Directive 1999/33/EC of the European Parliament and of the Council of 10 May 1999 amending Council Directive 67/548/EEC as regards the labelling of certain dangerous substances in Austria and Sweden
Date: 1999-05-10
Institutions: Council of the European Union, European Parliament
Subjects: Austria, Sweden, dangerous substance, labelling

30. 7. 1999

EN

Official Journal of the European Communities

L 199/57

DIRECTIVE 1999/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 10 May 1999

amending Council Directive 67/548/EEC as regards the labelling of certain dangerous substances in
Austria and Sweden

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

and whereas the wording of those R-phrases is laid
down in Annex III to the said Directive;

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

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

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

(5) Whereas Article 112 of the 1994 Treaty of Accession
thereto provide that Article 30 in
and Annex XII
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 addi-
tional R-phrases ‘R-322’ and ‘R-340’ not listed in Annex
III to the said Directive, and that those provisions are to
be reviewed in accordance with Community procedures
before 31 December 1998;

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

labelling

and

of

(2) Whereas Article 23(2)(c) of Directive 67/548/EEC
thereof requires every package of a 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 to show specific S-phrases (safety
phrases) 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;

(3) Whereas Article 69 of the 1994 Act of Accession and
Annex VIII thereto provide that Article 30 in conjunc-
tion 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 labels with additional 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;

(4) Whereas Article 23(2)(d) of Directive 67/548/EEC
requires every package of a substance to show specific
risks
R-phrases (risk phrases)
arising from the dangers involved in using the substance,

indicating the special

(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 (OJ C
98, 9.4.1999, p. 151 ), Council Common Position of 8 February
1999 (OJ C 58, 1.3.1999, p. 26) and Decision of the European
Parliament of 10 March 1999 (OJ C 175, 21.6.1999). Council Deci-
sion of 29 April 1999.

(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 1999/45/EC of the European Parlia-
ment and of the Council of 31 May 1999 concerning
the approximation of the laws, regulations and adminis-
trative 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 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 the marketing conditions of
dangerous
should be
sought;

and preparations

substances

(7) Whereas scientific and technical progress is foreseeable
within the framework of international negotiations on
the harmonisation of
the classification of dangerous
substances with regard to ‘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 ‘R-340’ an important priority;

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

(5) OJ L 200, 30.7.1999, p. 1.

L 199/58

EN

Official Journal of the European Communities

30. 7. 1999

(9) Whereas the resolution of the Council and of the repre-
sentatives 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 harmonisation of the procedures
for collecting clinical toxicology data for all the poison
centres in the Community in order to facilitate the devel-
opment of a policy for toxic risk prevention; whereas to
that end, the relevant competent authorities, in coopera-
tion with the Commission, are to set up between the
poison centres or, where appropriate, other competent
services a Community system of information and collab-
oration 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;

(11) Whereas

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

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

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

Austria may from 1 January 1999 until 31 December

‘5.
2000 require the use of:
— the additional symbol “dustbin with a cross through it”
concerning waste disposal, not included in Annex II,
and

— the additional S-phrase “Antidote exists, medical staff
contact Poisons Information Centre” regarding counter-
measures in the case of accident, not listed in Annex IV.

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

— “R-322” for substances which present acute toxic effects
not covered by criteria for classification of Annex VI
(Swedish category “moderately harmful”), and

— “R-340”

for

substances

classified as

carcinogenic,

category 3,

instead of R-phrase R40.’

Article 2

The Republic of Austria and the Kingdom of Sweden shall
adopt and publish the provisions necessary to comply with this
Directive by 30 July 2000 at the latest. They shall forthwith
inform the Commission thereof.

When the Member States concerned adopt these provisions,
they shall contain a reference to this Directive or shall be
accompanied by such a reference on the occasion of their
official publication. The methods of making such a reference
shall be laid down by the Member States.

Article 3

This Directive is addressed to the Member States.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

Done at Brussels, 10 May 1999.

For the European Parliament

For the Council

The President

J. M. GIL-ROBLES

The President

H. EICHEL

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