Introduction

The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 implement Directive 2006/8/EC.  This Directive adapts for the 2nd time the Dangerous Preparations Directive (1999/45/EC).

The Dangerous Preparations Directive sets out requirements to classify dangerous preparations and, where they are supplied, to package and label them according to their hazards.  Here, ‘classification’ means the outcome of a systematic process that identifies the hazardous properties of chemicals, eg explosive, flammable, toxic, carcinogenic, corrosive, irritant, harmful to aquatic organisms etc.  The classifications are based on scientific evidence and trigger controls on storage (including major hazards sites) and use of these preparations and products containing them.

Directive 2006/8/EC changes three of the annexes in the Dangerous Preparations Directive which are technical in nature and have been agreed by experts from Member States after full consultation, discussion and scientific inquiry.  The changes do not affect the main legal duties but do adjust:

• The rules and procedures for classifying and labelling a chemical preparation containing carcinogens, mutagens or substances toxic for reproduction;
• The generic concentration limits to be used for the evaluation of the hazards for the aquatic environment; and
• The classification and labelling requirements for preparations containing ozone depleting substances;

The Directive also clarifies and makes more consistent specified warning phrases on labels for certain preparations.

Adaptations to technical progress (ATP) ensure that the provisions of the Directive are kept up-to-date, in line with developing scientific knowledge and the development and commercialisation by industry of new and innovative preparations.  The regulations implement the 2nd ATP to the Dangerous Preparations Directive.

These regulations do what is necessary to implement the Directive, including making consequential changes to domestic legislation to ensure its coherence in the area to which they apply.

Articles:	Objective:	Implementation:	Responsibility:
Article 1	To implement the latest amendments to Annexes II, III and V to Directive 1999/45/EC, as specified in the Annex to Directive 2006/8/EC	Save where indicated below, by Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008. They amend the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689, as amended by S.I. 2004/568, S.I. 2004/3386, S.I. 2005/1732, S.I. 2005/2571 and S.I. 2005/2092 (the “principal Regulations”) which give effect to the provisions of the principal Directive. Regulations 4 and 5 amend Schedule 3 and 5 to the principal Regulations.	The Secretary of State, by amending Regulations, save where stated below.
Article 2.1	Member States to bring into force the laws, regulations and administrative provisions necessary to comply with the amending Directive by 1 March 2007	As above, by Regulations 4 and 5.
	Member States to inform the European Commission thereof	In the Explanatory Note to the Regulations and in this Table	The Health and Safety Executive via UKREP
	Measures to contain or be accompanied by a reference to the amending  Directive
Article 2.2	Member States to communicate to the European Commission the text of the main provisions of national law which they adopt		The Health and Safety Executive via UKREP
Article 3	Date of entry into force of the amending Directive	No action required
Article 4	The amending Directive is addressed to Member States	Action required as specified in this Table.