The Marketing and Use of Dangerous Substances (No. 4) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations give effect to European Parliament and Council Directive 2003/11/EC and Commission Directive 2004/98/EC on pentabromodiphenyl ether and octabromodiphenyl ether. These Directives make amendment to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations. These regulations revoke and replace the Marketing and Use of Dangerous Substances (No. 2) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 125) which previously gave effect to Directive 2003/11/EC.

Regulation 3 sets out exclusions to the restrictions on the placing on the market and use of dangerous substances and preparations under the Regulations.

Regulation 4(1)(a) prohibits the placing on the market of pentabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. Regulation 4(1)(b) prohibits the placing on the market of any articles which contain pentabromodiphenyl ether in concentrations higher than 0.1% by mass. Regulation 4(1)(c) prohibits the placing on the market of any articles which include any flame retardant parts which contain pentabromodiphenyl ether in concentrations higher than 0.1% by mass. The use of pentabromodiphenyl ether in concentrations higher than 0.1% by mass is also prohibited (regulation 4(2)). Regulation 4 will not apply to aircraft emergency evacuation systems until 31st March 2006.

Regulation 5(1)(a) prohibits the placing on the market of octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. Regulation 5(1)(b) prohibits the placing on the market of any articles which contain octabromodiphenyl ether in concentrations higher than 0.1% by mass. Regulation 5(1)(c) prohibits the placing on the market of any articles which include any flame retardant parts which contain octabromodiphenyl ether in concentrations higher than 0.1% by mass. The use of octabromodiphenyl ether in concentrations higher than 0.1% by mass is also prohibited (regulation 5(2)).

Regulation 6 makes it an offence to contravene either regulation 4 or 5 and specifies the maximum penalties for such an offence.

Regulation 7 revokes S.R. 2004 No. 125.

Copies of the Directives may be obtained from the Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.