COMMISSION DIRECTIVE of 5 March 1991 defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 10 of Directive 88/379/EEC (91/155/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (1), as last amended by Commission Directive 90/492/EEC (2), and in particular Article 10 (2) thereof,
Whereas the labelling required by Directive 88/379/EEC constitutes a basic source of information for users of dangerous preparations by giving them a clear, concise indication of the potential dangers; whereas that labelling needs to be supplemented by a more detailed information system for industrial users;
Whereas Article 10 of Directive 88/379/EEC provides for the setting up of an information system in the form of safety data sheets relating to dangerous preparations; whereas, moreover, this Article specifies that such information is principally intended for industrial users and must enable them to take the measures necessary to ensure the protection of health and safety at the workplace;
Whereas there are close links between Directive 88/379/EEC and 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 (3), as last amended by Directive 79/831/EEC (4); whereas it is therefore desirable to establish a system of safety data sheets which is applicable to both dangerous substances and dangerous preparations; whereas the implementing provisions for dangerous substances will be laid down in due course;
Whereas the advisory committee on safety, hygiene and health protection at the workplace set up by Council Decision 74/325/EEC (5), as last amended by the Act of Accession of Spain and Portugal, has been consulted;
Whereas the provisions of this Directive are in accordance with the opinion of the committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Any person established within the Community who is responsible for placing a dangerous substance or preparation on the market, whether the manufacturer, importer or distributor, shall supply the recipient who is an industrial user of the substance or preparation with a safety date sheet containing the information set out in Article 3.
2. The information shall be provided free of charge at the latest when the substance or preparation is first supplied and thereafter following any revision due to any significant new information regarding safety and protection of health and the environment.
The new dated version, identified as 'Revision: . . . (date)' shall be provided free of charge to all former recipients who received the substance or preparation within the preceding 12 months.
3. The safety data sheet need not be supplied where dangerous substances or preparations offered or sold to the general public are furnished with sufficient information to enable users to take the necessary measures as regards the protection of health and safety. However, a safety data sheet must be supplied at the request of an industrial user.
Article 2
Member States may make the placing of dangerous substances or preparations on the market in their territory subject to the use of their official language or languages for the compilation of the safety data sheet referred to in Article 1.
Article 3
The safety data sheet referred to in Article 1 shall contain the following obligatory headings:
1. identification of the substance/preparation and of the company/undertaking;
2. composition/information on ingredients;
3. hazards identification;
4. first-aid measures;
5. fire-fighting measures;
6. accidental release measures;
7. handling and storage;
8. exposure controls/personal protection;
9. physical and chemical properties;
10. stability and reactivity;
11. toxicological information;
12. ecological information;
13. disposal considerations;
14. transport information;
15. regulatory information;
16. other information.
It shall be incumbent on the person responsible for placing the substance or preparation on the market to supply the information specified under these headings. This information shall be compiled in accordance with the Explanatory Notes in the Annex. The safety data sheet shall be dated.
Article 4
The implementing provisions for dangerous substances will be laid down later.
Article 5
1. Member States shall adopt and publish the provisions necessary to comply with this Directive by 30 May 1991 at the latest and shall forthwith inform the Commission thereof.
2. These provisions shall take effect from 8 June 1991.
However, existing information systems of the safety data sheet type in use in some Member States may continue to be used until 30 June 1993.
3. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 5 March 1991.