Asbestos (Prohibitions) (Amendment) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations amend the Asbestos (Prohibitions) Regulations (Northern Ireland) 1993, S.R. 1993 No. 25 (“the 1993 Regulations”). Save for the provisions referred to in paragraph 6, the Regulations also implement, as respects Northern Ireland, Commission Directive 99/77/EC (O.J. No. L207, 6.8.99, p. 18), adapting to technical progress for the sixth time Annex 1 to Council Directive 76/769/EEC (O.J. No. L262, 27.9.76, p. 24) on the approximation of the laws, regulations and administrative provisions of the Member States relating to the restrictions on the marketing and use of certain dangerous substances and preparations (asbestos). The principal provisions are referred to in the following paragraphs.

2.  In regulation 2(1) of the 1993 Regulations, a definition of the word “supply” is inserted thereby extending the meaning of that word to cover supply by way of loan, gift, or exchange for a consideration other than money. (Regulation 2(2)).

3.  Regulation 6 of the 1993 Regulations is replaced by a new regulation 6 which amongst other things prohibits the supply and use of chrysotile asbestos and any product to which chrysotile asbestos has intentionally been added and which was not in use before 2nd May 2000. (Regulation 2(5)).

4.  Regulation 7 of the 1993 Regulations is amended to enable the Secretary of State for Defence to grant exemptions to specified persons in the interest of national security. (Regulation 2(6)).

5.  A new Schedule is inserted into the 1993 Regulations which contains derogations from the provisions of the new regulation 6(1). (Regulation 2(8) and Schedule 1).

6.  The Regulations make additions to the 1993 Regulations so as to specify the premises and activities within United Kingdom territorial waters adjacent to Northern Ireland to which the 1993 Regulations apply. (Regulation 2(7) and (9) and Schedule 2).

7.  In Great Britain the corresponding Regulations are the Asbestos (Prohibitions) (Amendment) Regulations 1999 (S.I. 1999/2373) and the Asbestos (Prohibitions) (Amendment) (No. 2) Regulations 1999 (S.I. 1999/2977). The Health and Safety Executive has prepared a regulatory impact assessment in relation to those Regulations and a copy of that assessment, together with a Northern Ireland Supplement prepared by the Department of Enterprise, Trade and Investment, is held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast, BT6 9FR, from where copies may be obtained.