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

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations revoke and re-enact with amendments the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (S.I. 1994/3247).

2.  By virtue of the amendments to the European Communities Act 1972 (c. 68) made by the European Economic Area Act 1993 (c. 51), these Regulations make provisions relating to the European Economic Area as defined in regulation 2(1) of these Regulations.

3.  These Regulations, as respects Great Britain, implement—

(a) Council Directive 1992/32/EEC (OJ No. L154, 5.6.92, p.1) amending for the 7th time Council Directive 67/548/EEC (OJ No. L196, 16.8.67, p.1), in so far as its provisions relate to the classification, packaging and labelling of dangerous substances (“the substances Directive”);

(b) Council Directive 1999/45/EC (OJ No. L 200, 30.7.99, p.1) on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”);

(c) points 29, 30 and 31 of Annex I to Council Directive 76/769/EEC (OJ No. L262, 27.9.76, p. 201) as most recently amended by Directive 2001/41/EC of the European Parliament and of the Council (OJ No. L194, 18.7.01, p. 36); and

(d) Commission Directive 91/155/EEC (OJ No. L 76, 22.3.91, p.39) on the provision of safety data sheets (“the safety data sheets Directive”).

4.  These Regulations also implement the Directives referred to below which adapt to technical progress and modify the substances Directive, the preparations Directive and the safety data sheets Directive. These Directives are—

(a) Commission Directive 91/410/EEC (OJ No. L 228, 17.8.91, p.67) 14th adaptation to technical progress of the substances Directive;

(b) Commission Directive 92/37/EEC (OJ No. L 154, 5.6.92, p.30) 16th adaptation to technical progress of the substances Directive;

(c) Commission Directive 93/21/EEC (OJ No. L 110, 4.5.93, p.20) 18th adaptation to technical progress of the substances Directive;

(d) Commission Directive 93/72/EEC (OJ No. L 258, 16.10.93, p.29) 19th adaptation to technical progress of the substances Directive;

(e) Commission Directive 93/101/EEC (OJ No. L 13, 15.1.94, p.1) 20th adaptation to technical progress of the substances Directive;

(f) Commission Directive 93/112/EC (OJ No. L 314, 16.12.93, p.38) amendment to the safety data sheets Directive;

(g) Commission Directive 94/69/EC (OJ No. L 381, 31.12.94) 21st adaptation to technical progress of the substances Directive;

(h) Commission Directive 96/54/EC (OJ No. L 248, 30.9.96) 22nd adaptation to technical progress of the substances Directive;

(i) Commission Directive 97/69/EC (OJ No. L343, 13.12.97, p.19) 23rd adaptation to technical progress of the substances Directive;

(j) Commission Directive 98/73/EC (OJ No. L 305, 16.11.98) 24th adaptation to technical progress of the substances Directive;

(k) Commission Directive 98/98/EC (OJ No. L355, 30.12.98) 25th adaptation to technical progress of substances Directive;

(l) Commission Directive 2000/32/EC (OJ No. L 136, 8.6.2000, p.1) 26th adaptation to technical progress of the substances Directive;

(m) Commission Directive 2000/33/EC (OJ No. L136, 8.6.2000, p.90) 27th adaptation to technical progress of the substances Directive;

(n) Commission Directive 2001/58/EC (OJ No. L 212, 7.8.2001, p.24) 2nd amendment to the safety data sheets Directive;

(o) paragraphs 1 and 5 of article 1 of Commission Directive 2001/59/EC (OJ No. L 225, 21.8.2001, p.1) 28th adaptation to technical progress of the substances Directive;

(p) Commission Directive 2001/60/EC (OJ No. L 226, 22.8.2001, p.5) 1st adaptation to technical progress of the preparations Directive.

5.  The terms and expressions used in the Regulations are defined in regulation 2 and the scope of the Regulations is described in regulation 3.

6.  Regulation 4 describes the procedures for classifying dangerous substances and dangerous preparations and regulation 5 describes the safety data sheets which (with certain exceptions) are required to be provided when dangerous substances, dangerous preparations and certain other preparations are supplied. Regulation 6 requires that advertisements for dangerous substances and dangerous preparations must refer to the hazards presented by that dangerous substance or dangerous preparation.

7.  Regulation 7 imposes requirements relating to the packaging of dangerous substances and dangerous preparations and regulation 8 imposes requirements in respect of the particulars that must be shown on the labels for such substances and preparations.

8.  Special labelling requirements for certain preparations are imposed in regulation 9 and regulation 10 imposes requirements in respect of the methods of marking and labelling packages which contain dangerous substances or dangerous preparations.

9.  Regulation 11 requires that the packaging of certain substances and preparations be provided with child resistant fastenings or tactile warning devices or both, and sets out the standards to which they must conform.

10.  The Regulations also require a person who classifies a dangerous preparation to retain the data used for the classification for at least 3 years after the preparation was last supplied (regulation 12).

11.  The Regulations make provision for exemptions to be granted by the Health and Safety Executive in certain circumstances (regulation 13) and for their enforcement (regulation 14).

12.  Regulation 15 provides for a defence in specific circumstances in the case of contravention of the Regulations. Transitional provisions are set out in regulation 16 and provision is made in regulation 17 to extend the application of the Regulations outside Great Britain. Revocations and modifications are set out in regulation 18.

13.  Copies of the publications referred to in the Regulations are obtainable as follows—

(a) the approved supply list (ISBN 0 7176 2368 8), and the approved classification and labelling guide (ISBN 0 7176 2369 6), from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS (Telephone: [phone]; Fax [phone]); and good booksellers.

(b) the British and International Standards referred to in regulation 11 and Schedule 6 (relating to child resistant fastenings and tactile warning devices) from (by personal callers) the British Standards Institution, 2 Part Street, London W1A 2BS or (by post) from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.

14.  A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of the transposition note in relation to implementation of the Directives set out in paragraphs 3 and 4 can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.