Citation, commencement and extent

1. —(1) These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 and shall come into force on 11th March 2002.

(2) These Regulations do not extend to Northern Ireland.

Interpretation

2. In these Regulations—

• [^F1 “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; ^F1]

• “the Directives” means—

  (a)

  Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;

  (b)

  Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail;

  (c)

  European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations;

  (d)

  Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway;

  (e)

  Commission Directive 96/86/EC adapting to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;

  (f)

  Commission Directive 96/87/EC adapting to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous good by rail;

  (fa)

  ^F2 ...

  (g)

  Commission Directive 1999/47/EC adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;

  (h)

  Commission Directive 1999/48/EC adapting for the second time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail;

  (ha)

  [^F3 Directive 2000/18/ EC of the European Parliament and of the Council on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway; ^F3]

  (i)

  Directive 2000/61/EC of the European Parliament and of the Council amending Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;

  (j)

  Directive 2000/62/EC of the European Parliament and of the Council amending Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail;

  (k)

  ^F4 Commission Directive 2001/6/EC adapting for the third time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail; ...

  (l)

  ^F4 Commission Directive 2001/7/EC adapting for the third time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road; ...

  (m)

  ^F2 ...

  (n)

  [^F5 Commission Directive 2003/28/ EC adapting for the fourth time to technical progress Council Directive 94/55/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road; ^F6 ...

  (o)

  Commission Directive 2003/29/ EC adapting for the fourth time to technical progress Council Directive 96/49/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail; ^F6 ... ^F5]

  (p)

  [^F7 Commission Directive 2004/89/ EC adapting for the fifth time to technical progress Council Directive 96/49/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail;

  (q)

  Commission Directive 2004/110/ EC adapting for the sixth time to technical progress Council Directive 96/49/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail; ^F6 ...

  (r)

  Commission Directive 2004/111/ EC adapting for the fifth time to technical progress Council Directive 94/55/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road [^F8 ; ^F8,F7]]

  (s)

  [^F9 Commission Directive 2006/89/ EC adapting for the sixth time to technical progress Council Directive 94/55/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road; ^F10 ...

  (t)

  Commission Directive 2006/90/ EC adapting for the seventh time to technical progress Council Directive 96/49/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail; and ^F9]

  (u)

  [^F11 Directive 2008/68/ EC of the European Parliament and of the Council on the inland transport of dangerous goods; and ^F11]

• “environmentally hazardous substances” means substances which are dangerous to the environment (whether or not they are already within section 1(1)(c) of the Health and Safety at Work etc. Act 1974 as dangerous substances).

Extension of power to make regulations

^M4 3. For the purposes only of enabling regulations under section 15 of the Health and Safety at Work etc. Act 1974 to be made to implement any obligation imposed by any of the Directives[^F12 or by the CLP Regulation ^F12] or to deal with any matter arising out of or related to any such obligation, the reference to dangerous substances in section 1(1)(c) of that Act shall have effect as if it included a reference to environmentally hazardous substances.

Revocations

^M5,M6 4. The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 1996 and the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 1999 are hereby revoked.