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Regulations

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Background

Recent Changes

The Future!

Background

The hazard determination and communication requirements for supply of products containing dangerous materials in Europe are set out in a series of EU directives and regulations.  The base directives/regulations are:

  • The Dangerous Substances Directive 67/548/EEC

  • The Dangerous Preparations Directive 1999/45/EC

  • REACH Regulation (EC) No 1907/2006 Annex II - Safety Data Sheets

The directives have been amended and updated for technical progress on a number of occasions.  Collectively, they define criteria for physical, health and environmental hazards determination and specify the communication tools, including symbols, that must be used to advise users of the hazards and safety measures that apply.

Other directives relating to the safe use and disposal of hazardous materials include:

  • Restrictions on Marketing and Use Directive 76/769/EEC

  • Chemical Agents in the Workplace Directive 98/24/EC

  • Control of Major Accidents involving Dangerous Substances 96/82/EC

  • Hazardous Waste Directive 91/689/EEC

Legal effect and powers of enforcement are established through transposition of the directives into national laws of the member states.

Regulations for supply outside the EU are significantly different at present.  Principal among these are the US Hazard Communication Standard and the Canadian Workplace Hazardous Materials Identification System.

Separate regulations apply to the transport of dangerous goods. As they are based on UN Model Regulations for the Transport of Dangerous Goods, effective global harmonisation has already been achieved.  There is also a large degree of harmony between the different transport modes (road, rail, sea and air).  The actual regulations are set out in the:

  • IMDG Code - Maritime transport

  • ICAO-TI or IATA Dangerous Goods Regulations - Air Transport

  • ADR - Road Transport in Europe

  • RID - Rail Transport in Europe

  • DOT Regulations 49 CFR - US Transport Regulations

 

 

Recent Changes

Update of hazard determination and communication regulations is a dynamic process that is driven by developments in technical progress, availability of new data and the desire to achieve greater harmonisation between systems. The most important recent changes are summarised as follows:

REACH Regulation (EC) No 1907/2006
After considerable discussion and negotiation, the final REACH regulation was published in the Official EU Journal on the 18th December 2006.  This requires manufactures and importers to go through a process for

  • registration,
  • evaluation and
  • authorisation of chemicals,
    subject to quantity thresholds.

A Fundamental element is that all existing chemicals being placed on the EU market in excess of 1 Ton per enterprise per annum must now be registered.  Registration requires the submission of the same type of information as was previously only required for notification of new substances i.e. substances placed on the market after 1981.  Responsibility for registration rests with the Manufacturers of chemical substances in the EU and Importers who import either substances or products containing substances from outside the EU.  Non-EU manufacturers may appoint an EU-based Only Representative to prepare registrations on their behalf, and thus maintain access to EU markets. 

Various phase in period are allowed, depending on the quantities and hazards involved.  Potential registrants must Pre-register between 1st June 2008 and 1st December 2008 in order to avail of the phase-in period and have the opportunity to share registration costs with other registrants.

The first elements of the regulation already came into force on 1 June 2007, with the introduction of an altered format for Safety Data Sheets, whereby the order of information in sections 2 and 3 are reversed.  Many Safety Data Sheets will require further changes as a result of industry-harmonised classifications, or the annexing of Exposure Scenarios, once Chemical Safety Assessments / Chemical Safety Reports have been completed for the registration of substances in excess of 10T/yr.

ADR 2007 Applicable from January 2007

  • Introduced restrictions by tunnel categories for carriage of dangerous goods through tunnels
     
  • New symbol for Class 5.2 organic peroxides
     
  • Classification of Class 3 and Class 6.1 harmonised to GHS criteria

Directive 2004/73/EC The 29th Adaption to Technical Progress of the Dangerous Substances Directive 67/548/EEC

  • This directive introduced the latest changes to Annex I, the  list of official EU classifications of substances.  It includes significant changes to the classification of some substances e.g. Toluene a solvent widely used in paints and adhesives is changed from R 11-20 to R 11-38-48/20-63-65-67. 

Directive 2001/59/EC The 28th Adaption to Technical Progress of the Dangerous Substances Directive 67/548/EEC

  • Introduced separate risk phrases for Category 3 carcinogens and mutagens
    R40 may cause cancer.
    R68 risk of irreversible effects
     
  • Provided more stringent guidelines on the use of extreme pH as a means of predicting the corrositivity of substances and preparations

Directive 1999/45/EC The ‘New’ Dangerous Preparations Directive

  • Classification of preparations on the basis of environmental hazards is now mandatory. (previously only physical and health hazards had to be considered)
     
  • Labelling requirements expanded by introducing new ‘special’ phrases that may be necessary even when a preparation is not classified as dangerous e.g. declaration that a preparation contains sensitisers or that SDS are available to profession users.
     
  • Safety Data Sheets required for preparations not classified as dangerous that contain in an individual concentration of
     -   1 % or more by weight for non-gaseous preparations or
     -   0,2 % or more by volume for gaseous preparations
    at least one substance posing health or environmental hazards, or one substance for which there are Community workplace exposure limits.

The Future!

Globally Harmonised System A UN sponsored initiative has culminated in the publication of a Globally Harmonised System (GHS) for hazard identification and communication.  It is anticipated that this will be universally adopted starting in 2008.  Legislative proposals have been published in Europe and the US.

 


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