Dangerous Substances (Amendment) (No. 2) Regulations, 2009 (L.N. 215 of 2009)

L.N. 215 of 2009 PRODUCT SAFETY ACT (CAP. 427) Dangerous Substances (Amendment) (No. 2) Regulations, 2009 IN exercise of the powers conferred by articles 38 to 40 of the Product Safety Act, the Minister of Finance, the Economy and Investment, on the advice of the Malta Standards Authority, has made the following regulations: Citation. S.L. 427.14 1. The title of these regulations is the Dangerous Substances (Amendment) (No.2) Regulations, 2009, and they shall be read and construed as one with the Dangerous Substances Regulations, hereinafter referred to as "the principal regulations". Scope.2. These regulations implement the provisions of Article 55 of Regulation (EC) No.1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No. 1907/2006. Amends regulation 3 of the principal regulations. 3. In regulation 3(1) of the principal regulations, in the definition "the Directive", immediately after item (xxxviii) thereof, there shall be added the following new item: "(xxxix) Article 55(11) of Regulation (EC) 1272/2008 (OJ L 353, 31.12.2008, p. 1–1355).". Amends regulation 5 of the principal regulations. 4. Regulation 5 of the principal regulations shall be amended as follows: (a) for sub-regulation (3) thereof, there shall be substituted the following: "(3) Where an entry containing the harmonized classification and labelling for a particular substance has been included in Part 3 of Annex VI to 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, the substance shall be classified in accordance with that entry and paragraphs 1 and 2 shall not apply to the danger categories covered by that entry."; and VER|JONI ELETTRONIKA B 2691 Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,460, 31 ta’ Lulju, 2009 Taqsima B B 2692 (b)sub-regulation (4) shall be deleted. Substitutes regulation 7 of the principal regulations. 5.For regulation 7 of the principal regulations there shall be substituted the following: Amends regulation 8 of the principal regulations. 6.Sub-regulation (2) of regulation 8 of the principal regulations shall be deleted, and sub-regulation (1) thereof shall be renumbered as the whole regulation. Amends regulation 9 of the principal regulations. 7.In points (a), (c), (d), (e) and (f) of regulation 9(2) of the principal regulations, for the words ''Annex I of the Directive'' there shall be substituted the words ''Part 3 of Annex VI to Regulation (EC) No 1272/2008''. Amends regulation 10 of the principal regulations. 8.For sub-regulation (4) of regulation 10 of the principal regulations there shall be substituted the following: ''(4)The information required on the label under regulation 11 shall stand out clearly from its background and shall be of such size and spacing as to be easily read.''. Adds new regulation 15 to the principal regulations. 9.Immediately after regulation 14 of the principal regulations there shall be added the following new regulation: ''Obligation to carry out investigations. 7.Manufacturers, distributors and importers of substances which appear in the EINECS but for which no entry has been included in Part 3 of Annex VI to Regulation (EC) No 1272/2008 shall carry out an investigation to make themselves aware of the relevant and accessible data which exist concerning the properties of such substances. On the basis of this information, they shall package and provisionally label dangerous substances according to the rules laid down in Articles 22 to 25 of the Directive Directive and the criteria in Annex VI to the Directive.''. ''Transitional provision regarding labelling and packaging of substances. 15.Regulations 8 to 11 shall not apply to substances from the 1st of December, 2010.''. Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) Valletta - Published by the Department of Information - (doi.gov.mt) - Valletta Mitbug] fl-Istamperija tal-Gvern fuq karta ri`iklata - Printed at the Government Printing Press on recycled paper Prezz/Price €0.09 VER|JONI ELETTRONIKA 0