Legal provisions of COM(2013)102 - Adaptation of five directives to Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures

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dossier COM(2013)102 - Adaptation of five directives to Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures.
document COM(2013)102 EN
date February 26, 2014

Contents

Article 1 - Amendments to Directive 92/58/EEC

Directive 92/58/EEC is amended as follows:

(1)In Article 1, paragraph 2 is replaced by the following:

‘2.   This Directive shall not apply to signs for the placing on the market of hazardous substances and mixtures, products and/or equipment, unless other Union provisions make specific reference thereto.’

(2)In Annex I, Section 12 is replaced by the following:

12. Areas, rooms or enclosures used for the storage of significant quantities of hazardous substances or mixtures must be indicated by a suitable warning sign taken from Section 3.2 of Annex II, or marked as provided in Section 1 of Annex III, unless the labelling of the individual packages or containers is adequate for this purpose.

If there is no equivalent warning sign in Section 3.2 of Annex II to warn about hazardous chemical substances or mixtures, the relevant hazard pictogram, as laid down in Annex V to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (13), must be used.

(3)In Annex II, Section 3.2 is amended as follows:

(a)warning sign ‘Harmful or irritant material’ is deleted.

(b)the following footnote linked to warning sign ‘General danger’ is added:

‘***This warning sign shall not be used to warn about hazardous chemical substances or mixtures, except for cases when the warning sign is used in accordance with the second paragraph of Section 5 of Annex III to indicate the stores of hazardous substances or mixtures.’

(4)Annex III is amended as follows:

(a)Section 1 is replaced by the following:

‘1.Containers used at work for chemical substances or mixtures classified as hazardous according to the criteria for any physical or health hazard class in accordance with Regulation (EC) No 1272/2008, and containers used for the storage of such hazardous substances or mixtures, together with the visible pipes containing or transporting such hazardous substances and mixtures, must be labelled with the relevant hazard pictograms in accordance with that Regulation.

The first paragraph does not apply to containers used at work for brief periods nor to containers whose contents change frequently, provided that alternative adequate measures are taken, in particular for information and/or training, which guarantee the same level of protection.

The labels referred to in the first paragraph may be:

—replaced by warning signs set out in Annex II, using the same pictograms or symbols. If there is no equivalent warning sign in Section 3.2 of Annex II, the relevant hazard pictogram set out in Annex V of Regulation (EC) No 1272/2008 must be used,

—supplemented by additional information, such as the name and/or formula of the hazardous substance or mixture and the details of the hazard,

—for the transporting of containers at the place of work, supplemented or replaced by signs that are applicable throughout the Union for the transport of hazardous substances or mixtures.’

(b)in first and second paragraph of Section 5 the word ‘dangerous’ is replaced by ‘hazardous’ and the word ‘preparations’ by ‘mixtures’.

Article 2 - Amendments to Directive 92/85/EEC

Annex I to Directive 92/85/EEC is amended as follows:

(1)Section A is amended as follows:

(a)point 2 is replaced by the following:

‘2.   Biological agents

Biological agents of risk groups 2, 3 and 4 within the meaning of points 2, 3 and 4 of second paragraph of Article 2 of Directive 2000/54/EC of the European Parliament and of the Council (14), in so far as it is known that such agents or the therapeutic measures necessitated by them endanger the health of pregnant women and the unborn child, and in so far as they do not yet appear in Annex II.

(b)point 3 is amended as follows:

(i)point (a) is replaced by the following:

‘(a)substances and mixtures which meet the criteria for classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (15) in one or more of the following hazard classes and hazard categories with one or more of the following hazard statements, in so far as they do not yet appear in Annex II;

—germ cell mutagenicity, category 1A, 1B or 2 (H340, H341);

—carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351);

—reproductive toxicity, category 1A, 1B or 2 or the additional category for effects on or via lactation (H360, H360D, H360FD, H360Fd, H360Df, H361, H361d, H361fd, H362);

—specific target organ toxicity after single exposure, category 1 or 2 (H370, H371).

(ii)point (b) is replaced by the following:

‘(b)chemical agents in Annex I to Directive 2004/37/EC of the European Parliament and of the Council (16);

(2)Section B is replaced by the following:

‘B.   Processes

Industrial processes listed in Annex I to Directive 2004/37/EC.’

Article 3 - Amendments to Directive 94/33/EC

The annex to Directive 94/33/EC is amended as follows:

(1)Section I is amended as follows:

(a)in point 2 point (a) is replaced by the following:

‘(a)Biological agents of risk groups 3 and 4 within the meaning of points 3 and 4 of second paragraph of Article 2 of Directive 2000/54/EC of the European Parliament and of the Council (17).

(b)point 3 is amended as follows:

(i)point (a) is replaced by the following:

‘(a)Substances and mixtures which meet the criteria for classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (18) in one or more of the following hazard classes and hazard categories with one or more of the following hazard statements:

—acute toxicity, category 1, 2 or 3 (H300, H310, H330, H301, H311, H331);

—skin corrosion, category 1A, 1B or 1C (H314);

—flammable gas, category 1 or 2 (H220, H221);

—flammable aerosols, category 1 (H222);

—flammable liquid, category 1 or 2 (H224, H225);

—explosives, categories ‘Unstable explosive’, or explosives of Divisions 1.1, 1.2, 1.3, 1.4, 1.5 (H200, H201, H202, H203, H204, H205);

—self-reactive substances and mixtures, type A, B, C or D (H240, H241, H242);

—organic peroxides, type A or B (H240, H241);

—specific target organ toxicity after single exposure, category 1 or 2 (H370, H371);

—specific target organ toxicity after repeated exposure, category 1 or 2 (H372, H373);

—respiratory sensitisation, category 1, subcategory 1A or 1B (H334);

—skin sensitisation, category 1, subcategory 1A or 1B (H317);

—carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351);

—germ cell mutagenicity, category 1A, 1B or 2 (H340, H341);

—reproductive toxicity, category 1A or 1B (H360, H360F, H360FD, H360Fd, H360D, H360Df).

(ii)point (b) is deleted;

(iii)point (c) is deleted;

(iv)point (d) is replaced by the following:

‘(d)Substances and mixtures referred to in point (ii) of point (a) of Article 2 of Directive 2004/37/EC of the European Parliament and of the Council (19);

(2)In Section II, point 1 is replaced by the following:

‘1.Processes at work referred to in Annex I to Directive 2004/37/EC.’

Article 4 - Amendments to Directive 98/24/EC

Directive 98/24/EC is amended as follows:

(1)In Article 2, point (b) is amended as follows:

(a)point (i) is replaced by the following:

‘(i)any chemical agent which meets the criteria for classification as hazardous within any physical and/or health hazard classes laid down in Regulation (EC) No 1272/2008 of the European Parliament and of the Council (20), whether or not that chemical agent is classified under that Regulation;

(b)point (ii) is deleted;

(c)point (iii) is replaced by the following:

‘(iii)any chemical agent which, whilst not meeting the criteria for classification as hazardous in accordance with point (i) of point (b) of this Article may, because of its physico-chemical, chemical or toxicological properties and the way it is used or is present in the workplace, present a risk to the safety and health of workers, including any chemical agent that is assigned an occupational exposure limit value under Article 3.’

(2)In Article 4(1), the second indent is replaced by the following:

‘—information on safety and health that shall be provided by the supplier (e.g. the relevant safety data sheet in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (21)),

(3)Article 8 is amended as follows:

(a)in paragraph 1, the fourth indent is replaced by the following:

‘—access to any safety data sheet provided by the supplier in accordance with Article 31 of Regulation (EC) No 1907/2006;’

(b)paragraph 3 is replaced by the following:

‘3.   Member States may take measures necessary to ensure that employers are able to obtain on request, preferably from the producer or supplier, all information on hazardous chemical agents that is necessary to apply Article 4(1) of this Directive, insofar as neither Regulation (EC) No 1907/2006, nor Regulation (EC) No 1272/2008 include any obligation to provide information.’

Article 5 - Amendments to Directive 2004/37/EC

Directive 2004/37/EC is amended as follows:

(1)In Article 1, paragraph 4 is replaced by the following:

‘4.   As regards asbestos, which is dealt with by Directive 2009/148/EC of the European Parliament and of the Council (22), the provisions of this Directive shall apply whenever they are more favourable to health and safety at work.

(2)Article 2 is amended as follows:

(a)point (a) is replaced by the following:

‘(a)“carcinogen” means:

(i)a substance or mixture which meets the criteria for classification as a category 1A or 1B carcinogen set out in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (23);

(ii)a substance, mixture or process referred to in Annex I to this Directive as well as a substance or mixture released by a process referred to in that Annex;

(b)point (b) is replaced by the following:

‘(b)“mutagen” means:

a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to Regulation (EC) No 1272/2008;’

(3)In Article 4(1) the word ‘preparation’ is replaced by the word ‘mixture’.

(4)In Article 5(2) the word ‘preparation’ is replaced by the word ‘mixture’.

(5)In point (b) of Article 6, the word ‘preparations’ is replaced by the word ‘mixtures’.

(6)In Annex I, in the heading, the word ‘preparations’ is replaced by the word ‘mixtures’.

Article 6 - Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 June 2015. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

Article 7 - Entry into force and application

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

Article 8 - Addressees

This Directive is addressed to the Member States.