EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2018) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
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)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 2  EN COMMISSION REGULATION (EU) …/…  
of XXX  
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 re gard 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 
Regulati on (EC) No 1907/20061, and in particular Article 53(1) thereof,   
Whereas:  
(1) Regulation (EC) No 1272/2008 harmonises the provisions and criteria for the 
classification , labelling and packaging of substances and mixtures and certain specific 
articles with in the Union.  
(2) Regulation  (EC) No 1272/2008 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  
the UN level. The 6th and 7th revised edition of the GHS results from changes adopted 
in 2014 and 2016 respectively  by the United Nations Committee of Experts on the 
Transport of Dangerous Goods and on the Globally Harmonised System of 
Classification and Labelling of Chemicals.   
(4) The 6th and 7th revised  edition of the GHS trigger  the need to amend  some provisions 
on classification , labelling  and packaging  in Regulation (EC) No 1272/2008 , in 
particular  regarding  the generic cut -off values; the aer osol form o f mixtures and  the 
following hazard classes:  explosives; flammable gases; flammable liquids; flammable 
solids; acute toxicity;  skin corrosion/irritation; serious eye damage/eye irritation; 
respiratory and skin sensitisation;  germ cel l mutagenicity ; carcinogenicity; 
reproductive toxicity; specific target organ toxicity ; aspiration hazard  as well as  some 
hazard statements and precautionary statements. A new hazard class for desensitised 
explosives  and a new hazard category, pyrophoric gases , are introd uced in that 
Regulation . It is therefore necessary to adapt some provisions and criteria in Annexes  
I, II, III, IV, V and VI  to Regulation (EC) No 1272/2008 to the 6th and 7th  revised 
edition of the GHS.  
(5) Regulation (EC) No 1272/2008 should  therefore  be ame nded accordingly.  
                                                 
1 OJ L 353, 31.12.2008, p.1 .   
EN 3  EN (6) To ensure that suppliers of substances and mixtures have time to adapt to the new 
classification , labelling  and packaging  provisions , the application o f this Regulation  
should be deferred.  
(7) In line with the transitional provisions of Regulation (EC) No 1272/2008 which allow 
the application of the new provisions at an earlier stage on a voluntary basis, suppliers 
should have the possibility of applying the new  classification , labelling and pac kaging  
provisions on a voluntary basis before the date of application of this Regulation . 
(8) The measures provided for in this Regulation are in acc ordance with the opinion of the 
Committee  established by Article 133 of Regulation (EC) No 1907/2006 of the 
European Parliament and of the Council2, 
HAS ADOPTED THIS REGULATION:  
Article 1  
 
Regulation (EC) No 1272/2008  is amended as follows:  
(1) Annex I is amended in accordance with Annex I to this Regulation . 
(2) Annex II is amended in accordance with Annex I I to this Regulation . 
(3) Annex I II is amended in accordance with Annex III to this Regulation . 
(4) Annex I V is amended in accordance with Annex I V to this Regulation . 
(5) Annex V is amended in accordance with Annex V to this Regulation . 
(6) Annex VI is amended in accordance with Annex VI to this Regulation  
 
Article 2 
This Regulation shall enter into force on the twentie th day following that of its publication in 
the Official Journal of the European Union . 
It shall apply from [OPOCE pleas e insert  date to be determined as follows: Date of Entry 
into force plus 18 months – the applicability date of this article  should be the 1st day of the 
following month ]. 
By way of derogation from the second p aragraph , substances and mixtures may,  before [OP: 
please insert specific date of application ], be classified, labelled and packaged in accordance 
with this Regulation .  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
                                                 
2 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, 93/105/EC and 2000/21/EC (OJ L 396, 
30.12.2006, p.1).   
EN 4  EN Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER