EN    EN EN EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 02.3.2009 
. 
Draft 
COMMISSION REGULATION (EC) No …/.. 
of […] 
amending, for the purposes of its adaptation  to technical and scientific progress, 
Regulation (EC) No 1272/2008 of the Europe an Parliament and of the Council on 
classification, labelling and packagi ng of substances and mixtures EN 2   EN Draft 
COMMISSION REGULATION (EC) No …/.. 
of […] 
amending, for the purposes of its adaptation  to technical and scientific progress, 
Regulation (EC) No 1272/2008 of the Europe an Parliament and of the Council on 
classification, labelling and packagi ng of substances and mixtures 
(Text with EEA relevance) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing 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, labe lling and packaging of substances and 
mixtures, amending and repealing Directiv es 67/548/EEC and 1999/45/EC, and amending 
Regulation (EC) No 1907/20061, 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 subs tances based on the criteria set out in 
Parts 2 to 5 of Annex I to Regulati on (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 ad ministrative provisions relating to the 
classification, packaging and labe lling of dangerous substances
2. These two lists need 
to be amended to include updated classifica tions for substances already subject to 
harmonised classification and to  include new harmonised cla ssifications. 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 ad aptation to technical progress, for the 30th time, Council Directive 
67/548/EEC3 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/EEC4. Those measures constitute adaptations to technical and 
scientific progress within the meaning of Article 53 of Regulation (EC) No 1272/2008. 
                                                 
1 OJ L 353, 31.12.2008, p. 1.  
2 OJ 196, 16.8.1967, p. 1.  
3 OJ L 246, 15.9.2008, p. 1 
4 OJ L11, 16.1.2009, p. 6. EN 3   EN (3) Recital (53) of Regulation (EC) No 1272/ 2008 underlines the fact that full account 
should be taken of the work and experi ence accumulated under  Directive 67/548/EEC, 
including the classification a nd labelling of specific substa nces 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, shoul d not apply immediately, as a certain 
period of time will be necessary to allo w operators to adapt the labelling and 
packaging of substances and mixtures to th e new classifications. In addition a certain 
period of time will be necessary to allow operators to comply with registration 
obligations that are a c onsequence of the new harm onised classifications for 
substances classified as carcinogenic, mutagenic or t oxic 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 Regul ation (EC) No 1907/2006 of the European 
Parliament and of the Council of 18 D ecember 2006 concerning the Registration, 
Evaluation, Authorisation and Restricti on of Chemicals (REACH), establishing a 
European Chemicals Agency, amending Di rective 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 Comm ission Directives 91/155/EEC, 93/67/EEC, 
93/105/EC and 2000/21/EC5.  
(5) In the case of the substances in this Regulat ion which are updated or added to Part 3 of 
Annex VI to Regulation (EC) No 1272/2008 it is also appropriate that the obligation to 
classify substances in accordance with the harmonised classifications set out in Part 3 
of Annex VI to Regulation EC (No) 1272/2008, as amended by this Regulation, 
should coincide with the date set out in Article 23 of Regulation (EC) No 1907/2006 
and therefore this regulation should apply from 1 December 2010. 
(6) Suppliers should have the possibility of a pplying the harmonised classifications set out 
in Part 3 of Annex VI to Regulation EC (No) 1272/2008, as amended by this Regulation, and of adapting the label ling and packaging accordingly before 1 
December 2010, as provided for in Regulation (EC) No 1272/2008.  
(7) The published version of Directive 2009/2/ EC mistakenly contained entry no. 607-
674-00-0 (branched C10-alkyl benz oates), therefore, it is a ppropriate to correct this 
clerical error and not include this entr y in Annex VI to Regulation (EC) No 
1272/2008. 
(8) The measures provided for in this Regulati on are in accordance with the opinion of the 
Committee established under Article 133 of Regulation (EC) No 1907/2006, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Part 3 of Annex VI to Regulation (EC) No 1272/2008 is amended as follows: 
(1) Table 3.1 is amended as follows: (a) The entries corresponding to the entries set out in Annex I are repl aced by the entries set 
out in that Annex; 
                                                
 
5 OJ L 136, 29.5.2007, p. 3.  EN 4   EN (b) The entries set out in Annex II are inserted in accordance with the or der of the entries set 
out in Table 3.1; 
(c) The entries set out in Anne x III are deleted from Table 3.1; 
(2) Table 3.2 is amended as follows: (a) The entries corresponding to the entries set ou t in Annex IV are replaced by the entries set 
out in that Annex; 
(b) The entries set out in Annex V are inserted in accordance with  the order of the entries set 
out in Table 3.2; 
(c) The entries set out in Annex III are deleted from Table 3.2. 
Article 2 
1. This Regulation shall enter into force on the twentieth day following that of its 
publication in the Official Journal of the European Union . 
2. Article 1 shall apply from 1 December 2010. 
3. The harmonised classifications set out in Pa rt 3 of Annex VI to Regulation EC (No) 
1272/2008, as amended by this Regulation, ma y be applied before 1 December 2010. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, […] 
 For the Commission 
 Member of the Commission