Department of the Environment

The Department of the Environment has made a Statutory Rule entitled The Marketing and Use of Dangerous Substances (No. 4) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 509).

The Rule comes into operation on 1st January 2005.

The Rule gives effect to European Parliament and Council Directive 2003/11/EC and Commission Directive 2004/98/EC on pentabromodiphenyl ether and octabromodiphenyl ether. These Directives make amendment to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations.

The Rule, which is made under section 2(2) of the European Communities Act 1972, prohibits the marketing and use of pentabromodiphenyl ether or octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. A derogation applies allowing for the marketing and use of pentabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass for aircraft emergency evacuation systems until 31st March 2006.

The Rule makes it a criminal offence to contravene these Regulations and specifies penalties for such an offence.

The Rule revokes The Marketing and Use of Dangerous Substances (No. 2) Regulations (Northern Ireland) 2004.

Copies of the Rule may be purchased from TSO, 16 Arthur Street, Belfast BT1 4GD.