What Notifications and Authorisations are Required Regarding Chemicals?

The Authority is involved in three different types of notifications relating to chemicals:

1. When Do I need to Notify the HSA under the COMAH Regulations?
2. What notifications do Exporters have to submit to the HSA?
3. What Authorisation do I need from the HSA Regarding the use of paint containing lead?
4. How do I apply for an Asbestos Article Exemption Certificate?

1.    When Do I Need to Notify the HSA Under the COMAH Regulations?

Operators of establishments covered by the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2006 (S.I. No. 74 of 2006) are required under Regulation 11 to notify the Authority's COMAH Unit of their existence, and to provide specified details in relation to the operator, relevant dangerous substances, inventories, type of activity and the immediate environment of the establishment in accordance with Schedule 3 of the Regulations. In the event of any significant increase in the quantity, or a significant change in the nature or physical form, of the dangerous substance present, as indicated in the notification provided, or any significant change in the processes employing it or any modification to the establishment which could have significant repercussions for major hazards, the operator should inform the COMAH Unit immediately, in writing. Notification is also required in the event of permanent closure.

The COMAH unit can be contacted at both the Dublin and Cork Offices

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2.    What Notifications do Exporters Have to Submit to the HSA?

If certain industrial chemicals are being exported to countries outside of the EU, the exporter is required to notify the importing non-EU country before the export takes place. This is done via the Authority, which is the Designated National Authority for industrial chemicals under the Export Import Regulation.

Article 17 of Regulation (EC) No 689/2008 on the Export and Import of Dangerous Chemicals requires exporters to notify exporters of certain chemicals listed in Annex I to the Regulation. To do this, exporters of Annex I industrial chemicals must fill out an export notification form and submit it to the Authority for processing via the EU Commission’s EDEXIM database. Once the notification is processed, a reference identification number (RIN) is issued via EDEXIM and this RIN is forwarded to the exporter by the Authority. The exporter must include this RIN in Box 44 of their customs declaration i.e. the Single Administration Document (SAD).

Export Notification Form (pdf, 37.54KB)

Related Links:

• Export and Import of Dangerous Chemicals
• Chemicals Covered
• I am an exporter – what do I do?

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3.    What Authorisation do I Need From the HSA Regarding the use of Paint Containing Lead?

There is a ban on the use of lead carbons and lead sulphates in paint. However, the Authority can allow for the use of lead carbons and sulphates in paints intended for the restoration and maintenance of works of art and historic buildings and their interior in Ireland.

Entries 16 and 17 of Regulation (EC) No 552/2009 Amending Regulation (EC) No 1907/2006 (REACH) as Regards ANNEX XVII allows Member States to permit the use on their territory of lead carbons and sulphates and mixtures containing them, for the restoration and maintenance of works of art and historic buildings and their interiors in Ireland. Prospective users of lead carbons and sulphates in paint must apply to the Authority for authorisation for this use. The application form describes an historic building and specifies that work using lead paints must be carried out in accordance with the requirements of the European Communities (Protection of Workers) (Exposure to Lead) Regulations, 1988 & Safety, Health and Welfare at Work (Chemical Agents) Regulation, 2001. A copy of the Safety Data Sheet (SDS) for the paint should be attached with this application.

Application form for authorisation to use lead paint (pdf)

Related Links:

• Biological Monitoring Guidelines
• Restrictions under the REACH Regulation
• Restricted chemicals

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4. How do I apply for an Asbestos Article Exemption Certificate?

You can download the Asbestos Article Exemption Certificate form here. The Chemicals (Asbestos Articles) Regulations 2011 (S.I. 248 of 2011) came into operation on 31^st May 2011. These CAA Regulations have been made under the Chemicals (Amendment) Act 2010 (No. 32 of 2010).

The CAA Regulations govern the regime under which persons or bodies must apply to the Health and Safety Authority (HSA) for an ‘asbestos article exemption certificate’ before they may place permitted asbestos-containing articles on the market – whether for payment or free – and make it an offence to place such articles on the market in the absence of such an exemption certificate.  Once a certificate is issued, for either a category of articles or in respect of a particular applicant only, and subject to any conditions and time limits, as appropriate, then the articles concerned may be placed on the market.  Otherwise, asbestos-containing articles may not be placed on the Irish market.

Please refer to our Guide to the Chemicals (Asbestos Articles) Regulations 2011 (S.I. 248 of 2011)

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