Explanatory Memorandum to COM(2003)644-2 - Amendment of Council Directive 67/548/EEC in order to adapt it to Regulation (EC) of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals - Main contents
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| dossier | COM(2003)644-2 - Amendment of Council Directive 67/548/EEC in order to adapt it to Regulation (EC) of the European Parliament and of the ... |
|---|---|
| source | COM(2003)644  |
| date | 29-10-2003 |
Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances, as amended and adapted to technical progress, sets out rules not only how to classify, package and label dangerous substances, but also how to notify new substances to the Competent Authorities in the relevant Member State before placing them on the market. An unofficial consolidated version of this Directive, its amendments and adaptations is available on the Europa website as of 1 March 2003, (internet address: www.europa.eu.int/comm/environment/ dansub/home_en.htm
ConsolidatedVersion).
The Commission presented in February 2001 a White Paper i on the strategy for a future chemicals policy. In this White Paper the Commission identified the objectives that must be met in order to achieve sustainable development in the chemicals industry within the framework of the single market. It also set out the key elements of the strategy, in particular the creation of a single regulatory system for all substances (entitled Reach for the Registration, Evaluation and Authorisation of Chemicals) and giving industry the responsibility for generating data on the inherent properties of substances and for assessing the risks related to their use.
In parallel to the present proposal the Commission now puts forward a proposal [2] for a Regulation which lays down the general principles of the chemicals policy and establishes the legal requirements and procedures comprising the Reach system. It creates a European Chemicals Agency and defines its tasks and responsibilities.
[2] [Insert reference following adoption by COM]
The new Reach Regulation will introduce the same registration requirements for new chemicals as for the existing substances which means that the rules for notification of new chemicals in Directive 67/548/EEC have to be repealed. However, for reasons explained below, the Reach proposal does not at present include rules for classification, labelling and packaging of dangerous substances, the relevant parts of Directive 67/548/EEC will continue to apply. Directive 1999/45/EC on the classification, packaging and labelling of dangerous preparations will also continue to apply for the classification, packaging and labelling of dangerous preparations. Other parts of Community legislation, i.e. certain Directives on worker protection and the so called Seveso II Directive on major accident hazards of certain industrial activities, which are based on the rules for the classification and labelling in Directive 67/548/EEC, will also continue to apply.
Directive 67/548/EEC contains several Annexes related to information requirements and testing methods to be used. The content of these annexes will be taken over by the Annexes to the Reach legislation and thus they have to be repealed from the Directive. Moreover, a substantial number of references to testing methods and information requirements has to be amended as a consequence of the introduction of the Reach legislation.
As a result of the Rio declaration on Environment and Sustainable Development 1991 a globally harmonised system on the classification and labelling of chemicals (GHS) has been developed and was adopted in July 2003 by the UN Economic and Social Council.
The European Commission, the majority of the Member States as well as many of the new Member States have actively taken part in the work to elaborate GHS. The Johannesburg World Summit on the Sustainable Development in 2002 agreed, in its plan of implementation, 'to encourage countries to implement the new globally harmonized system for the classification and labelling of chemicals as soon as possible with the view to have it fully operational by 2008.' In line with this agreement, it is the intention of the Commission to propose the inclusion of the internationally agreed GHS into Community law as soon as possible. However, as the GHS has very recently been formally adopted, and because the Commission wishes to examine in more detail the implications of its adoption in terms of its impact on stakeholders and downstream legislation, it has not been considered appropriate to put forward a proposal to implement GHS into Community law at the same time as the proposal for Reach. Accordingly, the Commission will come forward with the necessary proposals for having it adopted at the same time as the final adoption of the Reach legislation.
2. Content of the directive
Article 1
This Article amends the articles in Directive 67/548/EEC as needed due to the introduction of the Reach legislation. It includes the deletion of the paragraphs related to the notification of new chemicals, and superfluous definitions as well as the Annexes, which will be transferred to or taken over by the new legislation. The Article also amends the relevant references from the deleted annexes to the annexes of the Reach Regulation.
Article 2
This Article repeals Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for assessment of risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC i as such principles will be included in the Reach Regulation.
Article 13 of Directive 67/548/EEC exempts certain groups of substances from the notification requirements. This Article is repealed through article 1 of this directive and as Directive 2000/21/EC is an adaptation of Article 13 of Directive 67/548/EEC it has also to be repealed.
Article 3
This standard Article requires the Member States to bring into force the relevant legislation from the date of the application of the Reach Regulation. This points to the need for Member States to apply the two different pieces of legislation from same day in order to prevent any gaps and legal uncertainty.
Article 4
This Article refers to the entry into force of the Directive.