Dangerous Substances and Preparations (Restrictions) Regulations, 2001 (L.N. No. 152 of 2001)

Citation and commencement. Applicability. Definitions. Restrictions on marketing. L.N. 152 of 2001 PRODUCTSAFETYAC~2001 (ACT NO. V OF 2001) Dangerous Substances and Preparations (Restrictions) Regulations, 2001 IN exercise of the powers conferred by article 38 of the Product Safety Act, the Minister for Economic Services, on the advice of the Malta Standards Authority, has made the following regulations: 1.1 The title of these regulations is the Dangerous Substances and Preparations (Restrictions) Regulations, 2001. 1.2 These regulations shall come into effect on the 1st July, 2001. 2.1 These regulations shall apply to the marketing and use of the dangerous substances and preparations listed in the Schedules. 2.2 These regulations shall not apply to: (a) the carriage of dangerous substances and preparations by rail, road, inland waterway, sea of air; (b) dangerous substances and preparations intended for export; ( c) substances and preparations in transit and subject to customs inspection, provided that they undergo no processing. 3.1 For the purposes of these regulations, the following definitions shall apply, unless the context otherwise requires: (a) "substances" means chemical elements and their compounds as they occur in the natural state or as produced by industry; (b) "preparations" means mixtures or solutions composed of two or more substances. 4.1 The dangerous substances and preparations listed in the Schedules to these regulations may only be placed on the market or used subject to the conditions specified therein. 4.2 The provisions of regulation 4.1 shall not apply to marketing or use for research and development or analysis purposes. B 1179 5.1 The Foodstuffs Chemicals and Cosmetics Directorate of the Refere~ce! to . , Counctl Directive Malta Standards Authority shall make available to the general public 76n691FJ:.C. an updated copy of the Appendix to Council Directive 76n69/EEC containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2 as referred to in points 29, 30 and 31 of the Schedule to these regulations. First Schedule Restrictions on Dangerous Substances and Preparations Designation of the substance, of Conditions of restriction the groups of substances or of the preparation 1. - Polychlorinated biphenyls (PCB) May not be used. except mono- and dichlorinated biphenyls Polychlorinated terphenyls (PCTs) Preparations, including waste oils, with a PCB or PCT content higher than 0.005 % by weight 2. Chloro-1-ethylene (monomer vinyl May not be used as aerosol propellan1 chloride) for any use whatsoever. 3. Liquid substances or preparations, I. May not be used: which are regarded as dangerous - ornamental objects intended tc according to the definitions in Article produce light or colour effects by 2(2) and the criteria in Annex VI, Part means of different phases, for example Il.D to Council Directive 67 /548/EEC in ornamental lamps and ashtrays. of27 June 1967 on the approximation - tricks.jokes. of laws, regulations and administrative - games for one or more participants, provisions relating to the classification, or any object intended to be used as packaging and labelling of dangerous such, even with ornamental aspects. substances (1), as adapted to technical 2. Without prejudice to the above, progress by Commission Directives substances and preparations which: 93/21/EEC (2) and 96/54/EC (3) - present an aspiration hazard and are labelled with R65, and 10J No L 196, 16.8.1967, p.1 i 01 No L 110, 4.5.1993, p.20 'OJ L 248, 30.9.1996, p.l can be used as fuel in decorative lamps, and are placed on the market i11 packaging of a capacity of 15 litres 01 less, may not contain a colouring agent, unless required for fiscal reasons, or perfume or both. Without prejudice to the application oi other provisions on the classification packaging and labelling of dangerous substances and preparations, the packaging of substances ano preparations covered by paragraph 2,where intended for use in lamps, must be marked legibly and indelibly as follows: "Keep lamps filled with this liquid out of the reach of children". Designation of the substance, of Conditions of restriction the groups of substances or of the preparation 4. Tris (2,3 dibromopropyl) phosphate, May not be used in textile articles, such CAS No (Chemical Abstract Service as garments, undergarments and linen, Number) 126-72-7 intended to come into contact with the skin. 5. Benzene CAS No. (Chemical Abstract Not permitted in toys or parts of toys Service Number) 71-43-2 as placed in the market where the concentration of benzene in the free state is in excess of 5 mg/kg of the weight of the toy or part of toy. 6. Asbestos fibres May not be used in concentrations equal to, or greater than, 0.1 % by mass in substances or preparations placed on the market. However, this provision shall not apply to: (a) motor fuels which are covered by Directive 85/210/EEC; (b) substances and preparations for use in industrial processes not allowing for the emission of benzene in quantities in excess of those laid down in existing legislation; (c) waste covered by Directives 75/ 442/EEC (4) and 78/319/EEC (5) 6.1 Crocidolite, CAS No 12001-28-4 6.1 The placing on the market and use Amosite, CAS No 12172-73-5 of these fibres and of products Anthophyllite asbestos, CAS No containing these fibres intentionally 77536-67-5 added shall be prohibited. Actinolite asbestos, CAS No 77536 66-4 Tremolite asbestos, CAS No 77536 68-6 6.2 Chrysotile, CAS No 12001-29-5 •OJ No L 194, 25.7.1975, p.39 'OJ No L 84, 31.3.1978, p.43 6.2 The placing on the market and use of products containing this fibre shall be prohibited for: (a) toys; (b) materials or preparations intended to be applied by spraying; (c) finished products which are retailed to the public in powder form; Designation of the substance, of the groups of substances or of the preparation 7. [ deleted] 8. Tris-aziridinyl)-phosphinoxide CAS No 5455-55-1 9. Polybromobiphenyls (PBB) CAS No 59536-65-1 Conditions of restriction (d) items for smoking such as tobacco pipes and cigarette and cigar holders; · (e) catalytic filters and insulation devices for incorporation in catalytic heaters using liquefied gas; (f) paints and varnishes; (g) filters for liquids; (h) road surfacing material where the fibre content is greater than 2 %; (i) mortars, protective coatings, fillers, sealants, jointing compounds, mastics, glues, decorative powders and finishes; (j) low density insulating or soundproofing materials ( density less than 1 g/cm3); (k) air filters and filters in transport distribution and utilization of natural gas and town gas; (1) underlays for plastic floor and wall coverings; (m) textiles finished in the form intended to be supplied to the end user unless treated to avoid fibre release; (n) roofing felt. [deleted] May not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin. May not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin. 10. Soap bark powder (Quillaja May not be used in jokes and hoaxes saponaria) and its derivatives or in objects intended to be used as containing saponines such, for instance as a constituent of sneezing powder and stink bombs. Powder of the roots of Helleborus viridis and Helleborus niger Designation of the substance, of Conditions of restriction the groups of substances or of the preparation Powder of the roots of Veratrum album and Veratrum nigrum Benzidine and/or its derivatives o-nitrobenzaldehyde CAS No 552-89-6 Wood powder 11. Ammonium sulphide and ammonium May not be used in jokes and hoaxes hydrogen sulphide or in objects intended to be used as CAS No 12135-76-1 such, for instance as a constituent of CAS No 12124-99-1 sneezing powder and stink bombs. Ammonium polysulphide CAS No 12259-92-6 12. Volatile esters of bromoacetic acids: May not be used in jokes and hoaxes or in objects intended to be used as Methyl bromoacetate such, for instance as a constituent of CAS No 96-32-2 sneezing powder and stink bombs. Ethy 1 bromoacetate CAS No 105-36-2 Propyl bromoacetate Butyl bromoacetate 13. 2-naphthylamine May not be used in concentrations CAS No 91-59-8 and its salts equal to or greater than 0.1 % by weight in substances and preparations placed on the market. However, this provision shall not apply to waste containing one or more of these substances and covered by Directives 75/442/EEC and 78/319/EEC. Such substances and preparations may not be sold to the general public. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legibly and indelibly marked as follows: "Restricted to professional users". Designation of the substance, of Conditions of restriction the groups of substances or of the preparation 14. Benzidine May not be used in concentrations CAS No 92-87-5 and its salts equal to or greater than 0.1 % by weight in substances and preparations placed on the market. However, this provision shall not apply to waste containing one or more of these substances and covered by Directives 75/442/EEC and 78/319/ EEC. Such substances and preparations may not be sold to the general public. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legibly and indelibly marked as follows: "Restricted to professional users". 15. 4-nitrobiphenyl May not be used in concentrations CAS No 92-93-3 equal to or greater than 0.1 % by weight in substances and preparations placed on the market. However, this provision shall not apply to waste containing one or more of these su bstarices and covered by Directives 75/442/EEC and 78/319/ EEC. Such substances and preparations may not be sold to the general public. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legibly and indelibly marked as follows: "Restricted to professional users". 16. 4-aminobipheny l May not be used in concentrations CAS No 92-67-1 and its salts equal to or greater than 0.1 % by Designation of the substance, of Conditions of restriction the groups of substances or of the preparation weight in substances and preparations placed on the market. However, this provision shall not apply to waste containing one or more of these substances and covered by Directives 75/442/EEC and 78/319/ EEC. Such substances and preparations may not be sold to the general public. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legibly. and indelibly marked as follows: "Restricted to professional users". 17. Lead carbons: May not be used as substances and constituents of preparations intended neutral anhydrous carbonate for use as paints, except for the PbCO3, CAS No 598-63-0 restoration and maintenance of works lead hydrocarbonate of art and historic buildings and their PbCO3.Pb(OH)2, CAS No 1319-46-6 interiors, authorized in accordance with the provision of ILO Convention 13 on the use of white lead in paint. 18 .. Lead sulphates: May not be used as substances and constituents of preparations intended PbS04 (1:1) for use as paints, except for the CAS No 7446-14-2 restoration and maintenance of works PbxS04 of art and historic buildings and their CAS No 15739-80-7 interiors, authorized in accordance with the provision of ILO Convention 13 on the use of sulphates of lead in paint. 19. Mercury compound May not be used as substances and constituents of preparations intended for use: (a) to prevent the fouling by micro organisms, plants or animals of: the hulls of boats, cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, Designation of the substance, of the groups of substances or of the preparation 20. Arsenic compounds 21. Organostannic compounds Conditions of restriction any totally or partly submerged appliances or equipment; (b) in the preservation of wood; (c) in the impregnation of heavy duty industrial textiles and yarn intended for their manufacture; (d) in the treatment of industrial waters, irrespective of their use. 1. May not be used as substances and constituents of preparations intended for use: (a) to prevent the fouling by micro organisms, plants or animals of: the hulls of boats, cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, any totally or partly submerged appliances or equipment; (b) in the preservation of wood; In this case, the ban does not apply to solutions of inorganic salts of the CCA (copper-chromium-arsenic) type employed in industrial installations using vacuum or pressure to impregnate wood. 2. May not be used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use. 1. May not be used as substances and constituents of preparations intended for use to prevent the fouling by micro organisms, plants or animals of: (a) the hulls of boats of an overall length, as defined by ISO 8666, of less than 25 metres; (b) cages, floats, nets and any other appliances or equipment used for fish or shellfish farming; (c) any totally or partly submerged appliances or equipment. Designation of the substance, of the groups of substances or of the preparation 22. di-µ-oxo-di-n butylstanniohydroxyborane (DBB) (C8H 19B03Sn), CAS No 75113-37-0 23. Pentachlorophenol (CAS No 87-86-5) and its salts and esters Conditions of restriction Such substances and preparations may be placed on the market only in packaging of a quantity equal to or greater than 20 litres, may not be sold to the general public but only to professional users. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legibly and indelibly marked as follows: Not to be used on boats of an overall length of less than 25 metres or on any appliances or equipment used in fish or shellfish farming. Restricted to professional users. 2. May not be used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use. Shall be prohibited in a concentration equal to or greater than 0.1 % in substances and constituents of preparations placed on the market. However, this provision shall not apply to this substance (DBB) or preparations containing it if these are intended solely for conversion into finished products, among which this substance will no longer feature in a concentration equal to or greater than 0.1 %. Shall not be used in a concentration equal to or greater than 0.1 % by mass in substances or preparations placed on the market. By way of exception, this provision shall not apply to substances and preparations intended for use in industrial installations not permitting the emission and/or discharge of pentachlorophenol (PCP) in quantities Designation of the substance, of the groups of substances or of the preparation Conditions of restriction greater than those prescribed by existing legislation: (a) in the treatment of wood. However, treated wood may not be used: inside buildings whether for decorative purposes or not whatever their purpose (residence, employment, leisure); for the manufacture of containers intended for growing purposes and any re-treatment and the manufacture of packaging which may come into contact with or other materials which may contaminate raw, intermediate and/or finished products intended for human and/or animal consumption and any re-treatment; (b) in the impregnation of fibres and heavy-duty textiles not intended in any case for clothing or for decorative furnishings; (c) as a synthesizing and/or processing agent in industrial processes; In any case: (a) Pentachlorophenol used alone or as a component of preparations employed within the framework of the above exceptions must have a total hexachlorodibenzoparadioxin (H6CDD) content below four parts per million (ppm); (b) these substances and preparations may not: be placed on the market except in packages of 20 litres or more; be sold to the general public. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous Designation of the substance, of the groups of substances or of the preparation Conditions of restriction substances and preparations, the packaging of such preparations shall be clearly and indelibly marked as follows: "Reserved for industrial and professional use". In addition, this provision shall not apply to waste covered by Directives 75/442/EEC and 78/319/EEC. 24. Cadmium (CAS No 7440-43-9) and its 1.1 May not be used to give colour compounds to finished products manufactured from the substances and preparations listed below: polyvinyl chloride (PVC) [3904 10] [3904 21] [3904 22] (6) polyurethane (PUR) [3909 50] low density polyethylene (Id PE), with the exception of low-density polyethylene used for the production of coloured masterbatch [3901 10] cellulose acetate (CA) [3912 11] [3912 12] cellulose acetate butyrate (CAB) [3912 11] [3912 12] epoxy resins [3907 30] In any case, whatever their use or intended final purpose, finished products or components of products manufactured from the substances and preparations listed above coloured with cadmium may not be placed on the market if their cadmium content (expressed as Cd metal) exceeds 0.01 % by mass of the plastic material. 1.2 Section 1.1 also applies for: (a) finished products manufactured from the following substances and preparations: • Council Regulation (EEC) No 2658/87 of23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ No L 256, 7.9.1987). Designation of the substance, of the groups of substances or of the preparation Conditions of restriction melamine-formaldehyde (MF) [3909 20] urea-formaldehyde (UF) [3909 10] unsaturated polyesters (UP) [3907 91) polyethylene terephthalate (PET) (3907 60] polybutylene terephthalate (PBT) transparent/general-purpose polystyrene [3903 11] [3903 19] acrylonitrile methylmethacrylate (AMMA) cross-linked polyethylene (VPE) high-impact polystyrene polypropylene (PP) [3902 10] (b) paints [3208) [3209] However, if the paints have a high zinc content, their residual concentration of cadmium must be as low as possible and at all events not exceed 0.1 % by mass. 1.3 However, Sections 1.1 and 1.2 do not apply to products to be coloured for safety reasons. 2.1 May not be used to stabilize the finished products listed below manufactured from polymers or copolymers of vinyl chloride: packaging materials (bags, containers, bottles, lids) [3923 29 10) [3920 41] [3920 42] office or school supplies [3926 10] fittings for furniture, coachwork or the like [3926 30] articles of apparel and clothing accessories (including gloves) [3926 20] floor and wall coverings [3918 10] impregnated, coated, covered or laminated textile fabrics [5903 10] imitation leather [4202] Designation of the substance, of the groups of substances or of the preparation Conditions of restriction gramophone records [8524 10] tubes and pipes and their fittings [391723] swing doors vehicles for road transport (interior, exterior, underbody) coating of steel sheet used in construction or in industry insulation for electrical wiring In any case, whatever their use or intended final purpose, the placing on the market of the above finished products or components of products manufactured from polymers or copolymers of vinyl chloride, stablized by substances containing cadmium is prohibited, if their cadmium content (expressed as Cd metal) exceeds 0.01 % by mass of the polymer. 2.2 However, Section 2.1 does not apply to finished products using cadmium-based stablizers for safety reasons. 3. Within the meaning of these regulations, "cadmium plating" means any deposit or coating of metallic cadmium on a metallic surface. 3.1 May not be used for cadmium plating metallic products or components of the products used in the sectors/applications listed below. (a) equipment and machinery for: food production: [8210] [8417 20] [8419 81] [8421 11] [8421 22] [8422] [8435] [8437] [8438] [8476 11] agriculture: [8419 31] [8424 81] [8432] [8433] [8434] [8436] cooling and freezing: [8418] Designation of the substance, of the groups of substances or of the preparation Conditions of restriction printing and book-binding: [8440] [8442] [8443] (b) equipment and machinery for the production of: household goods [7321] [8421 12] [8450] [8509] [8516] furniture [8465] [8466] [9401] [9402] [9403] [9404] sanitary ware [7324] central heating and air conditioning plant [7322] [8403] [8404] [8415] In any case, whatever their use or intended final purpose, the placing on the market of cadmium-plated products or components of such products used in the sectors/ applications listed in (a) and (b) above and of products manufactured in the sectors listed in (b) above is prohibited. 3.2 The provisions referred to in section 3.1 are also applicable to cadmium-plated products or components of such products when used in the sectors/applications listed in (a) and (b) below and to products manufactured in the sectors listed in (b) below: ( a) equipment and machinery for the production of: paper and board [8419 32] [8439] [8441] textiles and clothing [8444] [8445] [8447] [8448] [8449] [8451] [8452] (b) equipment and machinery for the production of: industrial handling equipment and machinery [8425] [8426] [8427] [8428] [8429] [8430] [8431] road and agricultural vehicles [ chapter 87] Designation of the substance, of the groups of substances or of the preparation 25. Monomethyl-tetrachlorodiphenyl methane Trade name: U gilec 141 CAS No 76253-60-6 26. Monomethyl-dichloro diphenylmethane Trade name: Ugilec 121, Ugilec 21 CAS No - unknown 27. Monomethyl-dibromo diphenylmethane Trade name: DBBT CAS No 99688-47-8 28. Nickel CAS No 7440-02-0 EINECS No 2311114 and its compounds Conditions of restriction rolling stock [chapter 86] vessels [chapter 89] 3.3 However, Sections 3.1 and 3.2 do not apply to: products and components of the products used in the aeronautical, aerospace, mining, offshore and nuclear sectors whose applications require high safety standards and in safety devices in road and agricultural vehicles, rolling stock and vessels, electrical contacts in any sector of use, on account of the reliability required of the apparatus on which they are installed. The marketing and use of this substance and of preparations and products containing it shall be prohibited. By way of exception, this provision shall not apply: (1) in the case of plant and machinery already in service on 18 June 1994 until such plant and machinery is disposed of; (2) in the case of the maintenance of plant and machinery already in service on 18 June 1994. The placing on the second hand market of this substance, preparations containing this substance and plant/ machinery containing this substance, is prohibited. The marketing and use of this substance and of preparations and products containing it shall be I orohibited. The marketing and use of this substance and of preparations and products containing it shall be prohibited. May not be used: (1) in post assemblies which are inserted into pierced ears and other Designation of the substance, of Conditions of restriction the groups of substances or of the preparation pierced parts· of the human body during epithelization of the wound caused by piercing, whether subsequently removed or not, unless such post assemblies are homogenous and the concentration of nickel - expressed as mass of nickel to total mass - is less than 0.05 %; (2) in products intended to come into direct and prolonged contact with the skin such as: earrings, necklaces, bracelets and chains, anklets, finger rings, wrist-watch cases, watch straps and tighteners, rivet buttons, tighteners, rivets, zippers and metal marks, when these are used in garments if the rate of nickel release from the parts of these products coming into direct and prolonged contact with the skin is greater than 0.5 µg/cm2/week; (3) in products such as those listed in point 2 where these have a non nickel coating unless such coating is sufficient to ensure that the rate of nickel release from those parts of such products coming into direct and prolonged contact with the skin will not exceed 0.5 µg/cm2/week for a period of at least two years of normal use of the product. Furthermore, products which are the subject of points 1, 2 and 3 may not be placed on the market unless they conform to the requirements set out in those points. 29. Substances which appear in Annex I May not be used in substances and to Directive 67 /548/EEC classified as preparations placed on the market for carcinogen category 1 or carcinogen sale to the general public in individual category 2 and labelled at least as concentration equal to or greater than: ''Toxic (T)" with risk phrase R45: - either the concentration specified in Annex 1 to Directive 67 /548/EEC, or Designation of the substance, of the groups of substances or of the preparation Conditions of restriction "May cause cancer" or risk phrase - the concentration specified in point R49: "may cause cancer by 6,TableVI,ofAnnexltoDirective88/379/ inhalation", and listed as follows: EEC where no concentration limit appears in Annex 1 to Directive 67 /548/EEC. Carcinogen category 1 See List 1 in the Without prejudice to the Appendix to Council Directive 76n69/ implementation of other provisions EEC Carcinogen category 2 relating to the classification, packaging and labelling of dangerous substances See List 2 in the Appendix to Council and preparations, the packaging of Directive 76n69/EEC such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users. Attention - Avoid exposure obtain special instructions before use''. This provision shall not apply to: (a) medicinal or veterinary products as defined by Directive 65/65/EEC (7); (b) cosmetic products as defined by the Cosmetic Products Order 2000 (L.N. 204 of 2000); ( c) motor fuels which are covered by Directive 85/210/EEC (8), ( d) mineral oil products intended for use as fuel in mobile or fixed combustion plants, ( e) fuels sold in closed systems ( e.g. liquid gas bottles), (t) other substances and preparations listed in this Schedule, under points other than 30 and 31; (g) artists' paints covered by Directive 88/379/EEC (9) 30. Substances which appear in Annex I May not be used in substances and to Directive 67 /548/EEC classified as preparations placed on the market for mutagen category 1 or mutagen sale to the general public in individual category 2 and labelled with risk concentration equal to or greater than: phrase R46: "May cause heritable - either the concentration specified in genetic damage", and listed as follows: Annex 1 to Directive 67 /548/EEC, or the concentration specified in point 6, Mutagen category 1 Table VI, of Annex I to Directive 88/379/ See List 3 in the Appendix to Council EEC where no concentration limit appears Directive 76n69/EEC in Annex 1 to Directive 67/548/EEC. 1 OJ No 22. 9.2.1965, p.369/65. • OJ No L 96, 3.4.1985, p.25 9 OJ No L 187, 16.7.1988, p.14. Designation of the substance, of the groups of substances or of the preparation Conditions of restriction Mutagen category 2 Without prejudice to the See List 4 in the Appendix to Council implementation of other provisions Directive 76n69/EEC relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users. Attention Avoid exposure - obtain special instructions before use". This provision shall not apply to: (a) medicinal or veterinary products as defined by Directive 65/65/EEC (10); (b) cosmetic products as defined by the Cosmetic Products Order 2000 (L.N. 204 of 2000); ( c) motor fuels which are covered by Directive 85/210/EEC (11); (d) mineral oil products intended for use as fuel in mobile or fixed combustion plants; (e) fuels sold in closed systems (e.g. liquid gas bottles); (f) other substances and preparations listed in this Schedule, under points other than 30 and 31; (g) artists' paints covered by Directive 88/379/EEC (12). 31. Substances which appear in Annex I May not be used in substances and to Directive 67 /548/EEC classified as preparations placed on the market for toxic for reproductive purposes sale to the general public in individual category 1 or toxic for reproductive concentration equal to or greater than: ~uiposes catego? 2 ~d la~elled ~it?, - either the concentration specified nsk phrase R60: May nnpair fertibty in Annex 1 to Directive 67 /548/EEC, and/or R61: "May cause harm to the or unborn child", and listed as follows: the concentration specified in point Toxic for reproductive purposes 6, Table VI, of Annex I to Directive category 1 ~8/~79/EEC ~here no conce~tra~on See List 5 in the Appendix to Council hnut appears m Annex 1 to Directive Directive 76n69/EEC 67/548/EEC. 10 OJ No 22, 9.2.1965, p.369(65. 11 OJ No L 96, 3.4.1985, p.25 12 OJ No L 187, 16.7.1988, p.14. Designation of the substance, of the groups of substances or of the preparation Conditions of restriction Toxic for reproductive purposes Without prejudice to the category 2 implementation of other provisions relating to the classification, packaging See List 6 in the Appendix to Council and labelling of dangerous substances Directive 76/769/EEC and preparations, the packaging of such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users. Attention - Avoid exposure obtain special instructions before use". This provision shall not apply to: (a) medicinal or veterinary products as defined by Directive 651651EEC (13)-, (b) cosmetic products as defined by the Cosmetic Products Order 2000 (L.N. 204 of 2000); (c) motor fuels which are covered by Directive 85/210/EEC (14); (d) mineral oil products intended for use as fuel in mobile or fixed combustion plants; ( e) fuels sold in closed systems ( e.g. liquid gas bottles); (f) other substances and preparations listed in this Schedule, under points other than 30 and 31; (g) artists' paints covered by Directive 88/379/EEC (1 5). 32. Substances and preparations 32.1 May not be used for wood containing one or more of the treatment if they contain: following substances: (a) benzo-a-pyrene at a (a) Creosote, Einecs No 232-287-5, concentration of greater than 0.005 % CAS No 8001-58-9 by mass; or (b) Creosoteoil,EinecsNo263-047- (b) water extractable phenols at a 8, CAS No 61789-28-4 concentration of greater than 3 % by (c) Distillates (coal tar), naphthalene mass or both (a) and (b). oils, Einecs No 283-484-8, CAS No 84650-04-4 Furthermore, wood so treated may not ( d) Creosote oil, acenaphthalene be placed on the market. fraction, Einecs No 292-605-3, CAS No 90640-84-9 However by way of derogation: n OJ No 22, 9.2.1965, p.369/65. 14 OJ No L 96, 3.4.1985, p.25 15 OJNoL 181, 16.7.1988,p.14. Designation of the substance, of Conditions of restriction the groups of substances or of the preparation (e) Distillates (coal tar), upper, (i) relating to the substances and Einecs No. 266-026-1, CAS No preparations: these may be used for 65996-91-0 wood treatment in industrial (f) Anthracene oil, Einecs No. 292- installations if they contain: 602-7, CAS No 90640-80-5 (a) benzo-a-pyrene at a (g) Tar Acids, Coal, Crude, Einecs concentration of less than 0.05 % by No 266-019-3, CAS No 65996-85-2 mass; and (h) Creosote, wood, Einecs No 232- (b) water extractable phenols at a 419-1, CAS No 8021-39-4 concentrationoflessthan3 % by mass. (i) Low temperature tar oil, alkaline, Einecs No 310-191-5,CAS No Such substances and preparations: 122384-78-5 32. - may not be placed on the market only in packaging of a capacity equal to or greater than 200 litres. may not be sold to the general public. Without prejudice to the implementation of other provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations must be marked legibly and indelibly as follows: "For use in industrial installations only". (ii) Relating to wood treated according to (i) which is placed on the market for the first time: this is permitted for professional and industrial use only, e.g. on railways, in electric power transmission and telecommunications, for fencing and in harbours and waterways. However, such wood may not be used: inside buildings whether for decorative purposes or not, whatever their purpose (residence, employment, leisure) for the manufacture of containers intended for growing purposes and any 33. 34. 35. 36. 37. 38. Designation of the substance, of the groups of substances or of the preparation Chloroform CAS No 67-66-3 Carbon tetrachloride CAS No 56-23-5 1, 1,2-Trichloroethane CAS No 79-00-5 1, 1,2,2-Tetrachloroethane CAS No 79-34-5 1, 1, 1,2-Tetrachloroethane CAS No 630-20-6 Pentachloroethane CAS No 76-01-7 Conditions of restriction re-treatment and the manufacture of packaging which may come into contact with or other materials which may contaminate raw, intermediate and/or finished products intended for human and/or animal consumption and any re-treatment; in playgrounds and in other outdoor places of public pleasure or in other situations where there is a risk that it may come into contact with skin. (iii) Relating to old treated wood, the prohibition shall not apply where this is placed on the second-hand market. However, such wood may not be used: inside buildings whether for decorative purposes or not, whatever their purpose (residence, employment, leisure) for the manufacture of containers intended for growing purposes and any re-treatment and the manufacture of packaging which may come into contact with or other materials which may contaminate raw, intermediate and/or finished products intended for human and/or animal consumption and any re-treatment; in playgrounds and in other outdoor places of public leisure. May not be used in concentrations equal to or greater than 0.1 % by weight in substances and preparations placed on the market for sale to the general public. Without prejudice to the implementation of other provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations 39. 40. Designation of the substance, of the groups of substances or of the preparation 1, 1-Dichloroethylene CAS No 75-35-4 1, 1, I -Trichloroethane CAS No-71-55-6 Conditions of restriction containing them in concentrations equal to or greater than 0.1 % shall be marked legibly and indelibly as follows: "Restricted to professional users". This provision shall not apply to: (a) medicinal or veterinary products as defined by Directive 65/65/EEC (16); (b) cosmetic products as defined by the Cosmetic Products Order 2000 (L.N. 204 of 2000) 41. Substances either 1. May not be used as such or in the appearing in Annex I to Directive form of preparations in aerosol 67 /548/EEC which are classified as generators marketed and intended for flammable or extremely flammable sale to the general public for and labelled as such, entertainment and decorative purposes or such as the following: not yet appearing in Annex I to - metallic glitter intended mainly for Directive 67 /548/EEC but conforming decorations, to the criteria of flammability of Annex - artificial snow and frost, VI to Directive 67 /548/EEC and being - 'whoopee' cushions, provisionally classified and labelled as - silly string aerosols, flammable, highly flammable or - imitation excrement, extremely flammable according to - horn for parties, Article 5(2) of Directive 67/548/EEC. - decorative flak.es and foams, 1• OJ No 22, 9.2.1965, p.369/6S. artificial cobwebs, stink bombs, etc. 2. Without prejudice to the implementation of other provisions relating to the classification, packaging and labelling of dangerous substances, the following words must appear legibly and indelibly on the packaging of aerosol generators referred to above: "For professional users only". 3. Paragraphs 1 and2shallnotapply to the aerosol generators referred to in Article 9a of Directive 75/324/EEC. Designation of the substance, of Conditions of restriction the groups of substances or of the preparation 4. The products referred to above may not be placed on the market unless they conform to the requirements indicated. 42. xx Hexachloroethane 1. May not be used in the CAS No 67-72-1 manufacturing or processing of non EINECS No 2006664 ferrous metals.