The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations, in respect of Northern Ireland, provide for the appointment of competent authorities in relation to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (“the CLP Regulation”, (OJ No. L353, 31.12.08, p.1)).

These Regulations also provide for the enforcement, in respect of Northern Ireland, of the CLP Regulation.

The CLP Regulation replaces Council Directive 67/548/EEC (OJ No L196 16.08.67, p.1) and Council Directive 1999/45/EC (OJ No L200 30.07.99, p.1). The main purpose of the CLP Regulation is to adopt within the European Community the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) published by the UN Social and Economic Council (Fourth Revised Edition ISBN-978-92-1-117042-9). The UN GHS is a result of an international agreement made at the United World Conference on Environment and Development in Rio de Janeiro in 1992, and the World Summit on Sustainable Development in Johannesburg in 2002. It sets out internationally accepted definitions and criteria to identify the hazards of chemicals and to communicate those hazards via labels and safety data sheets. The GHS is a voluntary international agreement and countries may keep national requirements that are not covered by the GHS provided that they do not contradict it. The CLP Regulation requires dutyholders to classify, label and package hazardous chemicals before placing them on the market in accordance with its provisions.

Provision is made for the coming into operation of the Regulations and to extend the application of the Regulations outside Northern Ireland in regulation 2 and Schedule 2.

Most of the terms and expressions used in these Regulations are defined in regulation 3.

Regulation 4 provides that the Department of Justice is designated as the competent authority in relation to the CLP Regulation.

Regulation 5 makes provision for the enforcement of the CLP Regulation by applying enforcement and penalty provisions of the 1978 Order to the CLP Regulation as if it were health and safety regulations for the purposes of the 1978 Order.

Regulation 6 provides that the CLP Regulation is enforced by the Department of Justice.

Regulation 7 and Schedule 1 make provision for defence exemption certificates in respect of requirements and prohibitions contained in the CLP Regulation.

Regulation 8 disapplies the provisions for these Regulations where an enforcing authority takes a sample of a substance or mixture for enforcement purposes.

Regulation 9 sets out the penalties that apply for an offence under Article 31 of the 1978 Order, as applied to these Regulations and the CLP Regulation by provisions in these Regulations.

Regulation 10 provides for a defence of due diligence in any proceedings for an offence in respect of a breach of these Regulations and the CLP Regulation.

Regulation 11 revokes provisions in the 2009 Regulations on two dates so that domestic provisions which implemented Council Directive 67/548/EEC and Council Directive 1999/45/EC are revoked in accordance with time periods for the transition to the CLP Regulation.

Regulation 12 amends the 2009 Regulations by making provision for the advertising of dangerous preparations and bring penalties in line with the European Communities Act 1972. These amendments will have effect from 31st May 2015 until the 2009 Regulations are revoked in accordance with Regulation 11.