COMMISSION DIRECTIVE of 1 March 1991 adapting to technical progress for the twelfth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (91/325/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard 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 (1), as last amended by Directive 79/831/EEC (2), and in particular Articles 19, 20 and 21 thereof,
Whereas 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 (3) stipulates, in
Article 16
(3), that on the date that that Directive enters into force, Council Directive 73/173/EEC of 4 June 1973 on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents) (4) and Council Directive 77/728/EEC of 7 November 1977 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of paints, varnishes, printing inks, adhesives and similar products (5) shall cease to apply; whereas it is necessary to introduce into Annex I to Directive 67/548/EEC the concentration limits for the substances previously determined in Directives 73/173/EEC and 77/728/EEC;
Whereas it is necessary to alter the format of Annex I to Directive 67/548/EEC in order to include concentration limits set on the basis of the toxicological properties of dangerous substances;
Whereas Germany and Denmark have requested a change in the labelling of a number of substances and notified the Commission accordingly under Article 23 of Directive 67/548/EEC;
Whereas examination of the list of dangerous substances in the said Annex I has shown that this list needs to be adapted in the light of present scientific and technical knowledge;
Whereas it is necessary for certain substances already classified as either 'very toxic' or 'extremely flammable' to change the symbol in accordance with the classification; whereas the gases hydrogen, methane and ethane should be classified as 'extremely flammable' with the appropriate label and risk phrase;
Whereas the Spanish and Portuguese languages have not yet been included in all cases in the text of Annexes I, II, III, IV and VI;
Whereas Annex III to Directive 67/548/EEC contains a list of phrases indicating the nature of the special risks attributed to dangerous substances; whereas it is necessary to introduce new combined phrases indicating danger to health after long term exposure and for the risk of cancer following inhalation; whereas substances and preparations assigned the risk-phrase R49 'may cause cancer by inhalation' constitute a sub-group of those substances and preparations assigned R45 'may cause cancer'; whereas it is also necessary to introduce new risk phrases indicating the danger for the environment;
Whereas Annex IV to Directive 67/548/EEC contains a list of the phrases indicating the safety advice concerning dangerous substances; whereas it is necessary to introduce new safety advice phrases related to the dangers for the environment;
Whereas Annex VI to Directive 67/548/EEC contains a guide to classification and labelling of dangerous substances and preparations; whereas it is necessary to amend this guide to include criteria for substances dangerous for the environment, new criteria for long-term health effects and changes resulting from Directive 88/379/EEC;
Whereas Directive 67/548/EEC has been adapted to technical progress more than 10 times and to a substantial extent; whereas for the sake of clarity the various amendments to Annexes I, II, III, IV and VI should be assembled in a single text;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 67/548/EEC is hereby amended as follows:
1. Annex I is replaced by Annex I to this Directive.
2. Annex II is replaced by Annex II to this Directive.
3. Annex III is replaced by Annex III to this Directive.
4. Annex IV is replaced by Annex IV to this Directive.
5. Parts II B, C and D of Annex VI are replaced by Annex V to this Directive.
Article 2
1. Not later than 8 June 1991, the Member States shall implement the laws, regulations and administrative provisions necessary to comply with Annexes I, II, III and IV, and Chapters 1, 2, 3, 4, 6.1, 7, 8, and 9 of Annex V to this Directive.
2. Not later than 1 July 1992, the Member States shall implement the laws, regulations and administrative provisions necessary to comply with Chapters 5 and 6.2 of Annex V to this Directive.
3. Member States shall immediately inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. Done at Brussels, 1 March 1991.