Memorandum by the Department
of Trade and Industry
1999 (S.I. 1999/3193)
1999 (S.I. 1999/3194)
The Committee by letter dated 15
December 1999 has requested a memorandum on the following points:
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
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
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