Chemicals Legislation

Convention on the Protection of the Marine Environment of the North East Atlantic 1992 (OSPAR Convention)  The 1992 OSPAR Convention guides international cooperation on the protection of the marine environment of the North-East Atlantic. It provides for stringent measures to be adopted with respect to the prevention and elimination of marine pollution and the protection of the marine environment. Under the Convention the Offshore Oil and Gas Industry Strategy sets the objective of preventing and eliminating pollution and taking the necessary measures to protect the maritime area against the adverse effects of offshore activities so as to safeguard human health and of conserving marine ecosystems and, when practicable, restoring marine areas which have been adversely affected. Adoption of Annex V in 1998, saw the convention embrace a more holistic responsibility for environmental protection of the north east Atlantic, including its diverse biodiversity.  The OSPAR Convention entered into force on 25 March 1998.
International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001 This Convention included a control measure that ships must not apply or re-apply organotin compounds which act as biocides in anti-fouling systems from 1 January 2003. From 1 January 2008, all ships are required to either not have organotin systems on their hulls or external parts, or have a sealer coat to prevent it leaching out. The UK are in the process of accession to this Convention (see MIN 370 (M+F)).
OSPAR Decision 2000/3 on the Use of Organic-phase Drilling Fluids (OPF) and the Discharge of OPF-Contaminated Cuttings OSPAR Decision 2000/3 that came into effect on 16 January 2001 effectively eliminates the discharge of organic phase fluids (OPF) (oil based (OBM) or synthetic based (SBM) drilling fluids) or cuttings contaminated with these fluids. Use of OPF is still allowed provided total containment is operated. The use of diesel-oil-based drilling fluids is prohibited. The discharge of whole OPF to the sea is prohibited. The mixing of OPF with cuttings for the purpose of disposal is not acceptable. The discharge of cuttings contaminated with oil based fluids (OBF) (includes OBM and SBM) greater than 1% by weight on dry cuttings is prohibited. The use of OPF in the upper part of the well is prohibited. Exemptions may be granted by the national competent authority for geological or safety reasons. The discharge into the sea of cuttings contaminated with synthetic fluids will only be authorised in exceptional circumstances. Authorisations to be based on the application of BAT/BEP. Best Available Techniques described within the Decision include recycling, recovery and reuse of muds.
OSPAR Recommendation 2000/2 on a harmonised mandatory control system for the use and reduction of the discharge of offshore chemicals as amended by OSPAR Decision 2005/1 This Decision entered into force on 16 January 2001 and superseded: PARCOM Decision 96/3 on a Harmonized Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals, and b. PARCOM Decision 97/1 on Substances/Preparations Used and Discharged Offshore.
OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format (HOCNF) The purpose of the Harmonised Offshore Chemical Notification Format (HOCNF) is to provide authorities with data and information about chemicals to be used and discharged offshore, to enable the authorities to take the appropriate regulatory action in accordance with the scope of OSPAR Decision 2000/2. This Recommendation came into force on 1 January 2011 with the prospect of further review at a later date.
OSPAR Recommendation 2010/4 on a Harmonised Pre-Screening Scheme for Offshore Chemicals Pre-screening is necessary in allowing authorities to identify substances intended for use, or used in, offshore chemicals with the aim of substituting those substances which are hazardous for more environmentally friendly chemicals or components contained within. This Recommendation came into force on 1 January 2011 with the prospect of further review at a later date.
OSPAR Recommendation 2006/3 on Environmental Goals for the Discharge by the Offshore Industry of Chemicals that are, or which contain Substances Identified as Candidates for Substitution The OSPAR Convention (in particular Annex III) is the main driver for reductions in oily discharges to the North Sea. The UK as a contracting party to the Convention is therefore obliged to implement any Decisions and Recommendations made by the Commissions. Certain decisions made under the earlier Paris Convention also still stand. The purpose of this Recommendation is to set an environmental goal for the discharge of offshore chemicals that are, or which contain substances identified as candidates for substitution, in order to set a specific time-frame for moving towards the cessation of these discharges from offshore installations.
Commission Regulation (EU) 2016/26 of 13 January 2016 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards nonylphenol ethoxylates Available here
Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) This Directive, which entered into force on 16 September 1996, requires the preparation of inventories, labelling and appropriate disposal/treatment of all significant PCB holdings. The Directive was invoked as a result of an agreement at the Third International North Sea Conference in 1990 to phase out and destroy identifiable PCBs by the end of 1999. In addition the Paris Commission (now OSPAR) agreed a decision on PCBs in 1992 (PARCOM Decision 92/3). This confirmed the end of 1999 as the date for the phase-out by North Sea countries and set a target date of 2010 for those non-North Sea countries which were party to the Paris Convention.
Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009, which came into force the following month, amended Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. This amendment Directive supplements the 2005 Directive by making illicit ship-source discharges of polluting substances criminal offences as long as they have been committed with intent, recklessly or with serious negligence and result in deterioration in the quality of water.
Directive 2011/65/EU -The Restriction of the Use of Certain Hazardous Substances (RoHS) in Electrical and Electronic Equipment (EEE) The Directive, which was introduced on 8 June 2011, sets out  rules on the restrictions on the use of hazardous substances in electrical and electronic equipment (EEE) with the view to contributing to the protection of human health and the environment, this includes environmentally safe means of recovery and disposal of waste EEE.
EC Regulation 987/2008 amending EC Regulation 1907/2006 (REACH) Regulation EC 987/2008, which came into force in October 2008, amends Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annexes IV and V.
EC Regulation 552/2009 amending EC Regulation 1907/2006 (REACH) Regulation EC 552/2009, which came into force in June 2009, amends Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII.  The amendment sets out a new table of dangerous substances, mixtures and articles with manufacturing, monitoring and use restrictions.
EC Regulation 276/2010 amending EC Regulation 1907/2006 (REACH) Regulation EC 276/2010, which came into force in March 2010, amends Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII.  The amendment changes the criteria for compiling safety data sheets for substances and mixtures.
EC Regulation 453/2010 amending EC Regulation 1907/2006 (REACH) Regulation EC 453/2010, which came into force in May 2010, amends Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII.  The amendment changes the criteria for compiling safety data sheets for substances and mixtures.
EC Regulation 143/2011 amending EC Regulation 1907/2006 (REACH) Regulation EC 143/2011, which came into force in February 2011, amends Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XIV.  The amendment adds six substances that are not to be placed on the market or used after a certain date, unless authorisation has been granted.
EC Regulation 494/2011 amending EC Regulation 1907/2006 (REACH) Regulation EC 494/2011, which came into force in May 2011, amends Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII.  The amendment adds criteria to Annex XVII for controlling the use of cadmium in plastics, paints, brazing filler and jewellery.
EC Regulation 253/2011 amending EC Regulation 1907/2006 (REACH) Regulation EC 253/2011, which came into force in March 2011, amends Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XIII.  The amendment replaces Annex XIII relating to the identification of persistent, bioaccumulative and toxic substances and very persistent and very bioaccumulative substances.
EC Regulation 326/2015 amending EC Regulation 1907/2006 (REACH) Regulation EC 326/2015, which came into force in March 2015, amends Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards as regards polycyclic aromatic hydrocarbons and phthalates.
EC Regulation 628/2015 amending EC Regulation 1907/2006 (REACH) This Regulation amends Annex 17 to Regulation (EC) 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regarding lead and its compounds. The amendment places a threshold on the concentration of lead allowed in certain articles and gives exceptions to that limit for some articles.
EC Regulation 830/2015 amending EC Regulation 1907/2006 (REACH) This Regulation replaces Annex 2 to Regulation (EC) 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), which deals with the requirements of safety data sheets.
EC Regulation 326/2015 amending EC Regulation 1907/2006 (REACH) This Regulation amends Annex 17 to Regulation (EC) 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regarding polycyclic aromatic hydrocarbons and phthalates (PHAs).
EC Regulation 282/2015 amending EC Regulation 1907/2006 (REACH) This Regulation amends Annex 8, 9 and 10 to Regulation (EC) 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regarding the Extended One-Generation Reproductive Toxicity Study.
EC Regulations 1272/2008 (CLP Regulations) as amended The EC Regulations 1272/2008 on classification, labelling and packaging of substances and mixtures, also known as the CLP Regulations.  The CLP Regulations came into force for all EU member states on 20 January 2009.  There have been a number of amendments to the Regulation, the latest amendment EC Regulation 1297/2014 came in to force on 5 December 2014.  These Regulations are in place to insure a high level of protection for human health and the environment, as well as the movement of chemical substances and mixtures.
EC Regulation 850/2004 on Persistent Organic Pollutants These Regulations entered into force in May 2004 and the UK is required to record releases of substances including dioxins, PCBs, furans and PAHs and draw up plans to reduce emissions.
EC Regulation 782/2003 on the Prohibition of Organotin Compounds on Ships This EC Regulation implements the IMO Convention on the Control of Harmful Anti-Fouling Systems on Ships 2001 in the EU and is directly applicable in the UK. The Regulations also apply to any Fixed or Floating Platform, FSU or FPSO as these fall into the definition of a Ship. These Regulations entered into force in July 2008.
EC Regulation 1907/2006 (REACH) as amended REACH is a new European Community Regulation on chemicals and their safe use (EC 1907/2006). It deals with the Registration, Evaluation, Authorisation and Restriction of Chemical substances. The new law entered into force on 1 June 2007. REACH requirements will be phased in over a period of 11 years.
EU Regulation (EU) 756/2010 – Amending the POPs Regulation as regards Annexes IV and V This Regulation replaced Annex IV and amended Annex V to Regulation (EC) 850/2004, on persistent organic pollutants and came into force on 26 August 2010.
EU Regulation 1102/2008 on the banning of exports of metallic mercury and certain mercury compounds/mixtures EU Regulation No. 1102 / 2008 implements the objectives of the Community Strategy Concerning Mercury (adopted in 2005) which are to reduce the supply of, and demand for, mercury in order to protect human health and the environment . This Regulation came into force in November 2008, and required the EU banned all exports of metallic mercury and certain mercury compounds and mixtures in 15 March 2011.
Guidance on the Application of the CLP Criteria This guidance was updated in June 2015 in order to update the text following the end of the transitional period in Regulation (EC) 1272/2008. This update included the removal of sections on flammable gases and aerosols as they were outdated.
Introductory Guidance on the CLP Regulation This Guidance has been updated in July 2015 to provide an overview of the obligations under Regulation (EC) 1272/2008, in particular after the end of the transition periods for classification, packaging and labelling from the previous legislation.
Persistent Organic Pollutants Regulations (POPs) 259/2004/ECEC Regulation EC/1195/2006EC Regulation EC/323/2007EC Regulation EC/757/2010 The POPs Regulations entered into force in May 2004 and the UK is required to record releases of substances including dioxins, PCBs, furans and PAHs and draw up plans to reduce emissions. The Regulation contains an exemption for equipment containing PCBs, the use of which is permitted until 2010. By way of derogation, equipment with PCBs between 50ppm and 500ppm can be disposed of at the end of its useful life. Annex IV of EC/1195/2006 (August 2006) amending the POPs Regulations sets limits for POPs in waste of 50 mg/kg. Annex V of EC 323/2007 (April 2007) sets derogation limits for POPs in waste. On 26 August 2010, a number of amendments of the EU Regulation entered into force covering an addition four types of polybromodiphenyl ether (PBDEs), alpha hexachlorocyclohexane, beta hexachlorocyclohexane, perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride and pentachlorobenzene.
Regulation (EU) 2229/2015 amending Annex 1 to Regulation (EU) 649/2012 on the export and import of hazardous chemicals This Regulation amends Annex 1 to Regulation (EU) 649/2012 on the export and import of hazardous chemicals.
Regulation (EU) 266/2016 amending, for the purpose of its adaptation to technical progress, Regulation (EC) 440/2008 laying down test methods pursuant to Regulation (EC) 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) This Regulation amends ‘Regulation (EC) 440/2008’ laying down test methods in accordance with Regulation (EC) 1907/2006, on REACH. Regulation 440/2008 has been amended by Regulation (EU) 735/2017.
Regulation (EU) 735/2017 amending the Annex to the Regulation (EC) 440/2008 laying down test methods pursuant to Regulation EC 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) This Regulation amends the Annex to Regulation (EC) 440/2008 which details test methods which determine physico-chemical properties, toxicity and eco-toxicity of substances in accordance with REACH.
Regulation (EU) 9/2016 , on joint submission of data and data-sharing in accordance with Regulation (EC) 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) These Regulations, which came into force in January 2016, set out the required duties and obligations for associated parties to agreements where information sharing and associated costs are required under Regulation (EC) 1907/2006, on REACH.
Regulation (EU) 528/2012 on the making available on the market and use of biocidal products (The Biocides Regulation) This Regulation was brought in to improve the functioning of the internal market through the harmonisation of the rules on the availability, and the use, of biocidal products, ensuring a high level of protection of both human and animal health and the environment. The Directive came into force on 1 September 2013.

 

Deposits in the Sea (Exemptions) Order, 1985 A licence is required under FEPA for any waste disposal in the sea or under the seabed. However, the Deposits in the Sea (Exemptions) Order 1985 exempts from FEPA licensing the deposit on site or under the seabed of; any chemicals, drill cuttings or drilling muds in the course of the drilling or production operation etc. This Order came into force on 1 January 1986.
Food and Environment Protection Act 1985 (FEPA) Initially coming into force in January 1986, the Food and Environmental Protection Act (FEPA), Part II Deposits in the Sea, used to cover the discharge or placement of substances or articles in the sea or on the seabed where the deposits could not be covered by other legislation. However, following the introduction of the licensing provisions of the Marine and Coastal Access Act 2009 (6 April 2011), it was dis-applied in English and Welsh waters and offshore waters adjacent to Scotland. FEPA Part II, however is still applicable to Scottish territorial waters, between the three nautical miles of Scottish controlled waters limit and the 12 nautical miles Scottish territorial sea limit, where DECC will remain the licensing authority. For activities within Scottish controlled waters, the Scottish Government is the licensing authority and the Marine (Scotland) Act 2010 is the relevant controlling legislation. The majority of offshore energy activities relating to oil and gas exploration/production and gas unloading and storage are controlled under the Petroleum Act 1998 (as amended) or the Energy Act 2008, and are specifically excluded from the marine licensing provisions of both the Marine and Coastal Access Act 2009 (MCAA) and the Marine (Scotland) Act 2010 (MSA).
Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 These Regulations implement Annex II of MARPOL 73/78 (which sets out regulations for the control of pollution by noxious liquid substances)  and entered force on 1 January 1997.
Offshore Chemicals (Amendment) Regulations 2011 The Offshore Chemicals (Amendment) Regulations came into force in March 2011 and clarify the status of accidental releases and the reporting procedure for PON1s. The key changes to the regulations are: clearer distinction and definition between intentional (operational) discharges and accidental releases. This will for example, clarify treatment of leaks, particularly in relation to “open” hydraulic fluid systems and the use of leak detection and leak sealant chemicals; a new Regulation 3A is included which prohibits any person from releasing an offshore chemical or allowing such a release to continue and to make the contravention of this provision an offence under Regulation 18 of the 2002 Regulations; the Regulations widen the circumstances in which a person can be prosecuted for emitting an offshore chemical so that an intentional emission (i.e. a discharge) will only be lawful if made within the terms and conditions attached to a permit, and any other emission (i.e. a release) will be unlawful; Regulation 7(b) amends Regulation 5(2)(d) so that conditions of permits can require necessary measure to be taken to prevent or limit the consequences of any incidents affecting the environment, not merely those arising by accident; Regulations 9(b) and 10(b)(ii) remove the requirements to consult the Centre for Environment Fisheries and Aquaculture Science, the Fisheries Research Service and states who are party to the OSPAR Convention in relation to the renewal or variation of a permit; Regulation 12 inserts a new Regulation 12a to establish a process for the transfer of a permit from one holder to another; Regulation 15 extends the circumstances in which a person may be required to provide information to the Secretary of State about the emission and use of offshore chemicals; Regulations 17 and 18 extend the circumstances in which enforcement and prohibition notices can be served to include any release of an offshore chemical or its use or discharge without a permit. Changes are also made to the period within which remedial steps are to be taken under an enforcement or prohibition notice. This aligns enforcement processes for OCR and OPPC (e.g. powers to prevent releases, enforcement notices, prohibition notices and offences); and Regulation 20 amends provision in relation to offences and makes a number of qualifications regarding defences.
Offshore Installations (Emergency Pollution Control) Regulations 2002 These Regulations, which came into force in 2002, give the Government power to intervene in the event of an incident involving an offshore installation where there is, or may be a risk of significant pollution, or where an operator has failed to implement proper control and preventative measures. These Regulations apply to chemical and oil spills.
Offshore Chemical Notification Scheme (OCNS) The Offshore Chemical Notification Scheme (OCNS), which originally came into force on 15 May 2002, manages chemical use and discharge by the UK and Netherlands offshore petroleum operators. The OCNS uses the OSPAR Harmonised Mandatory Control Scheme (HMCS) developed through OSPAR Decision 2002/2 and its supporting recommendations.
The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 These Regulations came fully into force on 1 June 2015 and apply to England, Scotland, Wales and Northern Ireland. Provisions relating to extent and amendments to the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 came into force on 31 May 2015. They amend various pieces of legislation arising from changes to the legislation at European level that regulates the classification, labelling and packaging of chemicals. Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures comes fully into force on 1 June 2015, which has brought about the need for amendments.
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2000 These regulations implement EC Directive 96/59/EC (16 September 1996) on the disposal of polychlorinated biphenyls and polychlorinated terphenyls in the UK – Scotland (8 May 2000) and England and Wales (4 May 2000). The England and Wales Amendment of 2000, came into force on 1 January 2001. Equipment containing PCBs is now required to be identified, registered, labelled and disposed of and decontaminated. The following substances are covered in the definition of PCBs, but only those containing substances in a total of more than 0.005% by weight (equivalent to 50 ppm): Polychlorinated Biphenyls (PCBs); Polychlorinated Terphenyls (PCT); Monomethyl-dibromo-diphenyl methane; Monomethyl-dichloro-diphenyl methane;  and Monomethyl-tetrachlorodiphenyl methane.
The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 These Regulations ensure that the necessary enforcement provisions are in place in the UK to give effect to European Regulation (EC) No 782/2003 on the prohibition of organotin compounds on ships. This Regulation prohibits ships from having organotin compound based anti-fouling paints applied to their hulls or other external surfaces, and it establishes a survey and certification regime in relation to anti-fouling systems. These Regulations came into force on 1 December 2009.
The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009  These Regulations implement EU Directive 2005/35/EEC in ship-source pollution and on the introduction of penalties for infringement, through amendment of the 1996 NLS Regulations and the Merchant Shipping Act 1995. The Regulations limit the defences available to the master or owner of a ship involved in an oil spill or chemical spill and extend liability for the discharge to others such as charterers and classification societies. This closed a loop hole in the existing legislation where some large spills were not open to prosecution under MARPOL. These Regulations entered force on 1 July 2009.
The Persistent Organic Pollutants Regulations 2007  These Regulations control the production and use of certain persistent organic pollutants (e.g. PCBs and PAHs). Requirements include controls on use and waste handling/disposal of products containing such components. Controls on use/discharge will be managed through the existing CEFAS registration scheme under the Offshore Chemical Regulations 2002. These Regulations came into force on 3 December 2007.
The REACH Enforcement Regulations 2008 as amended The EC REACH Regulations, which entered into force on 1 June 2007, are directly applicable in the UK, however the REACH Enforcement Regulations 2008 provide the regulatory framework for REACH in the UK. The UK REACH Regulations apply to all offshore installations but not ships. DECC has issued an Advisory Note on Offshore Application of REACH. The latest amendment to the 2008 Regulations came into force on 16 December 2013.