WORLD TRADE  
ORGANIZATION  G/TBT/N/EEC/295 
19 August 2009 
 (09-3963) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   EUROPEAN COMMUNITIES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   European Commission 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:    
European Commission 
EC-TBT Enquiry Point Fax:  +(32) 2 299 80 43 E-mail:  ec-tbt@ec.europa.eu
 
Website: http://ec.europa.eu/enterprise/tbt/  
 
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [ X ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Chemicals 
5. Title, number of pages and language(s) of the notified document:   Draft Commission 
Regulation amending Regulation (E C) No 1907/2006 of the European Parliament and of the 
Council on the Registration, Evaluation, Au thorisation and Restriction of Chemicals 
(REACH) (63 pages, in English). 
6. Description of content:   Annex II of REACH contains the requirements for safety data 
sheets (SDS). SDSs have been a well-acc epted and effective method of providing 
information on substances and mixtures in the Community and have been made an integral 
part of the REACH system. 
The attached draft proposal aims to amend Anne x II of REACH in order to align it with the 
provisions of Regulation (EC) No 1272/2008 on classification, labelling and packaging of 
substances and mixtures (“the CLP Regulation”) as well as those of the United Nations Globally Harmonised System of Classifica tion and Labelling of Chemicals (UN GHS). 
The CLP Regulation harmonises the provisions and criteria for the classification and 
labelling of substances and mixtures with in the Community, taking into account the 
classification criteria and labelling rules of the UN GHS. The CLP Regulation thus 
contributes to the UN GHS aim that the same  hazards will be described and communicated 
in the same way around the world. G/TBT/N/EEC/295 
Page 2  
 
  The CLP Regulation replaces the current directives on classification and labelling 
(Directives 67/548/EEC and 1999/45/E) in a staggered way: the CLP criteria for classification and labelling will start applying to substances as of 1 December 2010 and to 
mixtures as of 1 June 2015.  Both the current directives will be repealed and replaced by the CLP Regulation on 1 June 2015.  
In addition to harmonising the criteria for classification and labelling, the UN GHS also 
provides rules for SDSs as hazard communication tools. 
Therefore Annex II of the REACH Regulation n eeds to be amended to adapt it, on the one 
hand, to the criteria for classification and other relevant provisions laid down in the CLP Regulation and, on the other hand, to the requirements of the UN GHS for SDSs. 
The enacting terms of the draft proposal provide for a transitional period, in order to ensure 
that the application of the SDS requirements for substances and mixtures respectively follow the same staggered application of the classification and labelling provision for 
substances and mixtures foreseen by the CLP Regul ation.  Accordingly, for substances the 
SDS requirements should apply as of 1 Decemb er 2010 and for mixtures as of 1 June 2015. 
The draft proposal contains the enacting term s and two Annexes to reflect the slightly 
varying provisions for the transitional period.  The Annex I contains the provisions from 1 
December 2010 and the Annex II the provisions from 1 June 2015. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
High level of protection of human health and the environment and the free circulation of 
goods on the internal market. 
8. Relevant documents:   1. Regulation (EC) No 1907/2006 of the European Parliament and 
of the Council of 18 December 2006 concerning th e 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, 93/67/EEC, 93/105/EC and 2000/21/EC [OJ L 396, 30.12.2006 p.1.]  
http://eur-lex.europa.eu/JOHtml.do ?uri=OJ:L:2006:396:SOM:EN:HTML  
[Corrigendum: OJ L 136, 29.5.2007 p.3] 
http://eur-lex.europa.eu/JOHtml.do ?uri=OJ:L:2007:136:SOM:EN:HTML  
 
2. Regulation (EC) No 1272/2008 of the Eur opean 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 [OJ L 353, 31.12.2008, p.1] 
http://eur-lex.europa.eu/JOHtml.do ?uri=OJ:L:2008:353:SOM:EN:HTML  
 
3. Globally Harmonised System of Classification and Labelling of Chemicals (GHS), Annex 4 
http://www.un ece.org/trans/danger/publi/ghs /ghs_rev02/02files_e.html   G/TBT/N/EEC/295 
 Page 3 
 
 
  9. Proposed date of adoption:   
Proposed date of entry into force:    February  2010 
After entry into force th e deadline to apply the 
provisions contained in the Annex I is proposed to be 1 December 2010 and these ones of Annex II from 1 June 2015. 
10. Final date for comments:   60 days from date of notification 
11. Texts available from:  National enquiry point [    ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
European Commission 
EC-TBT Enquiry Point Fax:  + (32) 2 299 80 43 E-mail:  ec-tbt@ec.europa.eu
 
 
The text is available on the EC-TBT Website :  http://ec.europa.eu/enterprise/tbt/    
and here