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Document 32016R0918

Commission Regulation (EU) 2016/918 of 19 May 2016 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/2016/2882

OJ L 156, 14.6.2016, p. 1–103 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg/2016/918/oj

14.6.2016   

EN

Official Journal of the European Union

L 156/1


COMMISSION REGULATION (EU) 2016/918

of 19 May 2016

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 (1), and in particular Article 53(1) thereof,

Whereas:

(1)

Regulation (EC) No 1272/2008 harmonises the provisions and criteria for the classification and labelling of substances, mixtures and certain specific articles within the Union.

(2)

That Regulation 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 UN level. The fifth revised edition of the GHS results from changes adopted in December 2012 by the UN Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals. It contains amendments concerning, inter alia, a new, alternative method for the classification of oxidising solids, changes to the provisions on classification for the hazard classes for skin corrosion/irritation and serious eye damage/eye irritation, and aerosols. Furthermore, it includes changes to several precautionary statements, as well as changes in the order of some precautionary statements, as reflected by a deletion of the entry and a separate insertion at the new location of the entry. It is therefore necessary to adapt the technical provisions and criteria in the Annexes to Regulation (EC) No 1272/2008 to the fifth revised edition of the GHS.

(4)

Following the fourth revision of the GHS, Commission Regulation (EU) No 487/2013 (2) introduced a labelling derogation for substances or mixtures classified as corrosive to metals but not classified for skin corrosion or serious eye damage. Whereas the content of the derogation should remain unchanged, a more precise formulation should be provided for the hazards addressed by the derogation.

(5)

Redundancy in the labelling of mixtures containing isocyanates and certain epoxy constituents should be avoided while maintaining the longstanding and well known specific information about the presence of these particular sensitizing substances. Therefore, the use of the hazard statement EUH208 should not be obligatory where a mixture is already labelled in accordance with the hazard statements EUH204 or EUH205.

(6)

To ensure that suppliers of substances and mixtures have some time to adapt to the new classification and labelling provisions introduced by this Regulation, a transitional period should be provided and the application of this Regulation should be deferred. That should allow for the possibility to apply the provisions laid down in this Regulation on a voluntary basis before the transitional period is over.

(7)

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 (3),

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1272/2008 is amended as follows:

(1)

In Article 23, point (f) is replaced by the following:

‘(f)

substances or mixtures classified as corrosive to metals but not classified as skin corrosion or as serious eye damage (Category 1).’

(2)

Annex I is amended in accordance with Annex I to this Regulation.

(3)

Annex II is amended in accordance with Annex II to this Regulation.

(4)

Annex III is amended in accordance with Annex III to this Regulation.

(5)

Annex IV is amended in accordance with Annex IV to this Regulation.

(6)

Annex V is amended in accordance with Annex V to this Regulation.

(7)

Annex VI is amended in accordance with Annex VI to this Regulation.

(8)

Annex VII is amended in accordance with Annex VII to this Regulation.

Article 2

By way of derogation from Article 3, substances and mixtures may, before 1 February 2018, be classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 as amended by this Regulation.

By way of derogation from Article 3, substances and mixtures classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 and placed on the market before 1 February 2018 shall not be required to be relabelled and repackaged in accordance with this Regulation before 1 February 2020.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from 1 February 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 May 2016.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 353, 31.12.2008, p. 1.

(2)  Commission Regulation (EU) No 487/2013 of 8 May 2013 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 (OJ L 149, 1.6.2013, p. 1).

(3)  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:

A.

Part 1 is amended as follows:

(1)

The title of Section 1.1.3.4 is replaced by the following:

‘1.1.3.4    Interpolation within one hazard category

(2)

Section 1.3.6 is replaced by the following:

‘1.3.6    Substances or mixtures classified as corrosive to metals but not classified as skin corrosion or as serious eye damage (Category 1)

Substances or mixtures classified as corrosive to metals but not classified as skin corrosion or as serious eye damage (Category 1) which are in the finished state and packaged for consumer use do not require on the label the hazard pictogram GHS05.’

B.

Part 2 is amended as follows:

(1)

Section 2.1.3 is replaced by the following:

‘2.1.3    Hazard Communication

Label elements shall be used for substances, mixtures or articles meeting the criteria for classification in this hazard class in accordance with Table 2.1.2.

Table 2.1.2

Label elements for explosives

Classification

Unstable Explosive

Division 1.1

Division 1.2

Division 1.3

Division 1.4

Division 1.5

Division 1.6

GHS Pictograms

Image 1

Image 2

Image 3

Image 4

Image 5

 

 

Signal Word

Danger

Danger

Danger

Danger

Warning

Danger

No signal word

Hazard Statement

H200: Unstable Explosive

H201: Explosive; mass explosion hazard

H202: Explosive; severe projection hazard

H203: Explosive; fire, blast or projection hazard

H204: Fire or projection hazard

H205: May mass explode in fire

No hazard statement

Precautionary Statement Prevention

P201

P250

P280

P210

P230

P234

P240

P250

P280

P210

P230

P234

P240

P250

P280

P210

P230

P234

P240

P250

P280

P210

P234

P240

P250

P280

P210

P230

P234

P240

P250

P280

No precautionary statement

Precautionary Statement Response

P370 + P372 + P380 + P373

P370 + P372 + P380 + P373

P370 + P372 + P380 + P373

P370 + P372 + P380 + P373

P370 + P372 + P380 + P373

P370 + P380 + P375

P370 + P372 + P380 + P373

No precautionary statement

Precautionary Statement Storage

P401

P401

P401

P401

P401

P401

No precautionary statement

Precautionary Statement Disposal

P501

P501

P501

P501

P501

P501

No precautionary statement

NOTE 1: Unpackaged explosives or explosives repackaged in packaging other than the original or similar packaging shall include all of the following label elements:

(a)

the pictogram: exploding bomb;

(b)

the signal word “Danger”; and

(c)

the hazard statement: “Explosive; mass explosion hazard”

unless the hazard is shown to correspond to one of the hazard categories in Table 2.1.2, in which case the corresponding symbol, the signal word and/or the hazard statement shall be assigned.

NOTE 2: Substances and mixtures, as supplied, with a positive result in Test Series 2 in Part I, Section 12, of the UN RTDG, Manual of Tests and Criteria, which are exempted from classification as explosives (based on a negative result in Test Series 6 in Part I, Section 16 of the UN RTDG, Manual of Tests and Criteria) still have explosive properties. The user shall be informed of these intrinsic explosive properties because they have to be considered for handling — especially if the substance or mixture is removed from its packaging or is repackaged — and for storage. For this reason, the explosive properties of the substance or mixture shall be communicated in Section 2 (Hazards identification) and Section 9 (Physical and chemical properties) of the Safety Data Sheet and other sections of the Safety Data Sheet, as appropriate.’

(2)

In Section 2.1.4, Figure 2.1.3 is replaced by the following:

‘Figure 2.1.3

Procedure for assignment to a division in the class of explosives (Class 1 for transport)

Image 6

Is the product an article excluded by definition? (see 2.1.1.1 (b))

Is the substance/mixture or article manufactured with the view of producing a practical explosive or pyrotechnic effect?

DIVISION 1.1

DIVISION 1.2

DIVISION 1.3

DIVISION 1.4 Compatibility groups other than S

DIVISION 1.4 Compatibility group S

DIVISION 1.5

DIVISION 1.6

NOT AN EXPLOSIVE

Are there hazardous effects outside the package?

Would the hazard hinder fire-fighting in the immediate vicinity?

Is the major hazard radiant heat and/or violent burning but with no dangerous blast or projection hazard?

Is the major hazard that from dangerous projections?

Is it a very insensitive explosive substance /mixture with a mass explosion hazard?

Is it an extremely insensitive article?

Is the result a mass explosion?

TEST SERIES 5

TEST SERIES 7

TEST SERIES 6

Package the substance/ mixture

Is the substance/mixture a candidate for Division 1.5?

Is the article a candidate for Division 1.6?

No

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

No

ARTICLE OR SUBSTANCE/MIXTURES PROVISIONALLY ACCEPTED IN THIS CLASS (from figure 2.1.2)

(3)

In Section 2.2.3, Table 2.2.3 is replaced by the following:

‘Table 2.2.3

Label elements for flammable gases (including chemically unstable gases)

Classification

Flammable gas

Chemically unstable gas

Category 1

Category 2

Category A

Category B

GHS Pictogram

Image 7

No pictogram

No additional pictogram

No additional pictogram

Signal Word

Danger

Warning

No additional signal word

No additional signal word

Hazard Statement

H220: Extremely flammable gas

H221: Flammable gas

Additional hazard statement H230: May react explosively even in the absence of air

Additional hazard statement H231: May react explosively even in the absence of air at elevated pressure and/or temperature

Precautionary Statement Prevention

P210

P210

P202

P202’

Precautionary Statement Response

P377

P381

P377

P381

 

 

Precautionary Statement Storage

P403

P403

 

 

Precautionary Statement Disposal

 

 

 

 

(4)

Section 2.3.2.1 is replaced by the following:

2.3.2.1.   Aerosols shall be classified in one of the three categories of this hazard class, depending on their flammable properties and their heat of combustion. They shall be considered for classification in Category 1 or 2 if they contain more than 1 % components (by mass) which are classified as flammable according to the following criteria set out in this Part:

Flammable gases (see Section 2.2);

Liquids with a flash point ≤ 93 °C, which includes Flammable Liquids according to Section 2.6;

Flammable solids (see Section 2.7);

or if their heat of combustion is at least 20 kJ/g.

NOTE 1: Flammable components do not cover pyrophoric, self-heating or water-reactive substances and mixtures because such components are never used as aerosol contents.

NOTE 2: Aerosols do not fall additionally within the scope of Sections 2.2 (flammable gases), 2.5 (gases under pressure), 2.6 (flammable liquids) and 2.7 (flammable solids). Depending on their contents, aerosols may however fall within the scope of other hazard classes, including their labelling elements.’

(5)

In Section 2.3.2, Figure 2.3.1(a) is replaced by the following:

‘Figure 2.3.1(a) for aerosols

Image 8

AEROSOL

Does it contain ≤ 1% flammable components (by mass) and does it have a heat of combustion < 20 kJ/g?

YES

Category 3

No pictogram

Warning

NO

Does it contain ≥ 85% flammable components (by mass) and does it have a heat of combustion ≥ 30 kJ/g?

YES

Category 1

Danger

NO

For spray aerosols, go to decision logic 2.3.1(b)

For foam aerosols, go to decision logic 2.3.1(c)

(6)

In Section 2.3.3, the heading of Table 2.3.1 is replaced by the following:

Label elements for aerosols

(7)

In Section 2.5.3, Table 2.5.2 is replaced by the following:

‘Table 2.5.2

Label elements for gases under pressure

Classification

Compressed gas

Liquefied gas

Refrigerated liquefied gas

Dissolved gas

GHS Pictograms

Image 9

Image 10

Image 11

Image 12

Signal Word

Warning

Warning

Warning

Warning

Hazard Statement

H280: Contains gas under pressure; may explode if heated

H280: Contains gas under pressure; may explode if heated

H281: Contains refrigerated gas; may cause cryogenic burns or injury

H280: Contains gas under pressure; may explode if heated

Precautionary Statement Prevention

 

 

P282

 

Precautionary Statement Response

 

 

P336 + P315

 

Precautionary Statement Storage

P410 + P403

P410 + P403

P403

P410 + P403’

Precautionary Statement Disposal

 

 

 

 

(8)

In Section 2.8.3, Table 2.8.1 is replaced by the following:

‘Table 2.8.1

Label elements for self-reactive substances and mixtures

Classification

Type A

Type B

Type C & D

Type E & F

Type G (1)

GHS Pictograms

Image 13

Image 14

Image 15

Image 16

There are no label elements allocated to this hazard category

Signal Word

Danger

Danger

Danger

Warning

Hazard Statement

H240: Heating may cause an explosion

H241: Heating may cause a fire or explosion

H242: Heating may cause a fire

H242: Heating may cause a fire

Precautionary Statement Prevention

P210

P234

P235

P240

P280

P210

P234

P235

P240

P280

P210

P234

P235

P240

P280

P210

P234

P235

P240

P280

Precautionary Statement Response

P370 + P372 + P380 + P373

P370 + P380 + P375 [+ P378] (2)

P370 + P378

P370 + P378

 

Precautionary Statement Storage

P403

P411

P420

P403

P411

P420

P403

P411

P420

P403

P411

P420

 

Precautionary Statement Disposal

P501

P501

P501

P501

 

(9)

In Section 2.8.4, Figure 2.8.1 is replaced by the following:

‘Figure 2.8.1

Self-reactive substances and mixtures