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Joint Committee on Statutory Instruments Sixth Report


Memorandum by the Department of Trade and Industry

(AMENDMENT) (NO. 2) REGULATIONS 1999 (S.I. 1999/3193)

(NO. 3) REGULATIONS 1999 (S.I. 1999/3194)

The Committee by letter dated 15 December 1999 has requested a memorandum on the following points:

      (1)  Regulation 2 of S.I. 1999/3193 substitutes a new Schedule 2 to the 1994 Regulations (S.I. 1994/2844). The new Schedule 2 includes a fifth "Notes" column which did not appear in the earlier version. Identify the document which contains these lettered Notes and explain why they are not incorporated (or referred to) in these Regulations so as to complete the new Schedule 2.

      (2)  A corresponding question as respects new Part III of Schedule 6 to the 1994 Regulations (S.I. 1994/3247) substituted by Regulation 2 of S.I. 1999/3194.

  1. On point 1, the Regulations combined with S.I. 1999/3139 implement Directive 97/56/EC (OJ No. L333, 4.12.97, p1). The document which contains the lettered "Notes" is the Annex to Directive 97/56/EC. The Foreword to that Annex explains that the notes included there are extracted from the notes to Annex 1 of Directive 67/548/EEC. The contents of Annex 1 of Directive 67/548/EEC (including the notes) are contained in the approved supply list which is incorporated into the regime governed by the Chemicals (Hazard Information and Packaging for Supply) Regulations S.I. 1994/3247 ("CHIP Regulations") (regulation 4). Reference to the current edition of the approved supply list is substituted by S.I. 1999/3165.

  2. In so far as the notes are intended to have legal effect, this is achieved by their inclusion in the approved supply list. Regulation 6A of the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 (S.I. 1994/2844) (inserted by 1996/2635) prohibits the supply of substances listed in Schedule 2 where the concentration of the substance is equal to or greater than the "prescribed concentration" for that substance.

  3. "Prescribed concentration" is defined in regulation 1(2) of the 1994 Regulations (as amended by the 1996 regulations) to mean (inter alia) the concentration specified in the approved supply list, which in turn is defined as having the same meaning as in the CHIP Regulations.

  4. It was not necessary to refer to them in Schedule 2 as substituted by the present Regulations. The Department apologies for this error.

  5. Users of the present Regulations are necessarily familiar with the contents of the approved supply list and the inclusion in the fifth column of the letter referring to the notes is unlikely to cause any confusion. However, the Department will take the next available opportunity of remedying the matter.

  6. On point 2, Regulation 3A of the CHIP Regulations (inserted by S.I. 1996/1092) which imposes a labelling requirement in respect of substances specified in Part III of Schedule 6 to the CHIP Regulations applies to substances which are required to be classified and labelled in accordance with those Regulations. These requirements are imposed on substances listed in the approved supply list (regulations 5, 9 and 10 of the CHIP Regulations.).

  7. Again, therefore, in so far as the notes have any legal effect, this is achieved by their inclusion in the approved supply list. Comments in paragraph 4 and 5 above apply equally here.

11 January 2000

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