRONMENT HAZARDS

The aquatic environment

1

The concentration limits fixed in the following tables, expressed as a weight/weight percentage, determine the classification of the preparation in relation to the individual concentration of the substances present whose classification is also shown.

Classification of the substance	Classification of the preparation	Classification of the preparation	Classification of the preparation
	N, R50-53	N, R51-53	R52-53
N, R50-53	see Table 1b	see Table 1b	see Table 1b
N, R51-53		Cₙ ≥ 25%	2.5% ≤ Cₙ < 25%
R52-53			Cₙ ≥ 25%

The non-aquatic environment

2

The concentration limits fixed in the following table, expressed as a weight/weight percentage or, for gaseous preparations as a volume/volume percentage, determine the classification of the preparation in relation to the individual concentration of the substances present whose classification is also shown.

Classification of the substance	Classification of the preparation N, R59
N with R59	Cₙ ≥ 0.1%

SCHEDULE 4 — LABELLING PARTICULARS FOR DANGEROUS SUBSTANCES, DANGEROUS PREPARATIONS AND FOR CERTAIN OTHER PREPARATIONS

PART I — GENERAL PROVISIONS RELATING TO LABELS

Labelling particulars for dangerous substances

1

• (1) In the case of a dangerous substance which is listed in Table 3.2 of part 3 of Annex VI of the CLP Regulation, the particulars to be shown on the label in accordance with regulation 7(2)(c) shall be the particulars specified for that dangerous substance in the relevant entry in that table.

• (2) Subject to paragraph 4, in the case of a dangerous substance which is not listed in Table 3.2 of part 3 of Annex VI of the CLP Regulation, the particulars required to be shown on the label in accordance with regulation 7(2)(c) shall be determined from the classification of the substance in accordance with regulation 4 in conjunction with the approved classification and labelling guide.

Labelling particulars for dangerous preparations

2

• (1) Subject to paragraphs 3 and 4, the provisions of this paragraph shall have effect in relation to the labelling of dangerous preparations.

• (2) Subject to sub-paragraph (3), the particulars relating to the chemical name required to be shown on the label in accordance with regulation 7(3)(c)(i) shall be shown according to the following rules—

• (a) in the case of a dangerous preparation classified as requiring the indication of danger T+, T or Xn, only substances requiring those indications of danger present in the dangerous preparation in concentrations equal to or greater than—

• (i) the lowest limit (the Xn limit) for the substance laid down in Table 3.2 of part 3 of Annex VI of the CLP Regulation, or

• (ii) where there is no such limit, the relevant limit laid down in Part II of Schedule 3,

have to be taken into consideration;

• (b) in the case of a dangerous preparation classified as requiring the indication of danger C, only substances requiring that indication of danger present in the dangerous preparation in concentrations equal to or greater than—

• (i) the lowest limit (the Xi limit) for the substance laid down in Table 3.2 of part 3 of Annex VI of the CLP Regulation, or

• (ii) where there is no such limit, the relevant limit laid down in Part II of Schedule 3,

have to be taken into consideration;

• (c) if the dangerous preparation is assigned one or more of the following danger categories:

• carcinogen category 1, 2 or 3,

• mutagen category 1, 2 or 3,

• toxic for reproduction category 1, 2 or 3,

• very toxic, toxic or harmful due to non-lethal effects after a single exposure,

• toxic or harmful due to severe effects after repeated or prolonged exposure,

• sensitising,

the name of any substance causing the dangerous preparation to be assigned shall be referred to;

• (d) as a consequence of the provisions set out in paragraphs (a) to (c), the name of any substance which led to the classification of the dangerous preparation in the following danger categories:

• explosive,

• oxidising,

• extremely flammable,

• highly flammable,

• flammable,

• irritant,

• dangerous for the environment,

need not be referred to on the label unless so required by paragraph (a), (b) or (c).

• (3) The chemical name referred to in sub-paragraph (2) shall be—

• (a) in the case of a substance listed in Table 3.2 of part 3 of Annex VI of the CLP Regulation, the name or one of the names under which that substance is listed; or

• (b) in the case of a substance not so listed, an internationally recognised name.

• (4) For the purpose of labelling, no account shall be taken of a substance in the dangerous preparation where the concentration of that substance is less than the concentration referred to in paragraph 6 of Part I of Schedule 3.

• (5) Subject to sub-paragraph (4), the particulars to be shown on the label in accordance with regulation 7(3)(c)(ii), (iii) and (iv) shall be determined from the classification of the dangerous preparation made in accordance with regulation 4 in conjunction with the approved classification and labelling guide.

• (6) As a general rule, a maximum of four chemical names shall suffice to identify the substances primarily responsible for the major health hazards which have given rise to the classification and the choice of the corresponding risk phrases – although in some cases more than four chemical names may be necessary.

Confidentiality of chemical names

3

• (1) Subject to sub-paragraph (2), where the supplier of a dangerous preparation is able to demonstrate to the Secretary of State that the disclosure on the label or safety data sheet of the chemical identity of a substance which is exclusively classified as—

• (a) irritant with the exception of those assigned R41 or irritant in combination with one or more of the other properties mentioned in paragraph 2(2)(d); or

• (b) harmful or harmful in combination with one or more of the properties mentioned in paragraph 2(2)(d) presenting acute lethal effects alone,

will put at risk the confidential nature of his intellectual property, the person shall, in accordance with the provisions of Annex VI of Council Directive 1999/45/EEC[^f00047], be permitted to refer to that substance either by means of a name that identifies the most important functional chemical groups or by means of an alternative name.

• (2) The derogation in sub-paragraph (1) shall not apply in respect of a substance which has been assigned a Community exposure limit.

• (3) Where a supplier wishes to take advantage of the derogation contained in sub-paragraph (1), he shall make application to the Secretary of State accordingly, enclosing the information specified in Annex VI of Council Directive 1999/45/EEC.

• (4) The Secretary of State may require such further information from the supplier as is necessary to determine the validity of an application made under sub-paragraph (3).

Indications of danger and symbols for dangerous substances and dangerous preparations

4

• (1) Except in the case of a dangerous substance which is listed in Table 3.2 of part 3 of Annex VI of the CLP Regulation, where a dangerous substance or dangerous preparation is required to have more than one indication of danger in either of the following groups listed in decreasing order of severity, namely—

• (a) explosive, oxidising, extremely flammable and highly flammable; or

• (b) very toxic, toxic, corrosive, harmful and irritant,

only one of the indications of danger with its symbol from each group corresponding to the most severe indication of danger in that group need be shown.

• (2) The risk phrases R12 (extremely flammable) and R11 (highly flammable) need not be used if they repeat the indication of danger shown on the label.

PART II — PARTICULAR PROVISIONS CONCERNING CERTAIN PREPARATIONS

A — SPECIAL PROVISIONS FOR DANGEROUS PREPARATIONS

Dangerous preparations to be supplied to the general public

1

• (1) The label on the packaging of dangerous preparations intended to be supplied to the general public shall in addition to the relevant safety advice bear the relevant safety phrase S1, S2, S45 or S46 in accordance with the approved classification and labelling guide.

• (2) When the dangerous preparations referred to in sub-paragraph (1) are classified as very toxic, toxic or corrosive and where it is physically impossible to give the information on the package itself, packages containing such preparations shall be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

Dangerous preparations intended for use by spraying

2

The label on the packaging containing dangerous preparations intended to be used for spraying shall bear the safety phrase S23 and safety phrase S38 or S51 assigned in accordance with the approved classification and labelling guide.

Dangerous preparations containing a substance affected by the risk phrase R33 (danger of cumulative effects)

3

When a dangerous preparation contains at least one substance required to show the risk phrase R33, that phrase shall be shown on the label on the packaging of the dangerous preparation when the concentration of that substance is equal to or higher than 1% unless a different value is shown for that substance in Table 3.2 of part 3 of Annex VI of the CLP Regulation.

Dangerous preparations containing a substance affected by the risk phrase R64 (may cause harm to breast-fed babies)

4

When a dangerous preparation contains at least one substance required to show the risk phrase R64, that phrase shall be shown on the label on the packaging of the dangerous preparation when the concentration of that substance is equal to or higher than 1% unless a different value is shown for that substance in Table 3.2 of part 3 of Annex VI of the CLP Regulation.

B — SPECIAL PROVISIONS APPLYING TO ANY PREPARATION

Preparations not classified as sensitising but containing at least one sensitising substance

1

The label on the packaging of preparations containing at least one substance classified as sensitising and being present in a concentration ≥ 0.1% or in a concentration greater than or equal to that specified under a specific note for the substance in Table 3.2 of part 3 of Annex VI of the CLP Regulation shall bear the inscription—

• Contains (name of sensitising substance). May produce an allergic reaction.

Preparations containing a substance assigned the risk phrase R67

2

When a preparation contains one or more substances assigned the risk phrase R67, the label on the packaging of the preparation shall bear the following inscription—

• Vapours may cause drowsiness and dizziness.

• when the total concentration of such substances present in the preparation is ≥ 15%, unless:the preparation is already classified with phrases R20, R23, R26, R68/20, R39/23 or R39/26, orthe preparation is in a package not exceeding 125 ml.

C — SPECIAL PROVISIONS APPLYING TO CERTAIN OTHER PREPARATIONS

Preparations not intended for the general public

1

The label on the packaging of a preparation of the type specified in Article 31(3) of REACH shall bear the following inscription—

• Safety data sheet available for professional user on request.

SCHEDULE 5 — BRITISH AND INTERNATIONAL STANDARDS RELATING TO CHILD RESISTANT FASTENINGS AND TACTILE WARNING DEVICES

The British Standards and International Standards referred to in regulation 11 are as follows—

• “BS EN 28317” means the British Standard Specification for packagings resistant to opening by children, BS EN 28317: 1993 which was published by the British Standards Institution and came into effect on 15 February 1993;

• “ISO 8317” means the International Standard ISO 8317 (1 July 1989 edition) relating to “Child-resistant packagings – Requirements for the testing of reclosable packages” adopted by the International Standards Organisation;

• “BS 6652” means the British Standard Specification for packagings resistant to opening by children, BS 6652: 1989 which was published by the British Standards Institution and came into effect on 30 June 1989;

• “EN 862” means the CEN standard EN 862 (March 1997 edition) relating to “Packaging — Child-resistant packaging — Requirements and testing procedures for non-reclosable packages for non-pharmaceutical products” adopted by the European Committee for Standardisation;

• “EN ISO 11683” means the EN ISO Standard 11683 (1997 Edition) relating to “Packaging — Tactile warnings of danger — Requirements.”;

• “BS 7501” means the British Standard on the general criteria for the operation of testing laboratories BS 7501: 1989 which was published by the British Standards Institution and came into effect on 31 October 1989;

• “EN 45 000” means the European Standards Series 45 000 which sets out the general criteria which laboratories must adhere to in order to obtain accreditation for the certification of child resistant fastenings.

SCHEDULE 6 — PREMISES AND ACTIVITIES WITHIN THE TERRITORIAL SEA

Interpretation

1

• (1) In this Schedule—

• “activity” includes a diving project;

• “designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 1964[^f00048] and “within a designated area” includes over and under it;

• “diving project” has the meaning assigned to it by regulation 2(1) of the Diving at Work Regulations (Northern Ireland) 2005[^f00049] save that it includes an activity in which a person takes part as a diver wearing an atmospheric pressure suit and without breathing in air or other gas at a pressure greater than atmospheric pressure;

• “energy structure” means a fixed or floating structure, other than a vessel, for producing energy from wind or water;

• “offshore installation” shall be construed in accordance with paragraph 2(2) and (3);

• “supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation;

• “stand-by vessel” means a vessel which is ready to give assistance in the event of an emergency on or near an offshore installation;

• “vessel” includes a hovercraft and any floating structure which is capable of being staffed.

• (2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.

• (3) Any reference in this Schedule to premises and activities includes a reference to any person, article or substance on those premises or engaged in, or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.

Offshore installations

2

• (1) This paragraph shall apply to and in relation to—

• (a) any offshore installation and any activity on it;

• (b) any activity in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, on or from a vessel or in any other manner, other than—

• (i) transporting, towing or navigating the installation; and

• (ii) any activity in or from a vessel being used as a stand-by vessel;

• (c) a diving project involving—

• (i) the survey and preparation of the sea bed for an offshore installation;

• (ii) the survey and restoration of the sea bed consequent on the removal of an offshore installation.

• (2) Subject to sub-paragraph (3), in this paragraph, “offshore installation” means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water—

• (a) for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;

• (b) for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored;

• (c) for the conveyance of things by means of a pipe; or

• (d) mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph,

together with any supplementary unit which is ordinarily connected to it, and all the connections.

• (3) Any reference in sub-paragraph (2) to a structure or unit does not include—

• (a) a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;

• (b) a well;

• (c) a structure which has ceased to be used for any of the purposes specified in sub-paragraph (2) and has since been used for a purpose not so specified;

• (d) a mobile structure which has been taken out of use and is not yet being moved with a view to its being used for any of the purposes specified in sub-paragraph (2); and

• (e) any part of a pipeline.

Wells

3

• (1) Subject to sub-paragraph (2), this paragraph applies to and in relation to—

• (a) a well and any activity in connection with it; and

• (b) an activity which is immediately preparatory to any activity in head (a).

• (2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines

4

• (1) This paragraph applies to and in relation to—

• (a) any pipeline;

• (b) any pipeline works;

• (c) the following activities in connection with pipeline works—

• (i) the loading, unloading, fuelling or provisioning of a vessel;

• (ii) the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,

being in either case a vessel which is engaged in pipeline works.

• (2) In this paragraph—

• “pipeline” means a pipe or system of pipes for the conveyance of any thing, together with— any apparatus for inducing or facilitating the flow of any thing through, or through part of, the pipe or system; any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system; valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system; apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in heads (a) to (c); apparatus for the transmission of information for the operation of the pipe or system; apparatus for the cathodic protection of the pipe or system; and a structure used or to be used solely for the support of a part of the pipe or system; but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;

• “pipeline works” means— assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it; inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline; changing the position of or dismantling or removing a pipeline or length of pipeline; opening the bed of the sea for the purposes of the works mentioned in heads (a) to (c), and tunnelling or boring for those purposes; any activities incidental to the activities described in heads (a) to (d); a diving project in connection with any of the works mentioned in heads (a) to (e) or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.

Mines

5

• (1) This paragraph applies to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.

• (2) In this paragraph “mine” has the same meaning as in the Mines Act (Northern Ireland) 1969[^f00050].

Other activities

6

• (1) Subject to paragraph (2), this paragraph applies to and in relation to—

• (a) the construction, reconstruction, alteration, repair, maintenance, cleaning, use, operation, demolition and dismantling of any building, energy structure or other structure, not being in any case a vessel, or any preparation for any such activity;

• (b) the transfer of people or goods between a vessel or aircraft and a structure (including a building) mentioned in head (a);

• (c) the loading, unloading, fuelling or provisioning of a vessel;

• (d) a diving project;

• (e) the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel;

• (f) the maintaining on a station of a vessel which would be an offshore installation were it not a structure to which paragraph 2(3)(d) applies;

• (g) the operation of a cable for transmitting electricity from an energy structure to shore;

• (h) the transfer of people or goods between a vessel or aircraft and a structure mentioned in head (f).

• (2) This paragraph shall not apply—

• (a) to a case where paragraph 2, 3, 4 or 5 applies; or

• (b) to vessels which are registered outside the United Kingdom and are on passage through the territorial sea.

SCHEDULE 7

PART I — AMENDMENT

Regulations to be amended	Regulation	Amendment to be made
The Chemical (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009[^f00051]	Regulation 3(5)	For the Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000 substitute the Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

Signed

Shaun Woodward — One of Her Majesty’s Principal Secretaries of State — 23rd July 2009

Explanatory note

(This note is not part of the Regulations)

1 These Regulations revoke and re-enact with amendments the Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000. They apply to explosives and certain substances which are controlled as if they were explosives.

2 These Regulations, as respects Northern Ireland— a provide for the enforcement of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (O.J. No. L353, 31.12.08, p.1) (“the CLP Regulation”), in addition to the enforcement of these Regulations; b implement parts of Directive 2006/121/EC (O.J. No. L396, 30.12.06, p.850) of the European Parliament and the Council of 18 December 2006 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No 1907/2006 (O.J. No. L142, 31.5.08, p.1) concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency; c implement Council Directive 1992/32/EEC (O.J. No. L154, 5.6.92, p.1) amending for the 7th time Council Directive 67/548/EEC (O.J. No. L196, 16.8.67, p.1), in so far as its provisions relate to the classification, packaging and labelling of dangerous substances (“the substances Directive”); and d implement Council Directive 1999/45 (O.J. No. L200, 30.7.99, p.1) on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”).

3 These Regulations also implement the Directives referred to below which adapt to technical progress and modify the substances Directive and the preparations Directive. These Directives are— a Commission Directive 91/410/EEC (O.J. No. L228, 17.8.91, p.67) 14th adaptation to technical progress of the substances Directive; b Commission Directive 93/21/EEC (O.J. No. L110, 4.5.93, p.20), 18th adaptation to technical progress of the substances Directive; c Commission Directive 2000/32/EC (O.J. No. L136, 8.6.2000, p.1) 26th adaptation to technical progress of the substances Directive; d Commission Directive 2001/59/EC (O.J. No. L225, 21.8.2001, p.1) 28th adaptation to technical progress of the substances Directive; e Commission Directive 2004/73/EC (O.J. No. L152, 30.4.04, p.1) 29th adaptation to technical progress of the substances Directive; f Commission Directive 2001/60/EC (O.J. No. L226, 22.8.2001, p.5) 1st adaptation to technical progress of the preparations Directive; and g Commission Directive 2006/8/EC (O.J. No. L19, 24.1.2006 p.12) amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to the preparations Directive.

4 The main purpose of the CLP Regulation is to adopt within the European Community the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) published by the UN Social and Economic Council (Second Revised Edition ISBN-13:978-92-1-116957-7). The UN GHS is the result of an international agreement made at the United Nations Conference on Environment and Development in Rio de Janeiro in 1992, and the World Summit on Sustainable Development in Johannesburg in 2002. It sets out internationally accepted definitions and criteria to identify the hazards of chemicals and to communicate those hazards via labels and safety data sheets. The GHS is a voluntary international agreement and countries may keep national requirements that are not covered by the GHS provided that they do not contradict it.

5 The CLP Regulation progressively replaces, with transitional arrangements, the current Community classification and labelling system for hazardous chemicals with a new system based on the GHS. It replaces certain provisions of the substances Directive and the preparations Directive relating to the classification, packaging and labelling of substances and preparations through a two-stage process, first for substances and then for mixtures (currently referred to as “preparations”). Whilst many of the classification criteria, hazard symbols and labelling phrases are similar to the existing system, there are also some differences. The CLP Regulation requires dutyholders to classify, label and package hazardous chemicals before placing them on the market in accordance with its provisions.

6 Council Directive 2006/121/EC of Regulation (EC) No 1907/2006 (“REACH”) amends the substances Directive in order to adapt it to REACH. The major changes effected by Council Directive 2006/121/EC are to remove the provisions on the notification of new substances and on the provision of safety data sheets from the substances Directive. These provisions are now included in REACH and the changes are implemented by the REACH Enforcement Regulations 2008 (S.I. 2008/2852). The remaining changes effected by Council Directive 2006/121 are to delete references to Annex V of the substances Directive and replace references to it with references to the relevant parts of Commission Regulation (EC) No 440/2008 (O.J. No. L142, 31.5.08, p.1) laying down test methods pursuant to REACH and to amend certain other references. These remaining changes are implemented in these Regulations by the approved classification and labelling guide.

7 The terms and expressions used in the Regulations are defined in regulation 2 and the scope of the Regulations is described in regulation 3.

8 Regulations 4 to 10 implement the substances Directive and the preparations Directive. Regulation 11 implements the preparations Directive.

9 Regulation 4 describes the procedures for classifying dangerous substances and dangerous preparations. Regulation 5 refers to the safety data sheet provisions of REACH. Regulation 6 imposes requirements relating to the packaging of dangerous substances and dangerous preparations.

10 Regulation 7 imposes requirements in respect of the particulars that shall be shown on the labels for dangerous substances and dangerous preparations. Special labelling requirements are imposed in regulations 8 and 9. Regulation 10 imposes requirements in respect of the methods of marking and labelling of packages that contain dangerous substances or dangerous preparations.

11 Regulation 11 requires that the packaging of certain substances and preparations be provided with child resistant fastenings or tactile warning devices or both, and sets out the standards to which they shall conform.

12 Regulation 12 requires a person who classifies a dangerous preparation to retain the data used for the classification for at least three years after the preparation was last supplied.

13 Regulation 13 provides for transitional periods for compliance with the CLP Regulation. According to these arrangements, suppliers must classify both substances and mixtures according to regulation 4 until 1st June 2015, and must classify, label and package according to the CLP Regulation from 1st December 2010 for substances and 1st June 2015 for mixtures. However, they may choose to classify, label and package in accordance with the CLP Regulation before 1st December 2010 for substances and 1st June 2015 for mixtures, in which case the requirements in regulations 6 to 11 on labelling and packaging cease to apply. Regulations 6 to 11 in any case cease to apply from 1st December 2010 for substances and 1st June 2015 for mixtures. Regulation 13 also describes the transitional arrangements for retention of data for dangerous preparations.

14 Regulation 14 makes provision for the enforcement of the Regulations and the CLP Regulation. Regulation 15 provides for a defence in specific circumstances in the case of contravention of the Regulations. Provision is made in regulation 16 to specify an activity within the territorial sea of the United Kingdom adjacent to Northern Ireland to which the Regulations apply. A revocation is set out in regulation 17.

15 Copies of the publications referred to in the Regulations are obtainable as follows— a the approved classification and labelling guide is available from the Health and Safety Executive for Northern Ireland, 83 Ladas Drive, Belfast BT6 9FR or on-line (http://www.hse.gov.uk/chip/classification.pdf). b The British and International Standards referred to in regulation 11 and Schedule 5 (relating to child resistant fastenings and tactile warning devices) from the British Standards Institution, 389 Chiswick High Road, London W4 4AL or online (http://www.bsi-global.com/upload/Standards%20&%20Publications/shop.html).

16 In Great Britain the corresponding Regulations are the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 (S.I. 2009/716). The Great Britain Health and Safety Executive (GB HSE) has prepared a regulatory impact assessment in respect of those Regulations and a copy of that assessment, together with a Northern Ireland supplement prepared by the Health and Safety Executive for Northern Ireland, is held at the offices of that Executive at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained. A copy of the transposition note in relation to the implementation of the Directives set out in paragraphs 2 and 3 is also available at that office.

17 A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable— a on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £20,000, or both; or b on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

Footnotes

[^f00001]: 1972 c. 68

[^f00002]: S.I. 1976/897

[^f00003]: S.I. 1993/2661

[^f00004]: S.I. 1978/1039 (N19)

[^f00005]: O.J. No. L 353, 31.12.08, p. 1

[^f00006]: O.J. No. L196, 16.8.67, p. 1

[^f00007]: O.J. No. L200, 30.7.99, p. l

[^f00008]: O.J. No. L396, 30.12.2006, p. 1

[^f00009]: O.J. No. L204, 31.7.08, p. 1

[^f00043]: S.R. 1999 No. 90, as amended by S.R. 2000 No. 375, S.R. 2003 No. 33, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 31 and S.R. 2007 No. 291

[^f00044]: 1968 c. 67; section 75(8) was amended by S.I. 1968/1699

[^f00045]: S.I. 2000/1646

[^f00046]: O.J. No. L147, 9.6.1975, p. 40; Article 8 is amended to add paragraph 1a by Commission Directive 2008/47/EC, O.J. No. L96, 9.4.2008, p. 15

[^f00047]: O.J. No. L200, 30.7.1999, p. 1

[^f00048]: 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), Schedule 3, paragraph 1

[^f00049]: S.R. 2005 No. 45, as amended by S.R. 2007 No. 247

[^f00050]: 1969 c. 6 (N.I.)

[^f00051]: S.R. 2009 No. 238

Editorial notes

[^key-4494934d85653325255ea75216d81783]: Reg. 1 in operation at 24.8.2009, see reg. 1

[^key-d004bb99db0e54604f9705960eabac71]: Reg. 14 in operation at 24.8.2009, see reg. 1

[^key-ecacc9fd7a84444f701ff140cf3bef61]: Reg. 15 in operation at 24.8.2009, see reg. 1

[^key-4f0cc970c00bbb046eb2f06596c00d58]: Reg. 16 in operation at 24.8.2009, see reg. 1

[^key-469a8ee2867f8c970218ad6a726a9cae]: Reg. 17 in operation at 24.8.2009, see reg. 1

[^key-97db0dd0555de4ebc6c978428e24d1a8]: Sch. 3 Pt. 1 para. 7 in operation at 24.8.2009, see reg. 1

[^key-948d38aaad9c21d44742e08f5ff4faf9]: Sch. 3 Pt. 1 para. 8 in operation at 24.8.2009, see reg. 1

[^key-d0af11b0f9378a86096033548345f77e]: Sch. 3 Pt. 1 para. 9 in operation at 24.8.2009, see reg. 1

[^key-c5b9d4699fcb620e8455e2876c77f9b1]: Sch. 3 Pt. 1 para. 10 in operation at 24.8.2009, see reg. 1

[^key-7ad063ec6b28206b11f0f24250b4c6d7]: Sch. 3 Pt. 1 para. 11 in operation at 24.8.2009, see reg. 1

[^key-75f227ae8aec86420ab07816cde4963b]: Sch. 3 Pt. 1 para. 12 in operation at 24.8.2009, see reg. 1

[^key-b3d32ee6dfd3f9f3db12e6d449a70f36]: Sch. 3 Pt. 1 para. 13 in operation at 24.8.2009, see reg. 1

[^key-6f401e331d29ac2c796bfb8e033e1ff8]: Sch. 3 Pt. 1 para. 14 in operation at 24.8.2009, see reg. 1

[^key-5e52a083b0714d469da4781452b98208]: Sch. 3 Pt. 1 para. 15 in operation at 24.8.2009, see reg. 1

[^key-adb8832c9aad66e4340a131a24e6b66f]: Sch. 3 Pt. 1 para. 16 in operation at 24.8.2009, see reg. 1

[^key-0d27419f4fa8069150d8ae807f447034]: Sch. 3 Pt. 1 para. 17 in operation at 24.8.2009, see reg. 1

[^key-55bea67f9ccce191234ac8cecdede770]: Sch. 3 Pt. 1 para. 18 in operation at 24.8.2009, see reg. 1

[^key-c48b73b47509fb6fa3580cdff39e7b62]: Sch. 3 Pt. 1 para. 19 in operation at 24.8.2009, see reg. 1

[^key-806cd5dd1c7b540151ebd3845da3a35a]: Sch. 6 para. 1 in operation at 24.8.2009, see reg. 1

[^key-35f687737efa49cfa454aab981b4e6a5]: Sch. 6 para. 2 in operation at 24.8.2009, see reg. 1

[^key-6f3d98843301d590434ce7647ee3b60f]: Sch. 6 para. 3 in operation at 24.8.2009, see reg. 1

[^key-e7b51632fb18c49fe3a79526bad71c27]: Sch. 6 para. 4 in operation at 24.8.2009, see reg. 1

[^key-b1bdf3b1c3ffae9f33c1fd6c9a5f4c85]: Sch. 6 para. 5 in operation at 24.8.2009, see reg. 1

[^key-a54e255b7addb10c2fa7baeae2f3a1bb]: Sch. 6 para. 6 in operation at 24.8.2009, see reg. 1

[^key-c2fb11f4fa0e4a986f81197bf02f5bfa]: Sch. 7 Pt. 1 in operation at 24.8.2009, see reg. 1

[^key-7d18184326b81edc4d89f0a9f737cfe7]: Sch. 1 in operation at 24.8.2009, see reg. 1

[^key-7ee85fdc578e88428b8acbe33771806d]: Sch. 2 in operation at 24.8.2009, see reg. 1

[^key-c078b42d746a6003fc5b513ea50c28b2]: Sch. 5 in operation at 24.8.2009, see reg. 1

[^key-ec26dee746056b8af81f05ee8cfb1067]: Sch. 3 Pt. 1 para. 1 in operation at 24.8.2009, see reg. 1

[^key-64b4f4af4e6be8871d92917dfcfea0f4]: Sch. 3 Pt. 1 para. 2 in operation at 24.8.2009, see reg. 1

[^key-bbf0695ff1c407d17ed61793a08b751b]: Sch. 3 Pt. 1 para. 3 in operation at 24.8.2009, see reg. 1

[^key-2d2405ad768a344bbffecec810fea52a]: Sch. 3 Pt. 1 para. 4 in operation at 24.8.2009, see reg. 1

[^key-f428e149504fec1d4b30436381119e76]: Sch. 3 Pt. 1 para. 5 in operation at 24.8.2009, see reg. 1

[^key-72f01a816241e9059e083fbbd3df4601]: Sch. 3 Pt. 1 para. 6 in operation at 24.8.2009, see reg. 1

[^key-a867a4434be568a51db5707a517d15b6]: Sch. 3 Pt. 3 para. 1 in operation at 24.8.2009, see reg. 1

[^key-5f3081a91f31a4a4ceb0a918badde2a8]: Sch. 3 Pt. 3 para. 2 in operation at 24.8.2009, see reg. 1

[^key-2cbacabd33985914872a5257d14052e9]: Sch. 4 Pt. 1 para. 1 in operation at 24.8.2009, see reg. 1

[^key-453823af3f4e23c539f1ce649cb64ecb]: Sch. 4 Pt. 1 para. 2 in operation at 24.8.2009, see reg. 1

[^key-95708ff7d6629a51484bf8b6b84c864b]: Sch. 4 Pt. 1 para. 3 in operation at 24.8.2009, see reg. 1

[^key-a3024458239c0f35195dbdf29c84f7a4]: Sch. 4 Pt. 1 para. 4 in operation at 24.8.2009, see reg. 1

[^key-f8287d885e57380936265c7283b2fd97]: Sch. 4 Pt. 2 Section A para. 1 in operation at 24.8.2009, see reg. 1

[^key-09a5edf059865a444230cb0508b068fe]: Sch. 4 Pt. 2 Section A para. 2 in operation at 24.8.2009, see reg. 1

[^key-d76c7d4f17779421c1ac5ec35f260079]: Sch. 4 Pt. 2 Section A para. 3 in operation at 24.8.2009, see reg. 1

[^key-a0f5765eca8ae74e9514292576f0b723]: Sch. 4 Pt. 2 Section A para. 4 in operation at 24.8.2009, see reg. 1

[^key-6f1f086df07f7b031dc1e34f1ecc3bdf]: Sch. 4 Pt. 2 Section B para. 1 in operation at 24.8.2009, see reg. 1

[^key-a2ac9bf3e92e4a090aeb8ebe95fbc3c0]: Sch. 4 Pt. 2 Section B para. 2 in operation at 24.8.2009, see reg. 1

[^key-c773114d33036dcbbe196f483a54bd2a]: Sch. 4 Pt. 2 Section C para. 1 in operation at 24.8.2009, see reg. 1

[^M_I_7e47cdb7-09db-45da-eca6-80520c896dec]: Sch. 3 Pt. 2 in operation at 24.8.2009, see reg. 1

[^key-c60337687d50aa11367e5fdcd54eab7a]: Reg. 5A inserted (31.5.2015) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(3), 12(1) (with reg. 2)

[^key-06f89e887011d9ff67f149bab09a46ad]: Reg. 14(1A) inserted (31.5.2015) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(3), 12(2) (with reg. 2)

[^key-d05bbf6a734c43ad21bc62ffaae08098]: Reg. 4 revoked (with effect in accordance with reg. 11(a) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(a) (with reg. 2)

[^key-7c23fc85746eca4305b1b9931319bb37]: Reg. 5 revoked (with effect in accordance with reg. 11(a) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(a) (with reg. 2)

[^key-72a12e9555d645add6a62fb47581b066]: Reg. 13 revoked (with effect in accordance with reg. 11(a) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(a) (with reg. 2)

[^key-3515d7bf2499b3ca9184829dc650dbf8]: Regs. 6-11 revoked (with effect in accordance with reg. 11(a) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(a) (with reg. 2)

[^key-0d4819ce5283f38a07c6408864db2bd7]: Regs. 14-17 revoked (except to the extent they continue to apply for the purposes of enforcing reg. 12 of S.R. 2009/273) (with effect in accordance with reg. 11(b) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(b) (with reg. 2)

[^key-4a502009d2bed7a3a1a1501785ca4f6b]: Reg. 2 revoked (with effect in accordance with reg. 11(c) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(c) (with reg. 2)

[^key-3eea726abed7a3b516c07815a16dc778]: Reg. 3 revoked (with effect in accordance with reg. 11(c) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(c) (with reg. 2)

[^key-44a6d198f2d52de6f2ea578eb284875b]: Reg. 12 revoked (with effect in accordance with reg. 11(c) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(c) (with reg. 2)

Advertisements for dangerous preparations

5A

• (1) Subject to paragraph (2), a person who supplies a dangerous preparation shall not advertise that preparation, or arrange for the production of any such advertisement, unless mention is made in the advertisement of the type of hazard indicated on the label.

• (2) Paragraph (1) shall apply only in respect of a dangerous preparation where the advertisement enables a person, otherwise than in the course of a business, to conclude a contract to purchase the dangerous preparation before that person has seen the label relating to the dangerous preparation.

• (3) In this regulation “supply” has the same meaning as it has in section 46 of the Consumer Protection Act 1987.

• (4) This regulation has effect until 31st May 2017.

Packaging of dangerous substances, dangerous preparations and certain specified preparations

Labelling of dangerous substances and dangerous preparations

Labelling of single receptacles and receptacles in outer packagings

Particular labelling requirements for certain preparations

Methods of marking or labelling packages

Child resistant fastenings, tactile warning devices and other consumer protection measures

Retention of data for dangerous preparations

Transitional provisions for dangerous substances, dangerous preparations and certain specified preparations