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Document 32019R0521
Commission Regulation (EU) 2019/521 of 27 March 2019 amending, for the purposes of its adaptation to technical and scientific progress Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (Text with EEA relevance.)
Commission Regulation (EU) 2019/521 of 27 March 2019 amending, for the purposes of its adaptation to technical and scientific progress Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (Text with EEA relevance.)
Commission Regulation (EU) 2019/521 of 27 March 2019 amending, for the purposes of its adaptation to technical and scientific progress Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (Text with EEA relevance.)
C/2019/2263
OJ L 86, 28.3.2019, p. 1–36
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
28.3.2019 |
EN |
Official Journal of the European Union |
L 86/1 |
COMMISSION REGULATION (EU) 2019/521
of 27 March 2019
amending, for the purposes of its adaptation to technical and scientific progress Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (1), and in particular Article 53(1) thereof,
Whereas:
(1) |
Regulation (EC) No 1272/2008 harmonises the provisions and criteria for the classification, labelling and packaging of substances and mixtures and certain specific articles within the Union. |
(2) |
Regulation (EC) No 1272/2008 takes into account the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) of the United Nations (UN). |
(3) |
The classification criteria and labelling rules of the GHS are periodically reviewed at the UN level. The sixth and seventh revised editions of the GHS result from changes adopted in 2014 and 2016 respectively by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals. |
(4) |
The sixth and seventh revised editions of the GHS trigger the need to amend some technical provisions and criteria on classification, labelling and packaging in Regulation (EC) No 1272/2008. In particular, these further developments of the GHS introduce a new hazard class for desensitised explosives and a new hazard category, pyrophoric gases, within the hazard class flammable gases. Other changes include adaptations to: the criteria for substances and mixtures which in contact with water emit flammable gases, the generic cut-off values; the general provisions to classify aerosol forms of mixtures; and the detail of the definitions and classification criteria as appropriate for the hazard classes explosives, flammable gases, flammable liquids, flammable solids, acute toxicity, skin corrosion/irritation, serious eye damage/eye irritation, respiratory and skin sensitisation, germ cell mutagenicity, carcinogenicity, reproductive toxicity, specific target organ toxicity and aspiration hazard. In addition, amendments are introduced to some hazard and precautionary statements. It is therefore necessary to adapt some technical provisions and criteria in Annexes I, II, III, IV, V and VI to Regulation (EC) No 1272/2008 to take account of the sixth and seventh revised editions of the GHS. |
(5) |
Regulation (EC) No 1272/2008 should therefore be amended accordingly. |
(6) |
To ensure that suppliers of substances and mixtures have time to adapt to the new classification, labelling and packaging provisions, the application of this Regulation should be deferred. |
(7) |
In line with the transitional provisions of Regulation (EC) No 1272/2008 which allow the application of the new provisions at an earlier stage on a voluntary basis, suppliers should have the possibility of applying the new classification, labelling and packaging provisions on a voluntary basis before the date of application of this Regulation. |
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2), |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1272/2008 is amended as follows:
(1) |
Annex I is amended in accordance with Annex I to this Regulation; |
(2) |
Annex II is amended in accordance with Annex II to this Regulation; |
(3) |
Annex III is amended in accordance with Annex III to this Regulation; |
(4) |
Annex IV is amended in accordance with Annex IV to this Regulation; |
(5) |
Annex V is amended in accordance with Annex V to this Regulation; |
(6) |
Annex VI is amended in accordance with Annex VI to this Regulation |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 17 October 2020.
By way of derogation from the second paragraph, substances and mixtures may, before 17 October 2020, be classified, labelled and packaged in accordance with this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 353, 31.12.2008, p. 1.
(2) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
ANNEX I
Annex I to Regulation (EC) No 1272/2008 is amended as follows:
1. |
Part 1 is amended as follows:
|
2. |
Part 2 is amended as follows:
|
3. |
Part 3 is amended as follows:
|
4. |
Part 4 is amended as follows: Section 4.1.3.5.5.3.1 is replaced by the following:
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(5) Up to now, the calculation method is validated for mixtures containing up to six volatile components. These components may be flammable liquids like hydrocarbons, ethers, alcohols, esters (except acrylates), and water. It is however not yet validated for mixtures containing halogenated, sulphurous, and/or phosphoric compounds as well as reactive acrylates.
(6) If the calculated flash point is less than 5 °C greater than the relevant classification criterion, the calculation method may not be used and the flash point shall be determined experimentally. ’
(8) At present, recognised and validated animal models for the testing of respiratory hypersensitivity are not available. Under certain circumstances, data from animal studies may provide valuable information in a weight of evidence assessment.
(9) The mechanisms by which substances induce symptoms of asthma are not yet fully known. For preventative measures, these substances are considered respiratory sensitisers. However, if on the basis of the evidence, it can be demonstrated that these substances induce symptoms of asthma by irritation only in people with bronchial hyper-reactivity, they shall not be considered as respiratory sensitisers.’ ’
(1) Or < 1 % where relevant, see 3.2.3.3.1.
(2) Or < 1 % where relevant, see 3.3.3.3.1.
(3) Or < 1 % where relevant, see 3.8.3.4.6.
(4) Or < 0,1 % where relevant, see 4.1.3.1.
(7) Unstable explosives as defined in Section 2.1 can also be stabilised by desensitisation and consequently may be classified as desensitised explosives, provided all criteria of Section 2.17 are met. In this case the desensitised explosive shall be tested according to test series 3 (Part I of the UN RTDG, Manual of Tests and Criteria) because information about its sensitiveness to mechanical stimuli is likely to be important for determining conditions for safe handling and use. The results shall be communicated in the safety data sheet.
ANNEX II
Annex II to Regulation (EC) No 1272/2008 is amended as follows:
1. |
Part I is amended as follows:
|
2. |
Part II is amended as follows: In section 2.10 the third indent is replaced by the following:
|
ANNEX III
Annex III to Regulation (EC) No 1272/2008 is amended as follows:
1. |
Part 1 is amended as follows:
|
2. |
Part 2 is amended as follows:
|
ANNEX IV
Annex IV to Regulation (EC) No 1272/2008 is amended as follows:
(1) |
The first introductory paragraph of Annex IV is replaced by the following: ‘This Annex sets out a matrix listing the recommended precautionary statements for each hazard class and hazard category by type of precautionary statement. The matrix guides the selection of appropriate precautionary statements, and includes elements for all categories of precautionary action. All specific elements relating to particular hazard classes shall be used. In addition, general precautionary statements not linked to a certain hazard class or category shall also be used where relevant. To provide flexibility in the application of precautionary phrases, combinations or consolidations of precautionary statements are encouraged to save label space and improve readability. The matrix and the Tables in Part 1 of this Annex include a number of combined precautionary statements. However, these are only examples and suppliers may further combine and consolidate phrases where this contributes to clarity and comprehensibility of label information in accordance with Articles 22 and 28(3). Notwithstanding Article 22 the precautionary statements that appear on labels or in safety data sheets may incorporate minor textual variations from those set out in this Annex where these variations assist in communicating safety information and the safety advice is not diluted or compromised. These may include spelling variations, synonyms or other equivalent terms appropriate to the region where the product is supplied and used.’ |
(2) |
Table 6.1 is amended as follows: The entry concerning code P103 is replaced by the following:
|
(3) |
Table 6.2 is amended as follows:
|
(4) |
Table 6.3 is amended as follows:
|
(5) |
Table 6.4 is amended as follows:
|
(6) |
Table 6.5 is amended as follows:
|
(7) |
Table 1.2 is amended as follows:
|
ANNEX V
Part 1, section 1.2 of Annex V to Regulation (EC) No 1272/2008 is amended as follows:
(a) |
In column 2, the sentence Flammable gases, hazard category 1 is replaced by ‘Flammable gases, hazard categories 1A, 1B.’ |
(b) |
In column 2, the sentence ‘Section 2.17 Desensitised explosives, hazard categories 1, 2, 3, 4’ is added after the last entry. |
ANNEX VI
Part 1 of Annex VI to Regulation (EC) No 1272/2008 is amended as follows:
(a) |
In Table 1.1 the row concerning Flammable gases is replaced by the following:
|
(b) |
In Table 1.1 the following row is added after the row ‘Substance or mixture corrosive to metals’:
|