COMMISSION REGULATION (EU) No 286/2011
of 10 March 2011
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 regard 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 Regulation (EC) No 1907/2006 (1), and in particular Article 53 thereof,
Whereas:
(1)
Regulation (EC) No 1272/2008 harmonises the provisions and criteria for the classification and labelling of substances, mixtures and certain specific articles within the European Union.
(2)
That Regulation takes into account the Globally Harmonised System of Classification and Labelling of Chemicals (hereinafter referred to as ‘the GHS’) of the United Nations (UN).
(3)
The classification criteria and labelling rules of the GHS are periodically reviewed at UN level. The third revised edition of the GHS was adopted in December 2008 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 (UNCETDG/GHS). It contains amendments concerning, inter alia, the provisions for the allocation of hazard statements and for the labelling of small packaging, new sub-categories for respiratory and skin sensitisation, the revision of the classification criteria for long-term hazards (chronic toxicity) to the aquatic environment and a new hazard class for substances and mixtures hazardous to the ozone layer. It is therefore necessary to adapt the technical provisions and criteria in the Annexes to Regulation (EC) No 1272/2008 to the third revised edition of the GHS.
(4)
The GHS allows authorities to adopt supplemental labelling provisions to protect individuals already sensitised to a specific chemical that may elicit a response at very low concentration. Requirements should be introduced to add the name of such chemical on the label even if present at very low concentration in a mixture.
(5)
The terminology of different provisions in the Annexes and certain technical criteria should also be amended to facilitate implementation by operators and enforcement authorities, to improve consistency of the legal text and to enhance clarity.
(6)
To ensure that suppliers of substances can adapt to the new classification, labelling and packaging provisions introduced by this Regulation, a transitional period should be foreseen and the application of this Regulation should be deferred. This should allow for the possibility to apply the provisions laid down in this Regulation on a voluntary basis before the transitional period is over.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established pursuant to Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2),
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1272/2008 is amended as follows:
(1)
Article 25(5) is deleted;
(2)
the following new section (e) is inserted in Article 26(1):
‘(e)
if the hazard pictogram “GHS02” or “GHS06” applies, the use of the hazard pictogram “GHS04” shall be optional.’;
(3)
Annex I is amended in accordance with Annex I to this Regulation;
(4)
Annex II is amended in accordance with Annex II to this Regulation;
(5)
Annex III is amended in accordance with Annex III to this Regulation;
(6)
Annex IV is amended in accordance with Annex IV to this Regulation;
(7)
Annex V is amended in accordance with Annex V to this Regulation;
(8)
Annex VI is amended in accordance with Annex VI to this Regulation;
(9)
Annex VII is amended in accordance with Annex VII to this Regulation.
Article 2
Transitional provisions
1. By way of derogation from the second paragraph of Article 3, substances and mixtures may, before 1 December 2012 and 1 June 2015 respectively, be classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 as amended by this Regulation.
2. By way of derogation from the second paragraph of Article 3, substances classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 and placed on the market before 1 December 2012, are not required to be relabelled and repackaged in accordance with this Regulation until 1 December 2014.
3. By way of derogation from the second paragraph of Article 3, mixtures classified, labelled and packaged in accordance with Directive 1999/45/EC of the European Parliament and of the Council (3) or Regulation (EC) No 1272/2008 and placed on the market before 1 June 2015, are not required to be relabelled and repackaged in accordance with this Regulation until 1 June 2017.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply in respect of substances from 1 December 2012 and in respect of mixtures from 1 June 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 March 2011.