Proposal for a European Parliament and Council Directive amending Council Directive 67/548/EEC as regards the labelling of certain dangerous substances in Austria and Sweden
Date: 1998-10-30
Institutions: European Commission
Subjects: Austria, Sweden, approximation of laws, dangerous substance, labelling

3.12.98

EN

Official  Journal  of  the  European  Communities

C  374/15

Proposal  for  a  European  Parliament  and  Council  Directive  amending  Council  Directive
67/548/EEC  as  regards  the  labelling  of  certain  dangerous  substances  in  Austria  and  Sweden

(98/C  374/05)

(Text  with  EEA  relevance)

COM(1998)  561  final  -  98/0290(COD)

(Submitted  by  the  Commission  on  30  October  1998)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  100a  thereof,

included  in  Annex  II  and  labels  with  additional
S(cid:220)phrases  not  listed  in  Annex  IV  to  the  Directive
regarding  counter(cid:220)measures  in  case  of  accident,  and
that  those  provisions  be  reviewed  in  accordance
with  EC  procedures  before  31  December  1998;

Having  regard  to  the  proposal  from  the  Commission,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

(4)(cid:217)Whereas  Article  23(2)(d)  of  Directive  67/548/EEC
requires  that  every  package  of  a  substance  show
specific  R(cid:220)phrases  indicating  the  special  risk  arising
from  the  dangers  involved  in  using  the  substance;
whereas  the  wording  of  those  R(cid:220)phrases  is  laid
down  in  Annex  III  to  the  Directive;

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty,

(1)(cid:217)Whereas  Council  Directive  67/548/EEC  of  27  June
1967  on  the  approximation  of  laws,  regulations  and
administrative  provisions  relating  to  the  classifi(cid:220)
cation,  packaging  and 
labelling  of  dangerous
last  amended  by  Commission
substances(cid:216)(˛),  as 
Directive  97/69/EC(cid:216)(ˇ),  provides  in  its  Article  30
that  Member  States  may  not  prohibit,  restrict  or
impede  the  placing  on  the  market  of  substances
which  comply  with  the  Directive;

(2)(cid:217)Whereas  Article  23(2)(c)  of  Directive  67/548/EEC
requires  that  every  package  of  a  substance  show
danger  symbols,  which  are  laid  down  in  Annex  II;
whereas  Article  23(2)(e)  requires  that  every  package
of  a  substance  show  specific  S(cid:220)phrases  relating  to
the  safe  use  of  the  substance;  whereas  the  wording
of  those  S(cid:220)phrases  is  laid  down  in  Annex  IV  to  the
Directive;

(3)(cid:217)Whereas  Article  69  of  the  Act  of  Accession  of
Austria,  Finland  and  Sweden  provides  that  Article
30  of  Directive  67/548/EEC  in  conjunction  with
Article  23(2)  thereof  are  not  to  apply  to  Austria
before  1  January  1999,  in  that  Austria  may  require
labels  with  additional  symbols  not
the  use  of 

(˛)(cid:217)OJ  196,  16.8.1967,  p.  1.
(ˇ)(cid:217)OJ  L  343,  13.12.1997,  p.  19.

(5)(cid:217)Whereas  Article  112  of  the  Act  of  Accession  of
Austria,  Finland  and  Sweden  provides  that  Article
30  of  Directive  67/548/EEC  in  conjunction  with
Article  23(2)(d)  thereof  are  not  to  apply  to  Sweden
before  1  January  1999,  in  that  Sweden  may  require
the  use  of  the  additional  R(cid:220)phrases  "R(cid:220)322’  and
"R(cid:220)340’  not  listed  in  Annex  III  to  the  Directive,  and
that  those  provisions  be  reviewed  in  accordance
with  EC  procedures  before  31  December  1998;

(6)(cid:217)Whereas  Directive  98/.(cid:216).(cid:216)./EC  of 

.(cid:216).(cid:216).  of 

amongst  others, 

the
European  Parliament  and  of  the  Council  on  the
approximation  of  the  laws,  regulations  and  adminis(cid:220)
trative  provisions  of  the  Member  States  relating  to
the  classification,  packaging  and 
labelling  of
dangerous  preparations  provides  for  certain  specific
the  Directive  as
conditions  of  application  of 
regards, 
symbols,
R(cid:220)phrases  and  S(cid:220)phrases  for  Austria  and  Sweden  in
order  to  take  account  of  the  level  of  their  standards
for  the  protection  of  health  and  the  protection  of
the  environment;  whereas  those  specific  conditions
are 
limited  to  the  period  of  two  years  from
1  January  1999  to  31  December  2000;  whereas
during  that  period  the  coherence  of  the  marketing
substances  and  prep(cid:220)
conditions  of  dangerous 
arations  should  be  sought;

additional 

(7)(cid:217)Whereas  scientific  and  technical  progress  is  fore(cid:220)
seeable 
international
framework 
negotiations  on  the  harmonisation  of  classification
of  dangerous  substances  with  regard  to  "R(cid:220)322’;

the 

of 

in 

C  374/16

EN

Official  Journal  of  the  European  Communities

3.12.98

whereas  in  the  light  of  the  ongoing  international
negotiations  on  labelling  of  dangerous  substances,
Member  State  experts  agreed 
the
in(cid:220)depth  revision  of  existing  Community  legislation
with  regard  to  "R(cid:220)340’  as  an  immediate  priority;

to  consider 

(8)(cid:217)Whereas  Community 

in 

the 

light  of 

legislation  will  have  to  be
reviewed 
the
the  outcome  of 
negotiations  on  the  international  harmonisation  of
classification  and  labelling  of  dangerous  substances;
whereas  it  can  be  expected  that  the  outcome  will
lead  to  an  approximation  of  standards 
in  this
respect  in  the  entire  Community;

the  procedures 

(9)(cid:217)Whereas  Resolution  (90/C(cid:216)329/03)  of  the  Council
and  of  the  representatives  of  the  Governments  of
the  Member  States,  meeting  within  the  Council  of  3
December  1990  on  improving  the  prevention  and
treatment  of  acute  human  poisoning(cid:216)(˛)  calls  for  the
harmonisation  of 
for  collecting
clinical  toxicology  data  for  all  the  poison  centres  in
the  Community  in  order  to  facilitate  the  devel(cid:220)
opment  of  a  policy  for  toxic  risk  prevention;
whereas  to  that  end,  the  relevant  competent  auth(cid:220)
orities,  in  cooperation  with  the  Commission,  will
set  up  between  the  poison  centres  or,  where  appro(cid:220)
priate,  other  competent  services,  a  Community
system  of  information  and  collaboration  concerning
the  availability  of  antidotes;

(10)(cid:217)Whereas  a  symbol  showing  that  residues  of  certain
dangerous  substances  should  be  collected  separately
from  other  waste  could  reduce  the  potential  release
of  dangerous  substances  to  the  environment  by
improving 
special  waste  collection
systems  by  the  general  public;  whereas  due  to  the
lack  of  some  elements,  certain  time  is  still  required
for  considering  the  necessity  of  such  symbol;

the  use  of 

(11)(cid:217)Whereas  the  review  of  Community  legislation  with
regard  to  the  provisions  on  dangerous  substances
referred  to  in  the  Act  of  Accession  of  Austria,
Finland  and  Sweden  cannot  be  completed  by  31
December  1998;

reviewed  within 

(12)(cid:217)Whereas  the  provisions  covered  by  this  Directive
the
to  be 
should  continue 
in  accordance
prescribed  period  for  exemption, 
with  EC  procedures;  without  prejudice 
the
outcome  of  that  review,  at  the  end  of  that  period,
the  EC  acquis  will  be  applicable  to  Austria  and
Sweden  under  the  same  conditions  as  in  the  other
Member  States;

to 

(13)(cid:217)Whereas  Community 

legislation  can  provide  for
derogation  for  limited  periods  for  certain  Member
States  because  of  the  specificity  of  their  situations,

HAVE  ADOPTED  THIS  DIRECTIVE:

Article  1

The  following  paragraphs  are  added  to  Article  23  of
Directive  67/548/EEC:

"5.(cid:218)(cid:217)Austria  may  from  1  January  1999  until  31
December  2000  require  the  use  of:

-(cid:217)the  additional 

""crossed  out  dustbin’’
concerning  waste  disposal,  not  included  in  Annex
II,  and

symbol 

-(cid:217)the  additional  S(cid:220)phrase  ""Antidote  exists,  medical
Information  Centre’’
the  case  of

staff 
regarding  counter(cid:220)measures 
accident,  not  listed  in  Annex  IV.

contact  Poisons 

in 

6.(cid:218)(cid:217)Sweden  may  from  1  January  1999  until  31
December  2000  require  the  use  of  the  following
additional  R(cid:220)phrases,  not  listed  in  Annex  III:

-(cid:217)""R(cid:220)322’’  for  substances  which  present  acute  toxic
effects  not  covered  by  criteria  for  classification  of
Annex  VI 
""moderately
harmful’’),  and

(Swedish 

category 

-(cid:217)""R(cid:220)340’’  for  substances  classified  as  carcinogenic,

category  3,  instead  of  R(cid:220)phrase  R40.’

Article  2

1.(cid:218)(cid:217)Member  States  shall  bring 
laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  by  31  December  1998  at  the
latest.  They  shall  forthwith 
inform  the  Commission
thereof.

into  force  the 

2.(cid:218)(cid:217)When  Member  States  adopt  those  provisions,  they
shall  contain  a  reference  to  this  Directive  or  be  accom(cid:220)
panied  by  such  a  reference  on  the  occasion  of  their
official  publication.  Member  States  shall  determine  how
such  reference  is  to  be  made.

Article  3

(˛)(cid:217)OJ  C  329,  31.12.1990,  p.  6.

This  Directive  is  addressed  to  the  Member  States.