The Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with amendments the Dangerous Substances and Preparations (Nickel)(Safety) Regulations 2000.

The Regulations implement Council Directive 76/769/EEC (O.J. L262, 27.9.1976, p.201) on the approximation of laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous products and preparations insofar as that Directive restricts the use of nickel and its compounds and the marketing of products containing those substances. They also implement for the first time Directive 2004/96/EC which amends Directive 76/769/EEC by amending the restriction on the use of nickel and its compounds in post assemblies.

The Regulations restrict the use of nickel and its compounds in post assemblies and products intended to come into direct and prolonged contact with skin including products which have been coated with a non-nickel coating. The Regulations amend the previous restriction on the supply of post assemblies containing nickel. It will remain lawful to supply post assemblies which were lawful under the previous Regulations provided that they were first placed on the market in a Member State before these Regulations came into force. Further the restrictions do not apply to a product first placed on the market in a Member State before 20th January 2000 or to products intended for export to a country which is not a Member State.

The European standards EN 1811:1998 and EN 12472:1998 or corresponding national standards including BS EN 1811:1999 and BS EN 12472:1999 are required to be used to demonstrate compliance with the requirements relating to nickel content. The British Standards may be obtained from the sales outlets operated by the British Standards Institution (BSI) or by post from BSI at 389 Chiswick High Road, London, W4 4AL.

A full regulatory impact assessment of the effect that these Regulations will have on costs to business is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET.