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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)
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)
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
IO 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)
In force
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:
|
(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:
|
B. |
Part 2 is amended as follows:
|
C. |
Part 3 is amended as follows:
|
D. |
Part 4 is amended as follows:
|
(1) Type G has no hazard communication elements assigned but should be considered for properties belonging to other hazard classes.
(2) See the introduction to Annex IV for details on the use of square brackets.’
(3) See the introduction to Annex IV for details on the use of square brackets.’
(4) See the conditions for the use of Category 1 in paragraph (a) of Section 3.2.2.
(1) Grading criteria are understood as described in Regulation (EC) No 440/2008.
(2) Grading criteria are understood as described in Regulation (EC) No 440/2008.
(3) Grading criteria are understood as described in Regulation (EC) No 440/2008.
(4) If an ingredient is classified as both Skin Corrosion Sub-Category 1A, 1B, 1C or Category 1 and Serious Eye Damage (Category 1), its concentration is considered only once in the calculation.
(5) Where a chemical is classified as skin corrosion Sub-Category 1A, 1B, 1C or Category 1, labelling for serious eye damage/eye irritation can be omitted as this information is already included in the hazard statement for skin corrosion Category 1 (H314).’
ANNEX II
In Annex II to Regulation (EC) No 1272/2008, in Part 2, Section 2.8 a new last paragraph is added:
‘Where a mixture is labelled in accordance with Section 2.4 or 2.5, the statement EUH208 may be omitted from the label for the substance concerned.’
ANNEX III
Annex III to Regulation (EC) No 1272/2008, Part 1 is amended as follows:
(1) |
Point (b) is replaced by the following:
|
(2) |
The entry concerning code H314 in Table 1.2 is replaced by the following:
|
(3) |
The entry concerning H318 in Table 1.2 is replaced by the following:
|
(4) |
The entry concerning H311 + H331 in Table 1.2 is replaced by the following:
|
(5) |
The entry concerning H302 + H312 in Table 1.2 is replaced by the following:
|
ANNEX IV
Annex IV to Regulation (EC) No 1272/2008 is amended as follows:
(1) |
The introductory statement is amended as follows:
|
(3) |
Part 1 is amended as follows:
|
(4) |
Part 2 is amended as follows:
|
ANNEX V
In Annex V to Regulation (EC) No 1272/2008, in Part 2, Section 2.2 is replaced by the following:
‘2.2. Symbol: Corrosion
Pictogram (1) |
Hazard class and hazard category (2) |
GHS05
|
Section 3.2 Skin corrosion, hazard category 1 and sub-categories 1A, 1B, 1C Section 3.3 Serious eye damage, hazard category 1’ |
ANNEX VI
Part 1 of Annex VI to Regulation (EC) No 1272/2008 is amended as follows:
(1) |
In Table 1.1 the row concerning Skin corrosion/irritation is replaced by the following:
|
(2) |
In Section 1.1.3, Note U is replaced by the following: ‘ Note U (Table 3.1): When put on the market gases have to be classified as “Gases under pressure”, in one of the groups compressed gas, liquefied gas, refrigerated liquefied gas or dissolved gas. The group depends on the physical state in which the gas is packaged and therefore has to be assigned case by case. The following codes are assigned:
Aerosols shall not be classified as gases under pressure (See Annex I, Part 2, Section 2.3.2.1, Note 2).’ |
ANNEX VII
Annex VII to Regulation (EC) No 1272/2008 is amended as follows:
(1) |
In Table 1.1 the rows concerning C; R34 and C; R35 are replaced by the following:
|
(2) |
Note 2 to Table 1.1 is replaced by the following: ‘Note 2 Going back to original data may not result in a possibility to distinguish between Category 1B or 1C, since the exposure period has normally been up to 4 hours according to Regulation (EC) No 440/2008. In these cases, Category 1 shall be assigned. However, when data are derived from tests following a sequential approach as foreseen in the Regulation (EC) No 440/2008, further sub-categorisation into Category 1B or Category 1C shall be considered.’ |