Asbestos (Restrictions and Exemptions)

Asbestos Ban

The marketing and use of asbestos has been restricted since 1999 under the Marketing and Use Directive 76/769/EEC as amended. The REACH Regulation (EC) No. 1907/2006 as amended by Regulation (EC) No. 552/2009 (entry no. 6 of Annex XVII for asbestos) prohibits the manufacture, placing on the market and use of these fibres and of articles containing these fibres.

The REACH Regulation (EC) No. 1907/2006 prohibits the placing on the market, the supply and use of asbestos fibres of all types and of products containing asbestos fibres. The restriction conditions for asbestos fibres can be found in entry no. 6 of Annex XVII of the REACH Regulation, recently amended by Regulation (EC) No. 552/2009

Exemptions

The use of articles containing asbestos fibres, which were already installed and/or in service is allowed until they are disposed of or reach the end of their service life. Workplace health and safety legislation applies.

The Chemicals (Asbestos Articles) Regulations 2011,

• allow for sampling and analysis and for asbestos removal, transfer and disposal by competent persons. The provisions of the Asbestos Regulations still apply.

• allow the placing on the market of articles in their entirety containing asbestos fibres which were already installed and/or in service before 1 January 2005, under specific conditions ensuring a high level of protection of human health. You must apply to the Health and Safety Authority (HSA) for an ‘asbestos article exemption certificate’ before you place permitted asbestos-containing articles on the market (whether for payment or free). It is 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.

How do I apply for an Asbestos Article Exemption Certificate?

You can download the Asbestos Article Exemption Certificate form here.

Please refer to our Guide to the Chemicals (Asbestos in Articles) Regulations 2011