The Controls on Dangerous Substances and Preparations (Amendment) (No. 2) Regulations 2007

Statutory Instruments

2007 No. 3438

environmental protection

The Controls on Dangerous Substances and Preparations (Amendment) (No. 2) Regulations 2007

Made

6th December 2007

Laid before Parliament

7th December 2007

Coming into force

31st December 2007

The Secretary of State has been designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to persistent organic pollutants, dangerous substances, preparations and chemicals. The Secretary of State makes the following Regulations under the powers conferred by that section:

Citation and commencement

1.  These Regulations may be cited as the Controls on Dangerous Substances and Preparations (Amendment) (No. 2) Regulations 2007 and come into force on 31st December 2007.

Amendment

2.  Schedule 1 to the Controls on Dangerous Substances and Preparations Regulations 2006(3) as amended by the Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007(4) is replaced by Schedule 1 set out in the Schedule to these Regulations.

Phil Woolas

Minister of State

Department for Environment, Food and Rural Affairs

6th December 2007

Regulation 2

SCHEDULE

Regulation 3

“SCHEDULE 1 Table of substances, preparations and restrictions

Point number in Annex I to Council Directive 76/769/EEC	Substance or preparation	Directives amending Council Directive 76/769/EEC relevant to the substance or preparation	Restrictions
(1) The numbers and chapter numbers contained in the column are those used under Council Regulation (EEC) No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ No L256, 7.9.1987).
(2) Member States were permitted, as from 18 June 1994, on grounds of health protection and environmental protection, to prohibit within their territory the use of such plant or machinery before it was disposed of. No such additional restriction is imposed under these Regulations.”
17.	Lead carbons: neutral anhydrous carbonate Pb CO3 (CAS No 598-63-0) trilead-bis(carbonate)-dihydroxide 2 Pb CO3-Pb(OH)2 (CAS No 1319-46-6)	Council Directive 89/677/EEC (OJ L398, 30.12.1989, p.19)	May not be used as substances or constituents of preparations intended for use as paints except as provided under regulation 5.
18.	Lead sulphates: PbSO4 (1:1) (CAS No 7446-14-2) Pbx SO4 (CAS No 15739-80-7)	Council Directive 89/677/EEC (OJ L398, 30.12.1989, p.19)	May not be used as substances or constituents of preparations intended for use as paints except as provided under regulation 5.
19.	Mercury compound	Council Directive 89/677/EEC (OJ L398, 30.12.1989, p.19)	May not be used as substances and constituents of preparations intended for use: (a) to prevent the fouling by micro-organisms, plants or animals of: the hulls of boats, cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, any totally or partly submerged appliances or equipment; (b) in the preservation of wood; (c) in the impregnation of heavy-duty industrial textiles and yarn intended for their manufacture; (d) in the treatment of industrial waters, irrespective of their use.
19a.	Mercury (CAS No 7439-97-6)	Directive 2007/51/EC of the European Parliament and of the Council (OJ L257, 03.10.2007, p.13)	1. From 3 April 2009, may not be placed on the market: (a) in fever thermometers; (b) in other measuring devices intended for sale to the general public (e.g. manometers, barometers, sphygmomanometers, thermometers other than fever thermometers). 2. The restriction in paragraph 1(b) shall not apply to: (a) measuring devices more than 50 years old on 3 October 2007; or (b) barometers (except barometers within point (a)) until 3 October 2009.
20.	Arsenic compounds	Commission Directive 2006/139/EC (OJ L384, 29.12.2006, p.94)	1. Shall not be placed on the market or used as substances and constituents of preparations intended for use to prevent the fouling by micro-organisms, plants or animals of: the hulls of boats, cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, any totally or partly submerged appliances or equipment; 2. Shall not be placed on the market or used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use. 3. Shall not be used in the preservation of wood. Furthermore, wood so treated shall not be placed on the market; 4. However, by way of derogation: (a) relating to the substances and preparations in the preservation of wood: these may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of copper, chromium, arsenic (CCA) type C and if they are authorised in accordance with Article 5(1) of Directive 98/8/EC of the European Council and of the Parliament concerning the placing of biocidal products on the market (OJ L123, 24.4.1998, p. 1) as last amended by Commission Directive 2006/50/EC (OJ L142, 30.5.2006, p. 6). Wood so treated shall not be placed on the market before fixation of the preservative is completed. (b) wood treated with CCA solutions in industrial installations according to point (a) may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely: as structural timber in public and agricultural buildings, office buildings, and industrial premises, in bridges and bridgework, as constructional timber in freshwater areas and brackish waters, e.g. jetties and bridges, as noise barriers, in avalanche control, in highway safety fencing and barriers, as debarked round conifer livestock fence posts, in earth retaining structures, as electric power transmission and telecommunications poles, as underground railway sleepers. (c) without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, all treated wood placed on the market shall be individually labelled “For professional and industrial installation and use only, contains arsenic.” In addition, all wood placed on the market in packs shall also bear a label stating “Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking.” (d) treated wood referred to under point (a) shall not be used: in residential or domestic constructions, whatever the purpose, in any application where there is a risk of repeated skin contact, in marine waters, for agricultural purposes other than for livestock fence posts and structural uses in accordance with point (b), in any application where the treated wood may come into contact with intermediate or finished products intended for human and/or animal consumption; and 5. By way of further derogation— (a) wood treated with arsenic compounds which is— (i) placed on the market in accordance with the conditions in points (b) to (d) of paragraph 4; or (ii) in use in the Community before 30 September 2007, may remain in place and continue to be used until it reaches the end of its service life; (b) wood treated with CCA type C which is— (i) placed on the market in accordance with the conditions in points (b) and (d) of paragraph 4; or (ii) in use in the Community before 30 September 2007, may be used, reused or placed on the second hand market subject to the conditions in points (b) to (d) of paragraph 4; and (c) wood treated with CCA solutions other than type C which is in use in the Community before 30 September 2007, may be used, reused or placed on the second hand market subject to the conditions in points (b) to (d) of paragraph 4.
21.	Organostannic compounds	Commission Directive 2002/62/EC (OJ L183, 12.7.2002, p.58)	1. May not be placed on the market for use as substances and constituents of preparations when acting as biocides in free association paint. 2. May not be placed on the market or used as substances and constituents of preparations which act as biocides to prevent the fouling by micro-organisms, plants or animals of: (a) all craft irrespective of their length intended for use in marine, coastal, estuarine and inland waterways and lakes; (b) cages,floats, nets and any other appliances or equipment used for fish or shellfish farming; (c) any totally or partly submerged appliance or equipment. 3. May not be used as substances and constituents of preparations intended for use in the treatment of industrial waters.
22.	di-μ-oxo-di-n-butylstanniohydroxyborane (C8H 19BO 3S n) (CAS No 75113-37-0)(DBB)	Council Directive 89/677/EEC (OJ L398, 30.12.1989, p.19)	Shall be prohibited in a concentration equal to or greater than 0.1% in substances and constituents of preparations placed on the market. However, this provision shall not apply to this substance (DBB) or preparations containing it if these are intended solely for conversion into finished products, among which this substance will no longer feature in a concentration equal to or greater than 0.1%.
23.	Pentachlorophenol (CAS No 87-86-5) and its salts and esters	Commission Directive 1999/51/EC (OJ L142, 5.6.1999, p.22)	Shall not be used in a concentration equal to or greater than 0.1% by mass in substances or preparations placed on the market except as provided under regulation 6.
24.	Cadmium (CAS No 7440-43-9) and its compounds	Council Directive 91/338/EEC (OJ L186, 12.7.1991, p.59)	1.1. May not be used to give colour to finished products manufactured from the substances and preparations listed below(1): polyvinyl chloride (PVC)[390410][390421][390422] polyurethane (PUR)[390950] low density polyethylene (ld PE), with the exception of low density polyethylene used for the production of coloured masterbatch [390110] cellulose acetate (CA) [391211][391212] cellulose acetate butyrate (CAB) [391211][391212] epoxy resins [390730]. In any case, whatever their use or intended final purpose, finished products or components of products manufactured from the substances and preparations listed above coloured with cadmium may not be placed on the market if their cadmium content (expressed as Cd metal) exceeds 0.01% by mass of the plastic material. 1.2. Section 1.1 also applies for: (a) finished products manufactured from the following substances and preparations: melamine – formaldehyde (MF) [390920] urea – formaldehyde (UF) [390910] unsaturated polyesters (UP) [390791] polyethylene terephthalate (PET) [390760] polybutylene terephthalate (PBT) transparent/general purpose polystyrene [390311][390319] acrylonitrile methylmethacrylate (AMMA) cross-linked polyethylene (VPE) high-impact polystyrene polypropylene (PP) [390210] (b) paints [3208][3209] However, if the paints have a high zinc content, their residual concentration of cadmium must be as low as possible and at all events not exceed 0.1% by mass. 1.3. However, sections 1.1 and 1.2 do not apply to products to be coloured for safety reasons. 2.1. May not be used to stabilize the finished products listed below manufactured from polymers or copolymers of vinyl chloride: packaging materials (bags, containers, bottles, lids) [3923 29 10][392041][392042] office or school supplies [392610] fittings for furniture, coachwork or the like [392630] articles of apparel and clothing accessories (including gloves) [392620] floor and wall coverings [391810] impregnated, coated, covered or laminated textile fabrics [590310] imitation leather [4202] gramophone records [852410] tubes and pipes and their fittings [391723] swing doors vehicles for road transport (interior, exterior, underbody) coating of steel sheet used in construction or in industry insulation for electrical wiring. In any case, whatever their use or intended final purpose, the placing on the market of the above finished products or components of products manufactured from polymers or copolymers of vinyl chloride, stabilized by substances containing cadmium is prohibited, if their cadmium content (expressed as Cd metal) exceeds 0.01% by mass of the polymer. 2.2. However, section 2.1 does not apply to finished products using cadmium-based stabilizers for safety reasons. 3. “Cadmium plating” means any deposit or coating of metallic cadmium on a metallic surface. 3.1. May not be used for cadmium plating metallic products or components of the products used in the sectors/applications listed below, (a) equipment and machinery for: food production [8210][841720][841981][842111][842112][8422][8435][8437][8438][847611] agriculture [841931][842481][8432][8433][8434][8436] cooling and freezing [8418] printing and book-binding [8440][8442][8443], (b) equipment and machinery for the production of: household goods [7321][842112][8450][8509][8516] furniture [8465][8466][9401][9402][9403][9404] sanitary ware [7324] central heating and air conditioning plant [7322][8403][8404][8415]. In any case, whatever their use or intended final purpose, the placing on the market of cadmium-plated products or components of such products used in the sectors/applications listed in (a) and (b) above and of products manufactured in the sectors listed in (b) above is prohibited. The provisions referred to in Section 3.1 are also applicable to cadmium-plated products or components of such products when used in the sectors/applications listed in (a) and (b) below and to products manufactured in the sectors listed in (b) below: (a) equipment and machinery for the production of: paper and board [841932][8439][8441] textiles and clothing [8444](1) [8445][8447][8448][8449][8451][8452], (b) equipment and machinery for the production of: industrial handling equipment and machinery [8425][8426][8427][8428][8429][8430][8431] road and agricultural vehicles [chapter 87] rolling stock [chapter 86] vessels [chapter 89]. 3.3. However, Sections 3.1 and 3.2 do not apply to: products and components of the products used in the aeronautical, aerospace, mining, offshore and nuclear sectors whose applications require high safety standards and in safety devices in road and agricultural vehicles, rolling stock and vessels, electrical contacts in any sector of use, on account of the reliability required of the apparatus on which they are installed.
25.	Monomethyl – tetrachlorodiphenyl methane Trade name: Ugilec 141 (CAS No 76253-60-6)	Council Directive 91/339/EEC (OJ L186, 12.7.1991, p.64)	The marketing and use of this substance and of preparations and products containing it shall be prohibited. By way of exception this provision shall not apply: 1) in the case of plant and machinery already in service on 18 June 1994 until such plant and machinery is disposed of(2); 2) in the case of the maintenance of plant and machinery already in service on 18 June 1994 The placing on the second hand market of this substance, preparations containing this substance and plant/machinery containing this substance shall be prohibited.
26.	Monomethyl-dichloro-diphenyl methane. Trade name: Ugilec 121, Ugilec 21. (CAS No unknown)	Council Directive 91/339/EEC (OJ L186, 12.7.1991, p.64)	The marketing and use of this substance and of preparations and products containing it shall be prohibited.
27.	Monomethyl-dibromo-diphenyl methane. Trade name: DBBT (CAS No 99688-47-8)	Council Directive 91/339/EEC (OJ L186, 12.7.1991, p.64)	The marketing and use of this substance and of preparations and products containing it shall be prohibited.
41.	Hexachloroethane (CAS No 67-72-1) (EINECS Number 2006664)	Commission Directive 2001/91/EC (OJ L286, 30.10.2001, p.27)	May not be used in the manufacturing or processing of non-ferrous metals.
42.	Alkanes, C10 –C13, chloro (short-chain chlorinated paraffins)	Directive 2002/45/EC of the European Parliament and of the Council (OJ L177, 6.7.2002, p.21)	May not be placed on the market for use as substances or as constituents of other substances or preparations in concentrations higher than 1%: in metalworking; for fat liquoring of leather.
44.	Diphenylether, pentabromo derivative C12 H5 Br5 O.	Directive 2003/11/EC of the European Parliament and of the Council (OJ L42, 15.2.2003, p.45) as amended by Commission Directive 2004/98/EC (OJ L305, 1.10.2004, p.63)	1. May not be placed on the market or used as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. 2. Articles may not be placed on the market if they, or flame-retardant parts thereof, contain this substance in concentrations higher than 0.1% by mass.
45.	Diphenylether, octabromo derivative C12 H2 Br8 O.	Directive 2003/11/EC of the European Parliament and of the Council (OJ L42, 15.2.2003, p.45)	1. May not be placed on the market or used as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. 2. Articles may not be placed on the market if they, or flame-retardant parts thereof, contain this substance in concentrations higher than 0.1% by mass.
46.	(1) Nonylphenol C6 H4 (OH)C9 H19 (2) Nonylphenol ethoxylate (C2 H4 O)n C15 H24 O	Directive 2003/53/EC of the European Parliament and of the Council (OJ L178, 17.7.2003, p.24)	May not be placed on the market or used as a substance or constituent of preparations in concentrations equal or higher than 0.1% by mass for the following purposes: (1) industrial and institutional cleaning except: controlled closed dry cleaning systems where the washing liquid is recycled or incinerated, cleaning systems with special treatment where the washing liquid is recycled or incinerated; (2) domestic cleaning; (3) textiles and leather processing except: processing with no release into waste water, systems with special treatment where the process water is pre-treated to remove the organic fraction completely prior to biological waste water treatment (degreasing of sheepskin): (4) emulsifier in agricultural teat dips; (5) metal working except: uses in controlled closed systems where the washing liquid is recycled or incinerated; (6) manufacturing of pulp and paper; (7) cosmetic products; (8) other personal care products except spermicides; (9) co-formulants in pesticides and biocides except as provided under regulation 7.
49.	Trichlorobenzene CAS No 120-82-1	Directive 2005/59/EC of the European Parliament and of the Council (OJ L309, 25.11.2005, p.13)	May not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0.1% by mass for all uses except as an intermediate of synthesis; as a process solvent in closed chemical applications for chlorination reactions; or in the manufacture of 1,3,5 – trinitro – 2,4,6 – triaminobenzene (TATB).
50.	Polycyclic-aromatic hydrocarbons (PAH) 1. Benzo(a)pyrene (BaP) CAS No 50-32-8 2. Benzo(e)pyren (BeP) CAS No 192-97-2 3. Benzo(a)anthracene (BaA) CAS No 56-55-3 4. Chrysen (CHR) CAS No 218-01-9 5. Benzo(b)fluoranthene (BbFA) CAS No 205-99-2 6. Benzo(j)fluoranthene (BjFA) CAS No 205-82-3 7. Benzo(k)fluoranthene (BkFA) CAS No 207-08-9 8. Dibenzo(a, h)anthracene (DBAhA) CAS No 53-70-3	Directive 2005/69/EC of the European Parliament and of the Council (OJ L323, 9.12.2005, p.51)	1. On or after 1st January 2010, extender oils may not be placed on the market and used for the production of tyres or parts of tyres, if they contain: more than 1mg/kg BaP; or more than 10mg/kg of the sum of all listed PAHs. These limits are regarded as kept, if the polycyclic aromatics (PCA) extract is less than 3% by mass, as measured by the Institute of Petroleum standard IP346:1998 (Determination of PCA in unused lubricating base oils and asphaltene free petroleum fractions – Dimethyl sulphoxide extraction refractive index method), provided that compliance with the limit values of BaP and of the listed PAHs, as well as the correlation of the measured values with the PCA extract, is controlled by the manufacturer or importer every six months or after each major operational change, whichever is earlier. 2. Furthermore, the tyres and treads for retreading manufactured on or after 1st January 2010 may not be placed on the market if they contain extender oils exceeding the limits indicated in paragraph 1. These limits are regarded as kept, if the vulcanised rubber compounds do not exceed the limit of 0.35% Bay protons as measured and calculated by ISO 21461 (Rubber vulcanised – Determination of aromaticity of oil in vulcanised rubber compounds). 3. By way of derogation, paragraph 2 shall not apply to retreaded tyres if their tread does not contain extender oils exceeding the limits indicated in paragraph 1.
52.	Perfluorooctane sulfonates (PFOS) C8F17SO2X (X=OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers	Directive 2006/122/EC of the European Parliament and of the Council (OJ L372, 27.12.2006, p.32)	(1) From 27 June 2008, may not be placed on the market or used as a substance or constituent of preparation in a concentration equal to or higher than 0.005% by mass. (2) From 27 June 2008, may not be placed on the market in semi-finished products or articles, or parts thereof, if the concentration of PFOS is equal to or higher than 0.1% by mass calculated by reference to the mass of structurally or microstructurally distinct parts that contain PFOS or, for textiles or other coated materials, if the amount of PFOS is equal to or higher than 1 µg/m2 of the coated material. (3) By way of derogation, paragraphs (1) and (2) shall not apply to the following items, nor to substances and preparations needed to produce them: (a) photoresists or anti reflective coatings for photolithography processes, (b) photographic coatings applied to films, papers, or printing plates, (c) mist suppressants for non-decorative hard chromium (VI) plating and wetting agents for use in controlled electroplating systems where the amount of PFOS released into the environment is minimised, by fully applying relevant best available techniques developed within the framework of Council Directive 96/61/EC concerning integrated pollution prevention and control (OJ L257, 10.10.1996, p.26), as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L33, 4.2.2006, p.1), (d) hydraulic fluids for aviation. (4) By way of derogation from paragraph (1), fire-fighting foams that have been placed on the market before 27 December 2006 can be used until 27 June 2011. (5) Paragraphs (1) and (2) shall apply without prejudice to Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents (OJ L104, 8.4.2004, p.1), as last amended by Commission Regulation (EC) No 907/2006 (OJ L168, 21.6.2006, p.5).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations substitute a new Schedule 1 to the Controls on Dangerous Substances and Preparations Regulations 2006 (S.I. 2006/3311) as amended by the Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007 (S.I. 2007/1596).

In that Schedule the following are inserted—

point 19a which gives effect to Directive 2007/51/EC of the European Parliament and of the Council (OJ L257, 03.10.2007, p.13) with regard to measuring devices containing mercury; and

point 52 which gives effect to Directive 2006/122/EC of the European Parliament and of the Council (OJ L372, 27.12.2006, p.32) with regard to perfluorooctane sulfonates (PFOS).

Both these Directives amend the restrictions set out in Annex I of 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 (OJ L262, 27.9.1976, p.201).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector, and a transposition note, are available from the Chemicals and Nanotechnology Division, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and at www.defra.gov.uk. Copies have been placed in the library of each House of Parliament.

(1)

S.I. 2006/608.

(2)

1972 c. 68.

(3)

S.I. 2006/3311 as amended by S.I. 2007/1596.

(4)

S.I. 2007/1596.