The REACH Enforcement Regulations 2008

Regulation 23

SCHEDULE 10 Revocations and amendments

PART 1 Revocations to Regulations that extend to the United Kingdom

Statutory Instrument Number	Citation	Extent of revocation	Date of revocation
S.I. 2003/1511	The Creosote (Prohibition on Use and Marketing)(No. 2) Regulations 2003	The whole instrument.	1st June 2009
S.I. 2003/2650	The Creosote (Prohibition on Use and Marketing)(No. 2) Amendment Regulations 2003	The whole instrument.	1st June 2009
S.I. 2005/2001	The Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2005	The whole instrument.	1st June 2009
S.I. 2003/3310	The Controls on Certain Azo Dyes and “Blue Colourant” Regulations 2003	The whole instrument.	1st June 2009
S.I. 2004/2913	The Controls on Certain Azo Dyes and “Blue Colourant” (Amendment) Regulations 2004	The whole instrument.	1st June 2009
S.I. 2006/2916	The Dangerous Substances and Preparations (Safety) Regulations 2006	The whole instrument.	1st June 2009
S.I. 2006/3311	The Controls on Dangerous Substances and Preparations Regulations 2006	The whole instrument.	1st June 2009
S.I. 2007/386	The Dangerous Substances and Preparations (Safety)(Amendment) Regulations 2007	The whole instrument.	1st June 2009
S.I. 2007/1596	The Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007	The whole instrument.	1st June 2009
S.I. 2007/3438	The Controls on Dangerous Substances and Preparations (Amendment)(No. 2) Regulations 2007	The whole instrument.	1st June 2009

PART 2 Revocations to Regulations that extend to Great Britain

Statutory Instrument Number	Citation	Extent of revocation	Date of revocation
S.I.1993/3050	The Notification of New Substances Regulations 1993	The whole instrument.	1st December 2008
S.I. 1994/1806	The Notification of Existing Substances (Enforcement) Regulations 1994	The whole instrument.	1st December 2008
S.I. 1996/1373	The Notification of Existing Substances (Enforcement) (Amendment) Regulations 1996	The whole instrument.	1st December 2008
S.I. 2001/1055	The Notification of New Substances (Amendment) Regulations 2001	The whole instrument.	1st December 2008
S.I. 2002/1689	The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002	In regulation 8, paragraphs (4), (5) and (6).	1st June 2009
		Regulation 12(1)(d). Schedule 4.	1st December 2008
S.I. 2002/2176	The Notification of New Substances (Amendment) Regulations 2002	The whole instrument.	1st December 2008
S.I. 2002/2677	The Control of Substances Hazardous to Health Regulations 2002	Regulation 4(4). In Schedule 2, entries numbered 11, 12 and 13.	1st June 2009
S.I. 2004/3386	The Control of Substances Hazardous to Health (Amendment) Regulations 2004	Regulation 2(g).	1st June 2009
S.I. 2005/2571	The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005	Regulation 2(3).	1st December 2008
S.I. 2006/2739	The Control of Asbestos Regulations 2006	Regulations 25(3), 27, 28, 29 and 32(2).	1st June 2009
S.I. 2008/736	The Health and Safety (Fees) Regulations 2008	Regulation 14 and Schedule 11.	1st December 2008

PART 3 Amendments to Regulations that extend to Great Britain

The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

1.  The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(1) are amended as follows on 1st December 2008.

2.  In paragraph (1) of regulation 2 (interpretation)—

(a) for paragraph (c) in the definition of “EC number” substitute—

“(c) in the case of a dangerous substance that is not a phase-in substance within the meaning of REACH, the number for that substance if it is listed in ELINCS;”;

(b) after the definition of “radioactive substance” insert—

““REACH” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals(2);”.

3.  In paragraph (3) of regulation 4 (classification of dangerous substances and dangerous preparations) omit the wording after paragraph (a) and substitute—

“(b) has been registered in accordance with Title II of REACH,

shall be classified in conformity with that registration.”.

4.  For regulation 5 (safety data sheets for dangerous substances, dangerous preparations and certain other preparations) substitute—

“5.   The supplier of a dangerous substance or a dangerous preparation shall provide the recipient of that dangerous substance or dangerous preparation with a safety data sheet compiled in accordance with the requirements of REACH.”.

The Control of Substances Hazardous to Health Regulations 2002

5.  The Control of Substances Hazardous to Health Regulations 2002(3) are amended as follows on 1st June 2009.

6.  Omit paragraph (2)(a) of regulation 4 (prohibitions relating to certain substances).

The Control of Asbestos Regulations 2006

7.  The Control of Asbestos Regulations 2006(4) are amended as follows on 1st June 2009.

8.  In paragraph (1) of regulation 25 (interpretation of prohibitions) omit the definitions of “asbestos cement” and “use”.

9.  In paragraph (1) of regulation 32 (exemption certificates ) omit “to (7) and 27” and substitute “and (7)”.

10.  In regulation 33 (exemptions relating to the Ministry of Defence) omit “all or any of the prohibitions” and substitute “the prohibition”.

11.  In paragraph (2) of regulation 35 (existing licences and exemption certificates) omit the reference to regulation 32(2).

PART 4 Revocations to Statutory Rules of Northern Ireland

Statutory Rule Number	Citation	Extent of revocation	Date of revocation
S.R. (NI) 1994 No 6	The Notification of New Substances Regulations (Northern Ireland) 1994	The whole instrument.	1st December 2008
S.R. (NI) 2002 No 301	The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002	In regulation 8, paragraphs (4), (5) and (6).	1st June 2009
		Regulation 12(1)(d). Schedule 4.	1st December 2008
S.R. (NI) 2003 No 34	The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003	Regulation 4(3). In Schedule 2, entries numbered 11, 12 and 13.	1st June 2009
S.R. (NI) 2003 No 36	The Notification of New Substances (Amendment) Regulations (Northern Ireland) 2003	The whole instrument.	1st December 2008
S.R. (NI) 2004 No 76	The Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 2004	The whole instrument.	1st June 2009
S.R. (NI) 2005 No 165	The Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2005	Regulation 3(g).	1st June 2009
S.R. (NI) 2005 No 463	The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2005	Regulation 2(3).	1st December 2008
S.R. (NI) 2007 No 31	The Control of Asbestos Regulations (Northern Ireland) 2007	Regulations 25(3), 27, 28 and 31(2).	1st June 2009
S.R. (NI) 2008 No 21	The Health and Safety (Fees) Regulations (Northern Ireland) 2008	Regulation 8 and Schedule 6.	1st December 2008

PART 5 Amendments to Statutory Rules of Northern Ireland

The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

1.  The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(5) are amended as follows on 1st December 2008.

2.  In paragraph (1) of regulation 2 (interpretation)—

(a) for paragraph (c) in the definition of “EC number” substitute—

“(c) in the case of a dangerous substance that is not a phase-in substance within the meaning of REACH, the number for that substance if it is listed in ELINCS;”;

(b) after the definition of “radioactive substance” insert—

““REACH” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals(6);”.

3.  In paragraph (3) of regulation 4 (classification of dangerous substances and dangerous preparations) omit the wording after paragraph (a) and substitute—

“(b) has been registered in accordance with Title II of REACH,

shall be classified in conformity with that registration.”.

4.  For regulation 5 (safety data sheets for dangerous substances, dangerous preparations and certain other preparations) substitute—

“5.   The supplier of a dangerous substance or a dangerous preparation shall provide the recipient of that dangerous substance or dangerous preparation with a safety data sheet compiled in accordance with the requirements of REACH.”.

The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

5.  The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003(7) are amended as follows on 1st June 2009.

6.  Omit paragraph (2)(a) of regulation 4 (prohibitions relating to certain substances).

The Control of Asbestos Regulations (Northern Ireland) 2007

7.  The Control of Asbestos Regulations (Northern Ireland) 2007(8) are amended as follows on 1st June 2009.

8.  In paragraph (1) of regulation 25 (interpretation of prohibitions) omit the definitions of “asbestos cement” and “use”.

9.  In regulation 32 (exemptions relating to the Ministry of Defence) omit “all or any of the prohibitions” and substitute “the prohibition”.

10.  In paragraph (2) of regulation 34 (existing licences and exemption certificates) omit the reference to regulation 31(2).

(1)

S.I. 2002/1689.

(2)

OJ No L 396, 30.12.2006, p1.

(3)

S.I. 2002/2677.

(4)

S.I. 2006/2739.

(5)

S.R. (NI) 2002 No 301.

(6)

OJ No L 396, 30.12.2006, p1.

(7)

S.R. (NI) 2003 No 34.

(8)

S.R. (NI) 2007 No 31.