Dangerous Substances and Preparations (Restrictions) Regulations 2002 (L.N. No. 142 of 2002)

B 2109 Suppliment tal-Gazzetta tal-Gvern ta' Malta, Nru. 17,247, 11 ta' Gunju, 2002 TaqsimaB L.N. 142 of 2002 PRODUCT SAFETY ACT The Dangerous Substances and Preparations (Restrictions) Regulations 2002 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 this order is the Dangerous Substances and Citation and Preparations (Restrictions) Regulations of 2002. commencement. 1.2 This Mandatory Order shall come into effect as from the 1st July, 2002. 2.1 These Regulations shall apply to the marketing and use of Applicability. 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 or 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 this Order, the following definitions shall Definitions. 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. B 2110 Restrictions on marketing. Reference.~ to Council Directive 76n69/EEC. Repeal of Existing Regulations. LN.152of2001. 4.1 The dangerous substances and preparations listed in the Schedule to these Regulations may only be placed on the market or used subject to the conditions specified therein. 4.2 The provisions of paragraph 4.1 shall not apply to marketing or use for Research and Development or analysis purposes. 5.1 The Foodstuffs, Chemicals and Cosmetics Directorate of the Malta Standards Authority shall make available to the general public an updated copy of the Appendix to Council Directive 76/769/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Schedule to these Regulations. 6.1 The Dangerous Substances and Preparations (Restrictions) Regulations 2001 are hereby repealed, provided that certain provisions thereof shall continue to apply as indicated in point 32 in the Schedule to these Regulations. B 2111 Schedule Restrictions on Dal)gerous Substances and Preparations Designation of the substance, of the groups of substances or of the preparation 1. - Polychlorinated biphenyls (PCB) except mono- and dichlorinated biphenyls Polychlorinated teiphenyls (PCTs), Preparations, including waste oils, with a PCB or PCT content higher than 0.005 % by wei,ght 2. Chloro-1-ethylene (monomer vinyl chloride) 3. Liquid substances or preparations, which are regarded as dangerous according to the definitions in Article 2(2) and the criteria in Annex VI, Part 11.D to 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 (1), as adapted to technical progress by Commission Directives 93/21/EEC (2) and 96/54/EC (3) 1 OJ No L 196, 16.8.1967, p.1 2 OJ No L 110, 4.5.1993, p.20 3 OJ L 248, 30.9.1996, p.l Conditions of restriction May not be used. May not be used as aerosol propellant for any use whatsoever. May not be used in: ornamental objects intended to produce light or colour effects by means of different phases, for example in ornamental lamps and ashtrays. tricks, jokes. games for one or more participants, or any object intended to be used as such, even with ornamental aspects. 2. Without prejudice to the above, substances and preparations which: present an aspiration hazard and are labelled with R65, and can be used as fuel in decorative lamps, and are placed on the marketin packaging of a capacity of 15 litres or less, may not contain a colouring agent, unless required for fiscal reasons, or perfume or both. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of substances and preparations covered by paragraph 2, B 2112 Designation of the substance, of the groups of substances or of the preparation Conditions of restriction 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." ---· -- --- ~- ------ ------f~---------------~ 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 Service Number) 71-43-2 6. Asbestos fibres 6.1 Crocidolite, CAS No 12001-28-4 Amosite, CAS No 12172-73-5 Anthophyllite asbestos, CAS No 77536-67-5 Actinolite asbestos, CAS No 77536-66 4 Tremolite asbestos, CAS No 77536-68 6 6.2 Chrysotile, CAS No 12001-29-5 4 OJ No L 194, 25.7.1975, p.39 5 OJ No L 84, 31.3.1978, p.43 Not permitted in toys or parts of toys 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. 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. The placing on the market and use of these fibres and of products containing these fibres added intentionally shall be prohibited. 6.2. As from 1st January 2005, the placing on the market and use of this fibre and of products containing this B 2113 - --------------------~--------------~ 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 fibre added intentionally shall be prohibited with the exception of diaphragms for existing electrolysis installations until they reach the end of their service life, or until suitable asbestos-free substitutes become available, whichever is the sooner. The use of products containing asbestos fibres referred to in points 6.1 and 6.2 which were already installed and/or in service before 1st January 2005 shall continue to be authorised until they are disposed of or reach the end of their service life. The provisions of points 6.1 and 6.2 of the First Schedule of the Dangerous Substances and Preparations (Restrictions) Regulations 2001 (L.N. 152 of 2001) shall continue to apply between 1st July 2002 and 1st January 2005. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous substances and preparations, the placing on the market and use of these fibres and of products containing these fibres, as authorised according to the preceeding derogations, may be permitted only if the products bear a label in accordance with the provisions of the Schedule of the Asbestos Products (Labelling) Regulations, 2001 (L.N. 60 of 2001). [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. B 2114 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation 10. Soap bark powder (Quillaja saponaria) May not be used in jokes and hoaxes or and its derivatives containing saponines in objects intended to be used as such, for instance as a constituent of sneezing Powder of the roots of Helleborus powder and stink bombs viridis and Helleborus niger 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 or hydrogen sulphide in objects intended to be used as such, CAS No 12135-76-1 for instance as a constituent of sneezing CAS No 12124-99-1 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 in tended to be used as such, Methyl bromoacetate for instance as a constituent of sneezing CAS No 96-32-2 powder and stink bombs. Ethyl 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 B 2115 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation substances and preparations, the packaging of such preparations shall be legibly and indelibly marked as follows: "Restricted to professional users". 14. Benzidine May not be used in concentrations CAS No 92-87-5 and its salts equal to or greater than OJ % 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: "Restrictec;l 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 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". B 2116 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation 16. 4-aminobipheny 1 May not be used in concentrations CAS No 92-67-1 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 ust:rs". 17. Lead carbons: May not be used as substances and constituents of preparations intended neutral anhydrous carbonate for use as paints, except for the PbC03, CAS No 598-63-0 restoration and maintenance of works lead hydrocarbonate of art and historic buildings and their PbCO3.Pb(OH)z, CAS No 1319-46- interiors, authorized in accordance with 6 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 PbSO4 (1:1) for use as paints, except for the CAS No 7446-14-2 restoration and maintenance of works PbxSO4 of art and historic buildings and their CAS No 15739-80-7 interiors, authorized in accordance with the provision of II.D 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 farmin,g, Designation of the substance, of the groups of substances or of the preparation 20. Arsenic compounds 21. Organostannic compounds B 2117 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 yam 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 placed on the market for use as substances and constituents of preparations when acting as biocides in free association antifouling paint. 2. May not be used as substances and constituents of preparations when acting as biocides to prevent the fouling by microorganisms, plants or animals of: (a) the hulls of: . boats of an overall length, as defined by ISO 8666, of less than 25 metres, vessels of any length for use predominantly on inland waterways B 2118 Designation of the substance, of the groups of substances or of the 1-------------+-----~ r~pai-a !io n ~ 22. di-µ-oxo-di-n butylstanniohydroxyborane (DBB) (CsH19BO3Sn), CAS No 75113-37-0 23. Pentachlorophenol (CAS No 87-86-5) and its salts and esters Conditions of restriction -- --------------------1 and lakes; (b) cages, floats, net and any other appliances or equipment used for fish or shellfish farming; (c) any totally or partly submerged appliance or equipment. Such substances and preparations . may be placed on the market only in packages of a capacity 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 classificatio.n, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legible and indelibly marked as follows: "Not to be used on boats of an overall length of less than 25 metres, or on vessels of any length for use predominantly on inland waterways and lakes, or on any appliances or equipment used m fish or shellfish farming Restricted to professional users". 3. May not be used as substances and constituents of preparations intended for the use in the treatment of industrial waters. 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 Designation of the substance, of the groups of substances or of the preparation 24. Cadmium (CAS No 7440-43-9) and its compounds 6 OJ L 194, 25.7.1975, p. 39. 7 OJ L 377, 31.12.1991, p. 20. B 2119 Conditions of restriction the market. By way of special exception, the competent authority may on a case-by case basis, authorise specialised professionals to carry out in situ and for buildings of cultural, artistic and historical interest, or in emergencies, a remedial treatment of timber and measonry infected by dry rot fungus (Serpula lacrymans) and cubic rot fungi. In any case: (a) Pentachlorophenol used alone or as a component of preparations employed within the framework of the above exception must have a total hexachlorodibenzoparadioxin (HCDD) content of not more than two 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 implementation of other provisions concerning the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations should be marked clearly and indelibly: "Reserved for industrial and professional use" In addition, this provision shall not apply to waste covered by Directives 75/442/EEC (6) and 91/689/EEC (7). 1.1 May not be used to give colour to finished products manufactured from the substances and preparations listed below: polyvinyl chloride (PVC) [3904 101 [3904 21] [3904 22] (8) B 2120 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation polyurethane (PUR) [3909 50) low density polyethylene (Id PE), with the exception of low-density polyethylene used for the production of coloured masterbatch f390110] cellulose acetate (CA) [3912 11) [3912 12] cellulose acetate butyrate (CAB) [3912 11] [3912 12) epoxy resins f 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: melamine-formaldehyde (MF) [3909 20) urea-formaldehyde (UP) [3909 10] unsaturated polyesters (UP) [3907 91) polyethylene terephthalate (PE1) [3907 60] polybutylene terephthalate (PB1) 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 al 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] 8 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ No L 256, 7.9.1987). B 2121 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation floor and wall coverings [3918 10] impregnated, coated, covered or laminated textile fabrics (5903 10] imitation leather [4202] gramophone records [8524 10] tubes and pipes and their fittings [3917 23] 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. 22 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] [842111) (8421 22) (8422) (8435] [8437) [8438} [8476 llJ agriculture: [8419 31) [8424 81) [8432) [8433) [8434) (8436] cooling and freezing: [8418] printing and book-binding: [8440] · [8442] [8443] (b) equipment and machinery for the production of: household goods [7321) [842112] [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 , • 1 ' - ' ' B 2122 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation 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 anq clothing [8444) [8445] [8447] [8448] [8449] [8451) [8452) (b) equipment and machinery for the production of: industrial handling equipment and machinery [8425J [8426J [8427) [8428) [8429] [8430] [8431] road and agricultural vehicles [ chapter 87] rolling stock [chaptta 86] vessels [ chapter 89] 33 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. 25. Monomethyl-tetrachlorodiphenyl The marketing and use of this methane substance and of preparations and Trade name: Ugilec 141 products containing it shall be CAS No 76253-60-6 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 B 2123 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation ~~ seIVice 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. 26. Monomethyl-dichloro- The marketing and use of this diphenylmethane subi,tance and of preparations and Trade name: Ugilec 121, Ugilec 21 products containing it shall be CAS No - unknown prohibited. 27. Monomethyl-dibromo- The marketing and use of this diphenylmethane substance and of preparations and Trade name: DBBT products containing it shall be CAS No 99688-47-8 prohibited. 28. Nickel May not be used: CAS No 7440-02-0 1) in post assemblies which are EINECS No 2311114 inserted into pierced ears and other and its compounds 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 B 2124 Designation of the substance, of the Conditions of restriction groups of si,bstances or of the preparation 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 to Without prejudice to the other points of Directive 67 /548/EEC classified as this Schedule: carcinogen category 1 or carcinogen May not be used in substances and category 2 and labelled at least as preparations placed on the market for "Toxic (T)" with risk phrase R45: sale to the general public in individual "May cause cancer" or risk phrase R49: concentration· equal to or greater than: "may cause cancer by inhalation", and - either the concentration specified in listed as follows: Annex I to Council Directive 67 /548/EEC, or Carcinogen category 1 - the concentration specified in point See Llst 1. in the Appendix to Council 6, Table VI, of Annex I to Council Directive 76/769/EEC Directive 88/379/EEC(9), where no Carcinogen category 2 concentration limit appears in See Llst 2 in the Appendix to Council Annex I to Directive 67 /548/EEC. Directive 76/769/EEC 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: "Restricted to professional users. Attention -Avoid exposure - obtain special instructions before use". By way of derogation, this provision shall not apply to: (a) medicinal or veterinary products as defined by Council Directive 65/65/EEC; (b) cosmetic products as defined by the Cosmetic Products Order, 9 OJ No L 187, 16.7.1988, p.14 B 2125 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation 2000; (c) motor fuels which are covered by Council Directive 85/210/EEC (10), mineral oil products intended for use as fuel in mobile or fixed combustion plants, fuels sold in closed systems (e.g. liquid gas bottles); (d) artists' paints covered by Council Directive 88/379/EEC. 30. Substances which appear in Annex I to Without prejudice to the other points of Directive 67 /548/EEC classified as this Schedule mutagen category 1 or mutagen category 2 and labelled with risk phrase May not be used in substances and R46: "May cause heritable genetic preparations placed on the market for damage", and listed as follows: sale to the general public in individual concentration equal to or greater than: Mutagen category 1 - either the concentration specified in See list 3 in the Appendix to Council Annex 1 to Directive 67 /548/EEC, Directive 76n69/EEC or the concentration specified in point Mutagen category 2 6, Table VI,.of Annex I to Directive See list 4 in the Appendix to Council 88/379/EEC where no Directive 76n69/EEC concentration limit appears in Annex 1 to Directive 67 /548/EEC. 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: "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 6S/65/EEC (11); (b) cosmetic products as defined by the Cosmetic Products Order 2000 10 OJ No L 96, 3.4.1985, p.25 11 OJ No L 22, 9.2.1965, p.369/65. B 2126 Designation of the substance, of the groups of substances or of the preJ! aration 31. Substances which appear in Annex I to Db-ective 67 /548/EEC classified as toxic for reproductive purposes category 1 or toxic for reproductive purposes category 2 and labelled with risk phrase R60: "May impair fenility" and/or R61: "May cause harm to the unborn child", and listed as follows: Toxic for reproductive pmposes category 1 See List 5 in the Appendix to Council Directive 76/769/EEC Toxic for reproductive purposes category 2 See List 6 in the Appendix to Council Directive 76/769/EEC 12 OJ No L 96, 3.4.1985, p.25 13 OJ No L 187, 16.7.1988, p.14. 14 OJ No 22, 9.2.1965,p.369/65. Conditions of restriction (L.N. 204 of 2000); (c) motor fuels which are covered by Directive 85/210/EEC (12), ( 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) artists' paints covered by Directive 88/379/EEC ( 13 ) Without prejudice to the other points of this Schedule May not be used in substances and preparations placed on the market for sale to the general public in individual concentration equal to or greater than: either the concentration specified in Annex 1 to Directive 67 /548/EEC, or the concentration specified in point 6, Table VI, of Annex I to Directive 88/379/EEC where no concentration limit appears in Annex 1 to Directive 67 /548/EEC. 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: "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 (14); (b) cosmetic products as defined by the Cosmetic Products Order 2000 (L.N. 204 of 2000); 32. Designation of the substance, of the groups of substances or of the orenaration Substances and preparations containing one or more of the following substances: (a) Creosote, Einecs No 232-287-5, CAS No 8001-58-9 (b) Creosote oil, Einecs No 263-047-8, CAS No 61789-28-4 (c) Distillates (coal tar), naphthalene oils, Einecs No 283-484-8, CAS No 84650-04-4 (d) Creosote oil, acenaphthalene fraction, Einecs No 292-605-3, CAS No 90640-84-9 (e) Distillates (coal tar), upper, Einecs No. 266-026-1, CAS No 65996-91 0 (f) Anthracene oil, Einecs No. 292 602-7, CAS No 90640-80-5 (g) Tar Acids, Coal, Cfl;l~e, Einecs No 266-019-3, CAS No 65996-85-2 (h) Creosote, wood, Einecs No 232 419-1, CAS No 8021-39-4 (i) Low temperature tar oil, alkaline, Einecs No 310-191-5, CAS No 122384-78-5 15 OJ No L 96, 3.4.1985, p.25 16 OJ No L 187, 16.7.1988, p.14. B 2127 Conditions of restriction (c) motor fuels which are covered by Directive 85/210/EEC (15), (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) artists' paints covered by Directive 88/379/EEC (16) As from 3010 June 2003, the substances and preparations listed in point 32: I. May not be used in the treatment of wood. Furthermore, wood so treated· may not be placed on the market 2. However by way of derogation: (i) Relating to the substances and preparations: these may be used for wood treatment in industrial installations or by professionals covered by legislation on the protection of workers for in situ retreatment only if they contain: (a) benzo-a-pyrene at a concentration of less than 0,005 % by mass (b) and water extractable phenols at a concentration of less than 3 % by mass. Such substances and preparations for use in wood treatment in industrial installations or by professionals: may be placed on the market only in packaging of a capacity equal to or greater than 20 litres, may not be sold to consumers. Without prejudice to the application of other provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations shall be legibly and B 2128 Designation of the substance, of the groups of substances or of the nrenaration Conditions of restriction indelibly marked "For use in industrial installations or professional treatment only". (ii) Relating to wood treated in industrial installations or by professionals according to (i) which is placed on the market for the first time or retreated in-situ: this is permitted for professional and industrial use only, e.g. on railways, in electric power transmission and telecommunications, for fencing, for agricultural purposes (e.g. stakes for tree support) and in harbours and waterways. (iii) Relating to wood having been treated with substances listed in point 32(a) to (i) before 301h June 2003: the prohibition in point 1 on the placing on the market shall not apply where this is placed on the second-hand market for re-use. 3. However, treated wood referred to under point 2(ii) and (iii) may not be used: inside buildings, whatever their purpose, in toys, in playgrounds, in parks, gardens, and outdoor recreational and leisure facilities where there is a risk of frequent skin contact, in the manufacture of garden furniture such as picnic tables, for the manufacture and use and any re-treatment of: containers intended for growing purposes, packaging that may may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption, other materials which may contaminate the products mentioned B 2129 Designation of the substance, of the Conditions of restriction groups of substances or of the preparation above. Provided further that the provisions of point 32 of the First Schedule of the Dangerous Substances and Preparations (Restrictions) Regulations 2001 (L.N. 152 of 2001) shall continue to apply between 1st July 2002 and 30th June 2003. 33. Chloroform May not be used in concentrations CAS No 67-66-3 equal to or greater than 0.1 % by 34. Carbon tetrachloride weight in substances and preparations CAS No 56-23-5 placed on the market for sale to the 35. 1,1,2-Trichloroethane general public and/or in diffusive CAS No 79-00-5 applications such as in surface cleaning 36. 1,1,2,2-Tetrachloroethane and cleaning of fabrics. CAS No 79-34-5 37. 1,1,1,2-Tetrachloroethane Without prejudice to the CAS No 630-20-6 implementation of other provisions 38. Pentachloroethane relating to the classification, packaging CAS No 76-01-7 and labelling of dangerous substances 39. 1,1-Dichloroethylene and preparations, the packaging of such CAS No 75-35-4 substances and preparations containing 40. 1,1,1-Trichloroethane them in concentrations equal to or CAS No 71-55-6 greater than 0.1 % shall be marked legibly and indelibly as follows: "For use in industrial installations only". This provision shall not apply to: (a) medicinal or veterinary products as defined by Directive 65/65/EEC (17); (b) cosmetic products as defined by the Cosmetic Products Order 2000 (L.N. 204 of 2000); 41. Substances 1. May not be used as such or in the either form of preparations in aerosol appearing in Annex I to Directive generators marketed and intended 67 /548/EEC which are classified as for sale to the general public for flammable or extremely flammable entertainment and decorative and labelled as such, purposes such as the following: or - metallic glitter intended mainly for not yet appearin.e: in Annex I to decorations, 17 OJ No 22, 9.2.1965, p.369/65. B 2130 Designation of the substance, of the Conditions of restriction groups of substances or of the· preparation Directive 67 /548/EEC but - artificial snow and frost, conforming to the criteria of - 'whoopee' cushions, flammability of Annex VI to - silly string aerosols, Directive 67 /548/EEC and being - imitation excrement, provisionally classified and labelled - horn for parties, as flammable, highly flammable or - decorative flakes and foams, extremely flammable according to - artificial cobwebs, Article 5(2) of Directive - stink bombs, 67 /548/EEC. - 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 and 2 shall not apply to the aerosol generators referred to in Article 9a of Directive 75/324/EEC. 4. The products referred to above may not be placed on the market unless they conform to the requirements indicated. 42. xx Hexachloroethane May not be used in the manufacturing CAS No 67-72-·1 or processing of non-ferrous metals. EINECS No 2006664 [ppubblikat mid-Dipartiment ta' 1-lntormazzjolli - 3, Pjazza K/lstilja - Published by the Department of Information - 3, Cn..rille Place Mitbugh fl-Istamperija tal-Gvem - Printed at the Government Printing Press Prezz 22c - Price 22c