Environment law update: Transport and labelling of waste and hazardous substances 5

The Chemical (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP 3) came into force on 24 July 2002. They revoke the CHIP 1994 Regulations. CHIP 3 implements several EU Directives designed to ensure that people are adequately informed of the dangers of chemicals at work and in the home. They require all suppliers of dangerous chemicals to provide the same standard information to customers. Suppliers are required to classify their products, suitably package them and provide information in the form of warning labels and safety data sheets. The main changes introduced by the new Regulations are: environmental classification and labelling for preparations; warning labelling on preparations not classified as sensitisers containing small amounts of the substances; provision of safety data sheets on request to professional users of some non-classified preparations; better guidance on preparation of safety data sheets; and a more transparent labelling phrase for Category 3 Carcinogens. HSE is also publishing a range of supporting documents. These include an approved supply list, listing EC agreed classification and labelling for many common substances, an approved classification and labelling guide for chemicals not included in the approved supply list, and an approved Code of Practice on the compilation of safety data sheets. A significant number of chemicals are classified as dangerous and for the first time under CHIP3, while some existing classifications are revised.
(SO, 28 June 2002)

The HSE has released ‘the Idiot’s Guide to CHIP 3’. It is intended for chemical retailers and its application ranges from bulk sales of commodity chemicals to household products. The guide and explains the legal obligations for providing safety, health and environmental information for customers. CHIP applies to all chemicals which are not subject to their own regulatory regime, such as medicines and cosmetics.
(HSE, June 2002)

New substances

The Notification of New Substances (Amendment) Regulations 2002 (SI 2002 No 2176) came into force on September 17. Known as NONS 2002, the amendments introduce a reduced test package (RTP) for chemical intermediates with low exposure to workers and the environment. The HSE will accept an RTP if the chemical manufacturer provides a satisfactory technical dossier detailing the information necessary to evaluate the foreseeable risk for man and the environment, although additional tests and studies may be required for intermediates in higher volumes. The amendment implements some of the provisions in an EU Directive adapting to technical progress for the 28th time Directive 67/548/EEC relating to the classification, packaging and labelling of dangerous substances (2001/59/EC). The HSE estimate that the amendment to the Regulations will save companies an estimated £1.7 million on the notification of intermediates.
(SO, 17 August 2002)

GMOs

DEFRA has sought comments on proposed regulations on the transboundary movement of GMOs. The new regulations will implement the Cartagena Protocol on bio safety which sets out international rules governing decisions on the import and export of GMOs. They will also implement other EU requirements such as exporter obligations. Imports of GMOs into and within the EU are covered by existing legislation. DEFRA is now seeking to find out whether the proposed regulations will have any significant implications for business and required a response before the end of September 2002.
(DEFRA, July 2002)

Radioactive material

The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 (SI 2002 No 2099) came into force on 2 September 2002. They implement a Directive on the Transport of Dangerous Goods by Rail (as amended) (96/49/EC) as it relates to the Carriage of Radioactive Material by Rail. The Regulations also revoke the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996 (SI 1996 No 2090). Among the provisions in the new Regulations is for consignors of radioactive material by rail to determine the type of radioactive material and transport index under international regulations concerning the carriage of dangerous goods by rail (RID), which came into force on 1 July 2001. They also introduce certain duties on consignors, train operators and the designers and manufacturers of packaging. Provision is also made for the training of persons involved, the preparation of safety systems and procedures to deal with any emergencies, record keeping and the marshalling and formation of trains transporting radioactive material.
(SO, 6 August 2002)

International

Bunkers Convention

The UK has signed the Bunkers Convention which provides a strict liability and compensation insurance regime for pollution from ships bunker fuel. This is potentially the worst source of oil pollution in the marine environment. The convention will make it easier for claimants to recover costs by providing the right of direct action against ship owners’ insurer. It is expected that a number of other countries will also sign the convention shortly allowing the ratification of the convention in the next 2–3 years.
(Department for Transport Press Notice, 6 September 2002)

For further information please contact Paul Sheridan on +44(0)20 7367 2186 or at [email protected]