COMMON POSITION (EC) No 16/1999 adopted by the Council on 8 February 1999 with a view to the adoption of Directive 1999/.../EC of the European Parliament and of the Council amending Council Directive 67/548/EEC as regards the labelling of certain dangerous substances in Austria and Sweden
Date: 1999-02-08
Institutions: Council of the European Union
Subjects: Austria, Sweden, carcinogenic substance, dangerous substance, labelling, toxic substance

C 58/26

EN

Official Journal of the European Communities

1.3.1999

COMMON POSITION (EC) No 16/1999

adopted by the Council on 8 February 1999

with a view to the adoption of Directive 1999/…/EC of the European Parliament and of
the Council amending Council Directive 67/548/EEC as regards the labelling of certain
dangerous substances in Austria and Sweden

(1999/C 58/03)

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,

Having
regard
Commission (1),

to

the

proposal

from the

Having regard to the opinion of the Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in
Article 189b of the Treaty (3),

of Council Directive
30
(1) Whereas Article
1967
27
the
June
on
67/548/EEC of
regulations and
the laws,
approximation of
the
to
administrative
classification,
of
dangerous substances (4), provides that Member
States may not prohibit, restrict or impede the
substances which
placing on the market of
comply with that Directive;

provisions
packaging

labelling

relating

and

requires

(2) Whereas Article 23(2)(c) of Directive 67/548/
every package of a
EEC thereof
substance to show danger symbols, as laid down
in Annex II, whereas Article 23(2)(e) of the said
Directive requires every package of a substance
(safety-phrases)
to
relating to the safe use of the substance, and
whereas the wording of those S-phrases is laid
down in Annex IV to that Directive;

show specific

S-phrases

(3) Whereas Article 69 of the 1994 Act of Accession
and Annex VIII thereto provide that Article 30
in conjunction with Article 23(2) of Directive
67/548/EEC is not to apply to Austria before
1 January 1999, in that Austria may require the
use of
symbols not
included in Annex II and labels with additional
S-phrases not listed in Annex IV to the said
Directive regarding counter-measures in case of
accident, and that those provisions are to be
reviewed in accordance with EC procedures
before 31 December 1998;

labels with additional

(4) Whereas

of

Article

23(2)(d)
every
to show specific R-phrases

Directive
a
of
67/548/EEC requires
substance
(risk
phrases) indicating the special risks arising from
the dangers involved in using the substance, and
whereas the wording of those R-phrases is laid
down in Annex III to the said Directive;

package

(5) Whereas Article 112 of

the 1994 Treaty of
Accession and Annex XII thereto provide that
Article 30 in conjunction with Article 23(2)(d) of
Directive 67/548/EEC is not to apply to Sweden
before 1 January 1999,
in that Sweden may
require the use of
the additional R-phrases
(cid:28)R-322’ and (cid:28)R-340’ not listed in Annex III to
the said Directive, and that those provisions are
to
accordance with EC
procedures before 31 December 1998;

reviewed

be

in

(1) OJ C 374, 3.12.1998, p. 15.
(2) OJ C 40, 15.2.1999, p. 43.
(3) Opinion of the European Parliament of 16 December
1998 (not yet published in the Official Journal), Council
common position of 8 February 1999 and Decision of
the European Parliament of . . . (not yet published in the
Official Journal).

(4) OJ 196, 16.8.1967, p. 1. Directive as last amended by
Commission Directive 98/98/EC (OJ L 355, 30.12.1998,
p. 1).

(6) Whereas Directive 1999/…/EC of the European
Parliament and of the Council concerning the
approximation of
regulations and
the laws,
administrative provisions of the Member States
relating to the classification, packaging and
labelling of dangerous preparations (5) provides
for certain specific conditions for the application
of the Directive as regards, inter alia, additional

(5) OJ L …

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Official Journal of the European Communities

C 58/27

symbols, R-phrases and S-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
two-year period running from 1 January 1999 to
31 December 2000; whereas during that period
coherence of
conditions of
the marketing
dangerous substances and preparations should be
sought;

(7) Whereas

the

within

framework

scientific and technical progress

is
foreseeable
of
international negotiations on the harmonisation
of the classification of dangerous substances with
regard to (cid:28)R-322’, and whereas, in the light of
the ongoing international negotiations on the
labelling of dangerous substances and taking
account of the labelling survey launched by the
Commission, Member State experts have agreed
to consider the in-depth revision of existing
Community legislation with regard to (cid:28)R-340’ an
important priority;

the outcome of

(8) Whereas Community legislation will have to be
reviewed in the light of
the
negotiations on the international harmonisation
of the classification and labelling of dangerous
substances, and whereas it can be expected that
lead to an approximation
the outcome will
of
the
standards
Community;

throughout

in this

respect

the

harmonisation

procedures
toxicology data for all

(9) Whereas the Resolution 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 (1) calls
for
for
of
collecting clinical
the
poison centres in the Community in order to
facilitate the development of a policy for toxic
risk prevention; whereas to that end, the relevant
competent authorities,
in cooperation with the
Commission, are to set up between the poison
centres or, where appropriate, other competent
services a Community system of
information
and collaboration concerning the availability of
antidotes;

(10) 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 the use of special
waste collection systems by the general public;
whereas, owing to the lack of certain evidence,
a certain amount of time is still required for
considering the need for such a symbol within
the Community;

(1) OJ C 329, 31.12.1990, p. 6.

(11) Whereas the review of Community legislation on
dangerous
the
substances with
provisions of the 1994 Act of Accession relating
to Austria and Sweden could not be completed
by 31 December 1998;

regard

to

procedures within

(12) Whereas the provisions covered by this Directive
should continue to be reviewed in accordance
with Community
the
exemption period laid down; whereas, however,
without prejudice to the outcome of that review,
acquis
at
and
communautaire will
Sweden under the same conditions as it applies
in the other Member States;

to Austria

period

apply

that

end

the

the

of

(13) Whereas Community legislation can provide
for derogations for limited periods for certain
Member States in the light of
their specific
situations,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The following paragraphs shall be added to Article 23
of Directive 67/548/EEC.

Austria may from 1 January 1999 until

(cid:28)5.
31 December 2000 require the use of:

— the additional symbol “dustbin with a cross
through it” concerning waste disposal, not
included in Annex II, and

— the

S-phrase

additional

exists,
Information
medical
Centre.” regarding counter-measures in the case
of accident, not listed in Annex IV.

contact Poisons

“Antidote

staff

Sweden may from 1 January 1999 until
6.
31 December 2000 require the use of the following
additional R-phrases, not listed in Annex III:

— “R-322” for substances which present acute
toxic
covered by criteria for
classification of Annex VI (Swedish category
“moderately harmful”), and

effects not

C 58/28

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Official Journal of the European Communities

1.3.1999

— “R-340”

for
carcinogenic, category 3,
R40.’

substances

classified
as
instead of R-phrase

on the occasion of
their official publication. The
methods of making such a reference shall be laid
down by the Member States.

Article 2

Article 3

The Republic of Austria and the Kingdom of Sweden
shall adopt and publish the provisions necessary to
comply with this Directive by … (*) at the latest. They
shall forthwith inform the Commission thereof.

This Directive is addressed to the Member States.

Done at …

these
When the Member States concerned adopt
provisions,
they shall contain a reference to this
Directive or shall be accompanied by such a reference

For the European Parliament

For the Council

The President

The President

(*) Twelve months from the publication of the Directive in

the Official Journal.

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1.3.1999

Official Journal of the European Communities

C 58/29

STATEMENT OF REASONS

I.

INTRODUCTION

1. On 30 October 1998 the Commission submitted to the Council a proposal for a
Directive (1) based on Article 100a of the EC Treaty, amending Council Directive
67/548/EEC as regards the labelling of certain dangerous substances in Austria and
Sweden.

2. The European Parliament delivered its opinion on the Commisson proposal (2) on

16 December 1998, approving it without amendment.

3. The Economic and Social Committee delivered its opinion on 2 December 1998 (3).

4. On 8 February 1999 the Council adopted its common position in accordance with

the procedure laid down in Article 189b of the Treaty.

II. OBJECTIVE

5. With the aim of ensuring consistency with the Council common position on
dangerous preparations (4), this proposal provides for two additional years in the
transitional period for certain specific labelling requirements laid down in the
Treaty of Accession of Austria, Finland and Sweden. The transitional period
concerns Austria and Sweden only.

III. ANALYSIS OF THE COMMON POSITION

6. The Council approved the substance of the Commission proposal. However,

it
slightly amended the provisions of Article 2. Whereas Austria and Sweden will
adopt the (cid:28)provisions’ necessary to comply with this Directive, the other Member
States will adopt the necessary (cid:28)procedures’.

(1) OJ C 374, 3.12.1998, p. 15.
(2) Not yet published in the Official Journal.
(3) OJ C 40, 15.2.1999, p. 43.
(4) OJ C 360, 23.11.1998, p. 1.