Regulation 2009/790 - Commission Regulation 790/2009 amending, for the purposes of its adaptation to technical and scientific progress, Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures - Main contents
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official title
Commission Regulation (EC) No 790/2009 of 10 August 2009 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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2009/790 |
| CELEX number i | 32009R0790 |
| Document | 10-08-2009 |
|---|---|
| Publication in Official Journal | 05-09-2009; Special edition in Croatian: Chapter 13 Volume 005,OJ L 235, 5.9.2009 |
| Effect | 25-09-2009; Entry into force Date pub. + 20 See Art 2 01-12-2010; Partial application See Art 2 |
| End of validity | 31-12-9999 |
5.9.2009 |
EN |
Official Journal of the European Union |
L 235/1 |
COMMISSION REGULATION (EC) No 790/2009
of 10 August 2009
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 COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 thereof,
Whereas:
(1) |
Part 3 of Annex VI to Regulation (EC) No 1272/2008 contains two lists of harmonised classification and labelling of hazardous substances. Table 3.1 lists the harmonised classification and labelling of hazardous substances based on the criteria set out in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008. Table 3.2 lists the harmonised classification and labelling of hazardous substances based on the criteria set out in Annex VI to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2). These two lists need to be amended to include updated classifications for substances already subject to harmonised classification and to include new harmonised classifications. In addition, it is necessary to delete entries for certain substances. |
(2) |
It is necessary to amend Annex VI to Regulation (EC) No 1272/2008 in order to reflect the recently adopted amendments to Annex I to Directive 67/548/EEC introduced by Commission Directive 2008/58/EC of 21 August 2008 amending, for the purpose of its adaptation to technical progress, for the 30th time, Council Directive 67/548/EEC (3) and by Commission Directive 2009/2/EC of 15 January 2009 amending for the purpose of its adaptation to technical progress, for the 31st time, Council Directive 67/548/EEC (4). Those measures constitute adaptations to technical and scientific progress within the meaning of Article 53 of Regulation (EC) No 1272/2008. |
(3) |
Recital (53) of Regulation (EC) No 1272/2008 underlines the fact that full account should be taken of the work and experience accumulated under Directive 67/548/EEC, including the classification and labelling of specific substances listed in Annex I to that Directive. |
(4) |
The harmonised classifications set out in Part 3 of Annex VI to Regulation EC (No) 1272/2008, as amended by this Regulation, should not apply immediately, as a certain period of time will be necessary to allow operators to adapt the labelling and packaging of substances and mixtures to the new classifications. In addition a certain period of time will be necessary to allow operators to comply with registration obligations that are a consequence of the new harmonised classifications for substances classified as carcinogenic, mutagenic or toxic to reproduction, categories 1A and 1B (Table 3.1) and categories 1 and 2 (Table 3.2), or as very toxic to aquatic organisms which may cause long term effects in the aquatic environment, in particular with those set out in Article 23 of 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,... |
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