{"id":21165,"date":"2022-12-28T22:08:54","date_gmt":"2022-12-28T22:08:54","guid":{"rendered":"https:\/\/legalblog.ie\/?p=21165"},"modified":"2022-12-28T22:27:28","modified_gmt":"2022-12-28T22:27:28","slug":"chemicals-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/chemicals-2\/","title":{"rendered":"Control of Chemicals"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Definition\" title=\"Definition\">Definition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Regulations\" title=\"Regulations\">Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Reviews_of_Statutory_Provisions\" title=\"Reviews of Statutory Provisions.\">Reviews of Statutory Provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Codes_of_Practice\" title=\"Codes of Practice\">Codes of Practice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#National_Authorities\" title=\"National Authorities\">National Authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Authority_Duties\" title=\"Authority Duties\">Authority Duties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Cooperation_Arrangements\" title=\"Cooperation Arrangements\">Cooperation Arrangements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Fees_for_Services\" title=\"Fees for Services\">Fees for Services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Information_Notice\" title=\"Information Notice\">Information Notice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/chemicals-2\/#Prohibition_on_unauthorised_disclosure_of_information\" title=\"Prohibition on unauthorised disclosure of information.\">Prohibition on unauthorised disclosure of information.<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Definition\"><\/span>Definition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>\u201cchemical\u201d includes\u2014<\/p>\n<ul>\n<li>a chemical, substance, mixture or article within the meaning of the Rotterdam Regulation,]<\/li>\n<li>a detergent within the meaning of the Detergents Regulation,<\/li>\n<li>a substance, preparation or article within the meaning of the REACH Regulation,<\/li>\n<li>a substance, mixture or article within the meaning of the CLP Regulation, and<\/li>\n<\/ul>\n<p>It includes a dangerous substance within the meaning of\u2014<\/p>\n<ul>\n<li>Council Directive 96\/82\/EC of 9 December 1996 1 on the control of major accident hazards involving dangerous substances, and<\/li>\n<li>Council Directive 67\/548\/EEC of 27 June 1967 2 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;]<\/li>\n<li>\u201cCLP Regulation\u201d 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 3; ]<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Regulations\"><\/span>Regulations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may by regulations provide for any matter referred to in the Chemicals Acts as prescribed or to be prescribed.<\/p>\n<p>The Minister may make regulations for the purpose of giving effect to a provision of the treaties governing the European Communities, or an act adopted by an institution of the European Communities, relating to\u2014<\/p>\n<ul>\n<li>the manufacture, classification, labelling, packaging, export, import, placing on the market, testing, storage, transport, use or disposal of chemicals, or<\/li>\n<li>the control of major accident hazards relating to chemicals and the prevention of accidents involving chemicals or the minimisation of the effects of such hazards or accidents on persons and the environment.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Reviews_of_Statutory_Provisions\"><\/span>Reviews of Statutory Provisions.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Authority shall\u2014<\/p>\n<p>undertake such reviews of the operation of the relevant chemicals statutory provisions as the Minister may direct, or as the Authority considers appropriate, and<\/p>\n<p>submit to the Minister any proposals that it considers appropriate, or as the Minister may direct, relating to the relevant chemicals statutory provisions.<\/p>\n<p>Before submitting proposals to the Minister, the Authority shall consult any other person or body\u2014<\/p>\n<ul>\n<li>that appears to the Authority to be appropriate having regard to the proposals to be submitted, or<\/li>\n<li>as directed by the Minister.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Codes_of_Practice\"><\/span>Codes of Practice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>For the purpose of providing practical guidance as regards compliance with the relevant chemicals statutory provisions the Authority\u2014<\/p>\n<ul>\n<li>may, and if so requested by the Minister, shall prepare and publish codes of practice, and<\/li>\n<li>may approve a code of practice made or published by any other body.<\/li>\n<\/ul>\n<p>Before publishing or approving a code of practice under this section, the Authority\u2014<\/p>\n<ul>\n<li>shall obtain the consent of the Minister,<\/li>\n<li>may publish in such manner as the Authority considers appropriate a draft of the code of practice and shall give persons, including any national authority concerned and the relevant Minister, 28 days from the date of publication of the draft code within which to make written representations to the Authority in relation to the draft code, or such further period, not exceeding 28 days, as the Authority in its discretion thinks fit, and<\/li>\n<li>following consultation and, where relevant, having considered the representations, if any, made, shall submit the draft code to the Minister for his or her consent to its publication or approval under this section, with or without modification.<\/li>\n<\/ul>\n<p>Where the Authority publishes or approves a code of practice, it shall publish a notice of such publication or approval in such manner as it considers appropriate and in Iris Oifigi\u00fail and that notice shall\u2014<\/p>\n<ul>\n<li>identify the code of practice,<\/li>\n<li>specify the matters relating to the protection of health and the environment or the relevant chemicals statutory provisions in respect of which the code of practice is published or approved of, and<\/li>\n<li>specify the date on which the code of practice shall come into operation.<\/li>\n<\/ul>\n<p>The Authority may, with the consent of the Minister and following consultation with\u2014<\/p>\n<ul>\n<li>any other person or body that the Authority considers appropriate, and<\/li>\n<li>any national authority concerned and the relevant Minister,<\/li>\n<li>amend or revoke any code of practice prepared and published by it under this section, or withdraw its approval of any code of practice approved by it under this section.<\/li>\n<\/ul>\n<p>The Authority shall, where the Minister directs\u2014<\/p>\n<ul>\n<li>amend or revoke any code of practice prepared and published by it under this section, or<\/li>\n<li>withdraw its approval of any code of practice approved by it under this section.<\/li>\n<\/ul>\n<p>Where the Authority amends or revokes, or withdraws its approval of, a code of practice under this section, it shall publish notice of the amendment, revocation or withdrawal in such manner as it considers appropriate and in Iris Oifigi\u00fail.<\/p>\n<p>The Authority shall publish on the internet and make available for public inspection without charge at its principal office during normal working hours\u2014<\/p>\n<ul>\n<li>a copy of each code of practice published or approved by it, and<\/li>\n<li>where a code of practice has been amended, a copy of the code as so amended.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"National_Authorities\"><\/span>National Authorities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The following are designated national authorities in the State for the purposes of the Rotterdam Regulation:<\/p>\n<ul>\n<li>Authority,<\/li>\n<li>the Revenue Commissioners,<\/li>\n<li>the Minister for Agriculture, Fisheries and Food, in respect of pesticides<\/li>\n<\/ul>\n<p>The following are competent authorities in the State for the purposes of the Detergents Regulation:<\/p>\n<ul>\n<li>the Authority;<\/li>\n<li>the Environmental Protection Agency, in respect of matters relating to biodegradability of surfactants in detergents;<\/li>\n<li>Beaumont Hospital Board,<\/li>\n<li>the Irish National Accreditation Board,<\/li>\n<\/ul>\n<p>The following are competent authorities in the State for the purposes of the REACH Regulation:<\/p>\n<ul>\n<li>the Authority;<\/li>\n<li>the Minister for Agriculture, Fisheries and Food, in respect of pesticides;<\/li>\n<li>the Environmental Protection Agency, in respect of the prevention of environmental pollution.<\/li>\n<\/ul>\n<p>The following are competent authorities in the State for the purposes of the CLP Regulation:<\/p>\n<ul>\n<li>the Authority;<\/li>\n<li>the Minister for Agriculture, Fisheries and Food, in respect of pesticides;<\/li>\n<li>Beaumont Hospital Board, for certain purposes<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Authority_Duties\"><\/span>Authority Duties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A national authority (other than the Authority) shall, in accordance with such guidelines (if any) as may be given to that national authority by the Authority\u2014<\/p>\n<ul>\n<li>make adequate arrangements for the performance of its functions under the relevant chemicals statutory provisions,<\/li>\n<li>keep appropriate records, and<\/li>\n<li>furnish to the Authority\u2014 a report within 2 months after the end of each year\u00a0 and such other reports and information relating to the performance of its functions as the Authority may, from time to time, require, or as may be prescribed.<\/li>\n<\/ul>\n<p>The report shall be in a form agreed with the Authority and include\u2014<\/p>\n<ul>\n<li>information on the performance of the national authority of its functions, and<\/li>\n<li>such other information that the national authority considers appropriate, or as the Authority may require.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Cooperation_Arrangements\"><\/span>Cooperation Arrangements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>National authorities shall cooperate with each other in the performance of their functions under the relevant chemicals statutory provisions.<\/p>\n<p>A national authority may enter into arrangements with other national authorities. The arrangement may make provision in relation to\u2014<\/p>\n<ul>\n<li>the carrying out of inspections, checks, examinations and investigations by the national authorities that are parties to the arrangement,<\/li>\n<li>the exchange of information by such national authorities in relation to the activities referred to in paragraph (a) and such other activities of those authorities as are specified in the arrangement,<\/li>\n<li>advising national authorities that are parties to the arrangement of suspected offences under any of the relevant chemicals statutory provisions, and<\/li>\n<li>the carrying out jointly by 2 or more national authorities of activities<\/li>\n<\/ul>\n<p>For the purposes of the European Regulations, a national authority (other than a Minister of the Government) may, with the consent of the Minister and any other relevant Minister, enter into an arrangement (in this section referred to as a \u201cmutual cooperation arrangement\u201d) with an external authority.<\/p>\n<p>A national authority who is a Minister of the Government may enter into an arrangement with an external authority.A mutual cooperation arrangement may provide that officers of an external authority may accompany an inspector when he or she performs functions in furtherance of a mutual cooperation arrangement to which that external authority is a party.<\/p>\n<p>A mutual cooperation arrangement shall not have effect unless it is approved by order made by the Minister.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Fees_for_Services\"><\/span>Fees for Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Subject to the approval of the Minister and the Minister for Finance and in consultation with any other relevant Minister, a national authority may\u2014<\/p>\n<ul>\n<li>determine the amount of such fees as it considers appropriate in consideration of the performance by that national authority of its functions, and \u00a0the provision by it of services (other than a service consisting of the provision of advice to the Minister, to another Minister of the Government or to another national authority),<\/li>\n<li>exempt from the payment of fees in different circumstances or classes of circumstances or for different cases or classes of cases, or for the waiver, remission or refund (in whole or in part) of fees,<\/li>\n<li>sell anything produced, published or developed by it, or in cooperation with, another national authority, and<\/li>\n<li>enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to another national authority) for the further development and commercial exploitation of anything produced, published or developed by it,<\/li>\n<\/ul>\n<p>and shall record receipts from such fees, sales or payments as income.<\/p>\n<p>A national authority shall make available on request and free of charge, details of fees determined.<\/p>\n<p>Fees, prices and payments in respect of functions performed, services provided, activities carried on or things sold, shall not, save with the prior approval of the Minister, in consultation with any other relevant Minister, be less than the cost of the performance of the function, the provision of the service, the carrying on of the activity or the production, publication or development of the thing, as the case may be.<\/p>\n<p>A national authority may recover any amount due and owing to it under this section from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Information_Notice\"><\/span>Information Notice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A national authority may, by notice (in the Chemicals Acts referred to as an \u201cinformation notice\u201d) served on a person, require the person to give to that national authority, within such period and in such form as may be specified in the notice, any information specified in the notice that the national authority may reasonably require for the proper performance by it of its functions under the relevant chemicals statutory provisions.<\/p>\n<p>The period specified in the information notice may be extended at the discretion of that national authority on the application of the person on whom the notice is served.<\/p>\n<p>A person on whom an information notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.<\/p>\n<p>Where, on the hearing of an appeal, an information notice is confirmed or varied, the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.<\/p>\n<p>A person on whom an information notice is served shall comply with the notice before the later of\u2014<\/p>\n<ul>\n<li>the end of the period specified in the notice, or<\/li>\n<li>where the period is extended<\/li>\n<\/ul>\n<p>Where an appeal is brought under this section, and the information notice to which the appeal relates is confirmed or varied or the appeal is withdrawn, the person on whom the notice is served shall comply with the notice before\u2014<\/p>\n<ul>\n<li>the day immediately following the day on which the notice is confirmed or varied or the appeal is withdrawn,<\/li>\n<li>the end of the period specified in the notice, or<\/li>\n<li>where the operation of the notice has been suspended), the end of the period of suspension,<\/li>\n<\/ul>\n<p>whichever occurs latest.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Prohibition_on_unauthorised_disclosure_of_information\"><\/span>Prohibition on unauthorised disclosure of information.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall not, save as otherwise provided for by law, disclose information obtained by him or her while performing functions as\u2014<\/p>\n<ul>\n<li>a member or member of staff of a national authority,<\/li>\n<li>an inspector,<\/li>\n<li>a person (other than a member of staff of a national authority) appointed to carry out an investigation<\/li>\n<li>a consultant or adviser to a national authority or a person employed by him or her,<\/li>\n<\/ul>\n<p>unless he or she is duly authorised to so do by the national authority concerned.<\/p>\n<p>This shall not prevent the disclosure of information where that disclosure is\u2014<\/p>\n<ul>\n<li>for the purpose of the discharge of functions under the relevant chemicals statutory provisions,<\/li>\n<li>made with the consent of the person to whom the information applies, or<\/li>\n<li>for the purposes of\u2014 any legal proceedings (including by means of a report to a coroner holding an inquest under the Coroners Acts 1962 and 2005 on the body of a person whose death may have been caused through personal injury), or any investigation or special report under section 18.<\/li>\n<\/ul>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-21165\" data-postid=\"21165\" class=\"themify_builder_content themify_builder_content-21165 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Definition \u201cchemical\u201d includes\u2014 a chemical, substance, mixture or article within the meaning of the Rotterdam Regulation,] a detergent within the meaning of the Detergents Regulation, a substance, preparation or article within the meaning of the REACH Regulation, a substance, mixture or article within the meaning of the CLP Regulation, and It includes a dangerous substance [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[303],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21165"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21165"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21165\/revisions"}],"predecessor-version":[{"id":21174,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21165\/revisions\/21174"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}