The Classification, Labelling and Packaging of Chemicals (Amendment) Regulations (Northern Ireland) 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations amend 1 Act and 13 Statutory Rules. The majority of the amendments arise from changes to legislation at European level that regulates the classification, labelling and packaging of chemicals.

2.  Regulation EC 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (“the CLP Regulation”) entered into force in January 2009. The CLP Regulation adopts within the European Union the Globally Harmonised System on the Classification and Labelling of Chemicals (“GHS”), which is published by the UN Social and Economic Council on a biennial basis. This means that the existing European classification system and hazard warning symbols, and the two Directives on the classification, labelling and packaging of dangerous substances and dangerous preparations (Directives 67/548/EEC and 1999/45/EC), will be replaced. The CLP Regulation comes fully into force on 1st June 2015, subject to transitional arrangements.

3.  A number of European Directives refer to the existing classification system. These references have been updated by Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (“the Directive”). The Directive amends five worker protection Directives to bring them into line with the CLP Regulation. As a consequence, the legislation that implements those 5 Directives requires amendment. These amendments are in regulations 4, 8, 9 and 12.

4.  The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (“the 2009 Regulations”), which implemented Directives 67/548/EEC and 1999/45/EC, are revoked by regulation 24 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (“the 2013 Regulations”). The revocations take place according to a timetable that is aligned with the transition to the CLP Regulation. These Regulations make a number of amendments that are consequential on the revocation of the 2009 Regulations. The relevant amendments are in regulations 2 to 3, 5 to 7 and 9 to 14.

5.  Regulation 15 amends regulation 24(c) and replaces regulation 24(d) of the 2013 Regulations and adds a new regulation 24(e). The effect of this amendment is to revoke regulation 5A of the 2009 Regulations on 1st June 2017.

6.  In Great Britain the corresponding Regulations are the Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21). The Great Britain Health and Safety Executive has prepared a full impact assessment in relation to these Regulations. 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 a copy may be obtained on request. A copy of the transposition note in relation to the implementation of the Directive can also be obtained from the same address. Copies of both these documents are annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.