
1 

(1) These Regulations may be cited as the Classification, Labelling and Packaging of Chemicals (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 1st July 2015.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2 

(1) The Petroleum (Consolidation) Act (Northern Ireland) 1929 is amended as follows.
(2) In Section 23(1)—
(a) omit the definition of “the Directive”; and
(b) for the definition of “petroleum-spirit” substitute—“
 “petroleum-spirit” means petrol, petroleum or a mixture of petroleum with one or more substances which—
(a) is liquid at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb); and
(b) when tested in accordance with Part A.9 of the Annex to Council Regulation (EC) No 440/2008 (laying down the test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals REACH), has a flash point (as defined in that Part) of less than 21°C;”.
3 

(1) The Fire Certificates (Special Premises) Regulations (Northern Ireland) 1991 are amended as follows.
(2) In the definition of “highly flammable liquid” in paragraph 24 of Schedule 1 (premises for which a fire certificate is required)—
(a) for sub-paragraph (a) substitute—“
(a) when tested in accordance with Part A.9 of the Annex to Council Regulation (EC) No 440/2008 (laying down the test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals REACH), has a flash point (as defined in that Part) of less than 32°C except that, if the flash point determined by using one of the non-equilibrium methods referred to in that Part falls within the range 30°C to 34°C, that flash point shall be confirmed by the use of like apparatus using the appropriate equilibrium method referred to in that Part; and”; and
(b) omit head (ii).
4 

(1) The Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996 are amended as follows.
(2) In regulation 2(1), after the definition of “acoustic signal” insert—“
 “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”.
(3) In regulation 3(a)—
(a) for “dangerous” substitute “hazardous”; and
(b) for “preparation” substitute “mixture”.
(4) In Schedule 1—
(a) in Part I, for paragraph 12 substitute—“
12. 
Areas, rooms or enclosures used for the storage of significant quantities of hazardous substances or mixtures shall be indicated by a suitable warning sign taken from paragraph 3.2 of Part II, or marked as provided in paragraph 1 of Part III, unless the labelling of individual packages or containers is adequate for this purpose. If there is no equivalent warning sign in paragraph 3.2 of Part II to warn about hazardous chemical substances or mixtures, the relevant hazard pictogram, as laid down in Annex V to the CLP Regulation, shall be used.”; and
(b) in Part II, after paragraph 2.2 insert—“
2.3. 
The “General danger” warning sign shall not be used to warn about hazardous substances or mixtures, except for cases where the warning sign is used to indicate stores of a number of hazardous substances or mixtures in accordance with paragraph 5 of Part III of Schedule 1 to these Regulations.”;
(c) in paragraph 3.2 of Part II, delete the warning sign for ‘Harmful or irritant material’;
(d) in Part III—
(i) for paragraph 1 substitute—“
1. 
Containers used at work for chemical substances or mixtures classified as hazardous according to the criteria for any physical or health hazard class in accordance with the CLP Regulation, and containers used for storage of such hazardous substances or mixtures, together with the visible pipes containing or transporting such hazardous substances or mixtures, shall be labelled with the relevant hazard pictograms in accordance with that Regulation.
Paragraph 1 does not apply to containers used at work for brief periods nor to containers whose contents change frequently, provided that alternative adequate measures are taken, in particular for information and/or training which guarantee the same level of protection.
The labels referred to in paragraph 1 may be:
— replaced by warning signs as provided for in Part II, using the same pictograms or symbols. If there is no equivalent warning sign in Schedule 1, Part II, the relevant hazard pictogram, as laid down in Annex V to the CLP Regulation shall be used.
— supplemented by additional information, such as the name and/or formula of the hazardous substance or mixture and details of the hazard.
— for the transporting of containers at the place of work, supplemented or replaced by signs applicable throughout the Union for the transport of hazardous substances or mixtures.”; and
(ii) in paragraph 5, for “dangerous substances or preparations”, in both places where it occurs substitute “hazardous substances or mixtures”.
5 

(1) The Pipelines Safety Regulations (Northern Ireland) 1997 are amended as follows.
(2) In Schedule 2, for paragraph 10 substitute—“
10. 

(1) For the purposes of this Schedule—
(a) a liquid is oxidising if it meets the criteria set out in Annex I to the CLP Regulation (“the Annex”) for classification in either of the following hazard classes—
(i) oxidising liquids of category 1, 2 or 3; or
(ii) organic peroxides Types C to F;
(b) a fluid is toxic if it meets the criteria set out in the Annex for classification in either of the following hazard classes—
(i) acute toxicity category 3, or
(ii) specific target organ toxicity (repeated exposure) category 1; and
(c) a fluid is very toxic if it meets the criteria set out in the Annex for classification in either of the following hazard classes—
(i) acute toxicity category 1 or 2, or
(ii) specific target organ toxicity (single exposure) category 1.
(2) In this paragraph, “CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time.”.
6 

(1) The Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 are amended as follows.
(2) In regulation 20(3)—
(a) omit sub-paragraph (b);
(b) for sub-paragraph (f) substitute—“
(f) “petroleum-spirit” means petrol, petroleum or a mixture of petroleum with one or more substances which—
(i) is liquid at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb); and
(ii) when tested in accordance with Part A.9 of the Annex to Council Regulation (EC) No 440/2008 (laying down the test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals REACH), has a flash point (as defined in that Part) of less than 21°C; and”.
7 

(1) The Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999 are amended as follows.
(2) In regulation 2(1)—
(a) after the definition of “agricultural activities” insert—“
 “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”;
(b) after the definition of ““construction work” and “contractor”” insert—“
 “dangerous substance or dangerous preparation” means any hazardous substances or mixtures which meets the criteria for classification within any health hazard or physical hazard class laid down in the CLP Regulation”;
(c) after the definition of “gas system” insert—“
 “hazardous substance or mixture” means a substance or mixture which meets the criteria for classification within any health hazard or physical hazard class laid down in the CLP Regulation;”;
(d) omit the definition of “preparation dangerous for supply”; and
(e) omit the definition of “substance dangerous for supply”.
(3) In Schedule 1—
(a) in paragraph 1(b), for “substance or preparation dangerous for supply” substitute “dangerous substance or dangerous preparation”; and
(b) after paragraph 1(b) insert—“
(ba) where the main activity is the sale or storage for wholesale distribution of any hazardous substance or mixture;”.
8 

(1) The Management of Health and Safety at Work Regulations (Northern Ireland) 2000 are amended as follows.
(2) In regulation 1(2), after the definition of “child”, insert—“
 “Directive 2014/27/EU” means Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures;”.
(3) In regulation 3(5), for sub-paragraph (g), substitute—“
(g) risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC on the protection of young people at work, as amended by Directive 2014/27/EU.”.
(4) In regulation 16(1)(b), after “breastfeeding”, insert “as amended by Directive 2014/27/EU,”.
9 

(1) The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 are amended as follows.
(2) In regulation 2(1)—
(a) for the definition of “carcinogen” substitute—“
 “carcinogen” means—
(a) a substance or mixture which meets the criteria for classification as a category 1A or 1B carcinogen set out on Annex I to the CLP Regulation whether or not the substance or mixture would be required to be classified under the Regulation; or
(b) a substance or mixture which is—
(i) referred to in Schedule 1; or
(ii) released by a process referred to in Schedule 1 and is a substance hazardous to health;”;
(b) omit the definition of “the CHIP Regulations”;
(c) after the definition of “cell culture”, insert—“
 “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”;
(d) after the definition of “hazard”, insert—“
 “hazard statement” has the meaning that it has in Article 2 of the CLP Regulation;”;
(e) after the definition of “mine”, insert—“
 “mixture” means a mixture or solution composed of two or more substances;”;
(f) for the definition of “mutagen” substitute—“
 “mutagen” means a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutation set out in Annex 1 to the CLP Regulation, whether or not the substance or mixture would be required to be classified under that Regulation;”;
(g) omit the definition of “preparation”;
(h) for the definition of “safety data sheet”, substitute—“
 “safety data sheet” means a safety data sheet within the meaning of Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals;”;
(i) omit the definition of “risk phrase”; and
(j) in the definition of “substance hazardous to health”—
(i) for “preparation” substitute the word “mixture”; and
(ii) for paragraph (a), substitute—“
(a) which meets the criteria for classification as hazardous within any health hazard class laid down in the CLP Regulation whether or not the substance is classified under that Regulation;”.
(3) In regulation 7(7)(c)—
(a) in paragraph (i), for “risk phrase R45, R46 or R49” substitute “hazard statement H340, H350 or H350i”; and
(b) in paragraph (ii), for “risk phrase R42 or R42/43” substitute “hazard statement H334”.
(4) In Schedule 2, omit the definition of “medicinal product”.
(5) In Schedule 7, for “Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301)”, substitute “the CLP Regulation”.
10 

(1) The Control of Lead at Work Regulations (Northern Ireland) 2003 are amended as follows.
(2) In regulation 2(1), for the definition of “safety data sheet”, substitute—“
 “safety data sheet” means a safety data sheet within the meaning of Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals;”.
(3) In Schedule 2, for “Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R.2002 No. 301);” substitute “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, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”.
11 

(1) The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003 are amended as follows.
(2) In regulation 2(1)—
(a) before the definition of “the Directives” insert—“
 “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”; and
(b) in the definition of “the Directives”, omit paragraphs (fa) and (m).
(3) In regulation 3, after “the Directives”, insert “or by the CLP Regulation”.
12 

(1) The Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003 are amended as follows.
(2) In regulation 2—
(a) omit the definition of “approved classification and labelling guide”;
(b) omit the definition of “the CHIP Regulations”;
(c) before the definition of “dangerous substance” insert—“
 “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”;
(d) for the definition of “dangerous substance”, substitute—“
 “dangerous substance” means—
(a) a substance or mixture which meets the criteria for classification as hazardous within any physical hazard class laid down in the CLP Regulation, whether or not the substance is classified under that regulation;
(b) a substance or mixture which because of its physico-chemical or chemical properties and the way it is used or is present in the workplace creates a risk, not being a substance or mixture falling within sub-paragraph (a); or
(c) any dust, whether in the form of solid particles or fibrous materials or otherwise, which can form an explosive mixture with air or an explosive atmosphere, not being a substance or mixture falling within sub-paragraphs (a) or (b);”;
(e) for the definition of “hazard” substitute—“
 “hazard” means the physico-chemical or chemical property of a dangerous substance which has the potential to—
(a) give rise to fire, explosion or other events which can result in harmful physical effects of a kind similar to those which can be caused by fire or explosion; or
(b) be corrosive to metals,affecting the safety of a person, and references in these regulations to “hazardous” is to be construed accordingly;;”;
(f) after the definition of “hazard”, insert—“
 “mixture” means a mixture or solution composed of two or more substances;”; and
(g) omit the definition of “preparation”.
(3) In Schedule 5, for “Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301)”, substitute “the CLP Regulation”.
13 

(1) The Fire Safety Regulations (Northern Ireland) 2010 are amended as follows.
(2) In regulation 2(1)—
(a) omit the definition of “approved classification and labelling guide”;
(b) omit the definition of “the CHIP Regulations”;
(c) after the definition of “child” insert—“
 “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”;
(d) in the definition of “dangerous substance”—
(i) for paragraph (a) substitute—“
(a) a substance or mixture which meets the criteria for classification as hazardous within any physical hazard class laid down in the CLP Regulation, other than “corrosive to metals” or “gases under pressure”, whether or not the substance or mixture is classified under that Regulation”; and
(ii) in paragraph (b), for “preparation” substitute “mixture”; and
(e) in the definition of “safety data sheet”, for “regulation 5 of the CHIP Regulations” substitute “Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC”.
14 

(1) The Control of Asbestos Regulations (Northern Ireland) 2012 are amended as follows.
(2) In Schedule 2, for paragraph 1(1)(a) substitute—“
(a) raw asbestos, together with the labelling required under—
(i) 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, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time; and
(ii) the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010;”.
15 

(1) The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 are amended as follows.
(2) In regulation 24—
(a) in paragraph (c) delete “and” at the end of the paragraph;
(b) for paragraph (d) substitute—“
(d) regulation 5A, with effect from 1st June 2017; and”; and
(c) after paragraph (d) insert—“
(e) regulations 2, 3 and 12, with effect from 1st June 2018.”.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 4th June 2015.
Eugene Rooney
A senior officer of the Department of Enterprise, Trade and Investment
