Health and Safety Executive

Section B - Regulations arising from Europe where it has not been possible to align with either of the common commencement dates.

HSE does not have full control of the commencement date for Regulations arising from Europe

Genetically modified organisms (Contained Use) (Amendment) Regulations 2010

This introduces minor amendments to the existing Genetically Modified Organisms (Contained Use) Regulations 2000 to address the under-implementation of requirements contained in EU Directive 98/81/EC. These amendments are expected to come into force in December 2010.

Further information on the Genetically modified organisms

2nd Adaptation to Technical Progress of the European Regulation on the Classification, Labeling and Packaging of substances and mixtures (CLP)

The CLP is an EU Regulation that applies directly in member states without being transposed into domestic legislation. The CLP is the means by which the EU has adopted the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The GHS was created and published in 2003 following an internationally agreed mandate for "a globally harmonised hazard classification and labelling system, including safety data sheets and easily understandable symbols". The 2nd Adaptation to Technical Progress amends the CLP Regulation to adopt the changes made in the latest edition of the GHS, which is updated on a biennial basis to reflect evolving scientific developments. The 2nd ATP is expected to become law early in 2011 and to include transitional periods before duty holders have to comply - the earliest of these is expected to be at least 18 months.

Further information on the Classification, Labelling and Packaging Regulations

Amendment to Annex 1 of EC Regulation 689/2008 concerning the export and import of dangerous chemicals

The proposed amendment would add a further five substances to Annex 1 of Regulation EC 689/2008 (the regulation that implements the Rotterdam Convention on Prior Informed Consent within the European Union). It would also amend several other Annex 1 entries and removes one substance from Part 2 of the annex meaning that it no longer requires an explicit consent to export.  These are all substances for which final regulatory action has previously been taken under other European Directives and which are no longer approved within the European Union for use as a pesticide and/or biocide. This is a direct acting European Regulation, and if adopted the amendment will enter into force 20 days after its publication in the EU's Official Journal - in this case March 2011.

Further information on the export and import of dangerous chemicals

Four Commission Directives amending Directive 98/8/EC of the European Parliament and of the Council to include specific active substance in Annex I thereto.

Directive 98/8/EC controls the marketing and use of biocidal products across the EU (products which control harmful organisms such as insectides, rodenticides, wood preservatives etc). The proposed Directives allow the named biocidal active substances to be included in Annex I of 98/8/EC. Annex I is a list of active substances with requirements agreed at European level for inclusion in biocidal products. When an active substance is listed it paves the way for biocidal products containing such active substances to be authorised for placing on the market, allowing companies to apply to Member States for authorisation to supply biocidal products containing those substances. The Directives also establish the date of inclusion and may set further specific conditions for inclusion. No changes to UK domestic legislation will be necessary.

Proposed direct acting EU Regulation on placing on the market and use of biocidal products

The European Commission has published a proposal for a European Regulation to replace the current Biocidal Products Directive 98/8/EC. The Regulation simplifies and reduces the cost of the current system for regulating the sale and use of biocidal products (like disinfectants, insect sprays and rat poison) while continuing to make sure that such products do not pose unacceptable risks to human health and the environment. It identifies five policy areas for change: scope, product authorisation, data sharing, data requirements and fees. This is a direct acting EU Regulation and will not require transposition, although regulations may be required on enforcement and fees.


Directgov - Business Link

10.09.10