Chemicals (Amendment) Act, 2010

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CitationIR No. 32/2010


CHEMICALS (AMENDMENT) ACT 2010

2010 Number 32

AN ACT TO AMEND THE CHEMICALS ACT 2008 AND THE SAFETY, HEALTH AND WELFARE AT WORK ACT 2005; AND TO PROVIDE FOR RELATED MATTERS.

[24th November 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

S-1 Definition.

1 Definition.

1.— In this Act "Principal Act" means the Chemicals Act 2008 .

S-2 Amendment of section 2 of Principal Act.

2 Amendment of section 2 of Principal Act.

2.— Subsection (1) of section 2 of the Principal Act is amended by—

(a) substituting the following definition for the definition of "chemical":

" 'chemical' includes—

(a) a chemical, preparation or article within the meaning of the Rotterdam Regulation,

(b) a detergent within the meaning of the Detergents Regulation,

(c) a substance, preparation or article within the meaning of the REACH Regulation,

(d) a substance, mixture or article within the meaning of the CLP Regulation, and

(e) a dangerous substance within the meaning of—

(i) Council Directive 96/82/EC of 9 December 1996 on the control of major accident hazards involving dangerous substances, and

(ii) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;",

(b) inserting the following definition:

" 'CLP Regulation' means Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures ;",

(c) substituting the following definition for the definition of "Detergents Regulation":

" 'Detergents Regulation' means Regulation (EC) No. 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents ;",

(d) substituting the following definition for the definition of "European Regulations":

" 'European Regulations' means—

(a) the Rotterdam Regulation,

(b) the Detergents Regulation,

(c) the REACH Regulation, and

(d) the CLP Regulation;",

(e) substituting the following paragraph for paragraph (b) of the definition of "national authority":

"(b) a competent authority in the State under section 8(2), 8(3) or 8(3A) (inserted by section 4 of the Chemicals (Amendment) Act 2010), or",

(f) substituting the following definition for the definition of "REACH Regulation":

" 'REACH Regulation' means Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency;",

and

(g) substituting the following definition for the definition of "Rotterdam Regulation":

" 'Rotterdam Regulation' means Regulation (EC) No. 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals;".

S-3 Amendment of section 5 of Principal Act.

3 Amendment of section 5 of Principal Act.

3.— Section 5 of the Principal Act is amended—

(a) in subsection (2), by substituting the following paragraph for paragraph (a):

"(a) the manufacture, classification, labelling, packaging, export, import, placing on the market, testing, storage, transport, use or disposal of chemicals, or",

(b) in subsection (3), by—

(i) substituting the following paragraph for paragraph (a):

"(a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this section, the Act of 1972 and the European Communities Act 2007 ),",

(ii) deleting subparagraph (i) of paragraph (b), and

(iii) substituting "national authority or competent authority" for "national authority" in paragraph (d),

and

(c) by deleting subsection (7).

S-4 Amendment of section 8 of Principal Act.

4 Amendment of section 8 of Principal Act.

4.— Section 8 of the Principal Act is amended—

(a) by substituting the following paragraph for paragraph (c) of subsection (2):

"(c) Beaumont Hospital Board, for the purposes only of Article 9(3) of that Regulation;",

and

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