Corrigendum to Directive 2006/121/EC of the European Parliament and of the Council of 18 December 2006 amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency ( OJ L 396, 30.12.2006 )
Date: 2007-05-29
Institutions: Council of the European Union, European Parliament
Subjects: European Chemicals Agency, approximation of laws, chemical product, dangerous substance, labelling, marketing standard, packaging, scientific report

29.5.2007

EN

Official Journal of the European Union

L 136/281

Corrigendum to Directive 2006/121/EC of the European Parliament and of the Council of 18 December 2006
amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions
relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation
(EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals
(REACH) and establishing a European Chemicals Agency

(Official Journal of the European Union L 396 of 30 December 2006)

Directive 2006/121/EC should read as follows:

DIRECTIVE 2006/121/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 December 2006

amending Council Directive 67/548/EEC on the approximation of laws, regulations and administra-
tive provisions relating to the classification, packaging and labelling of dangerous substances in
order to adapt it to Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authori-
sation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(3) Article 3 shall be replaced by the following:

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

‘Article 3

Testing
substances

and

assessment of

the

properties of

Tests on substances carried out within the framework of
this Directive shall be conducted according to the require-
ments of Article 13 of Regulation (EC) No 1907/2006 of
the
the Council of
18 December 2006 concerning the Registration, Evalua-
tion, Authorisation and Restriction of Chemicals (REACH)
and establishing a European Chemicals Agency (*).

European Parliament

and of

Whereas:

(*) OJ L 396, 30.12.2006, p. 1.’

In view of the adoption of Regulation (EC) No 1907/2006 (3),
Directive 67/548/EEC (4) should be adapted and its rules on the
notification and risk assessment of chemicals deleted,

(4) Article 5 shall be amended as follows:

(a) in paragraph 1, the first subparagraph shall be replaced

by the following:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 67/548/EEC is hereby amended as follows:

(1)

(2)

in Article 1, paragraph 1, points (a), (b) and (c) shall be
deleted;

in Article 2, paragraph 1, points (c), (d), (f) and (g) shall be
deleted;

(1) OJ C 294, 25.11.2005, p. 38.
(2) Opinion of the European Parliament of 17 November 2005 (OJ C 280 E,
18.11.2006, p. 440), Council Common Position of 27 June 2006 (OJ
C 276 E, 14.11.2006, p. 252) and Position of the European Parliament
of 13 December 2006 (not yet published in the Official Journal).

(3) See page 3 of this Official Journal.
(4) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission
Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1). Corrected in OJ
L 216, 16.6.2004, p. 3.

‘Member States shall take all the necessary measures to
ensure that substances cannot be placed on the market
on their own or in preparations unless they have been
packaged and labelled in accordance with Articles 22
this Directive and with the criteria in
to 25 of
registered
Annex VI of
substances,
information
in accordance with the
obtained through the application of Articles 12 and 13
of Regulation (EC) No 1907/2006, save in the case of
preparations where provisions exist
in other Direc-
tives.’;

this Directive,

and,

for

(b) paragraph 2 shall be replaced by the following:

The measures

sub-
‘2.
referred to in the first
paragraph of paragraph 1 shall apply until
the
substance is listed in Annex I or until a decision not to
list it has been taken in accordance with the procedure
laid down in Article 29.’;

L 136/282

EN

Official Journal of the European Union

29.5.2007

(5) Articles 7 to 15 shall be deleted;

(6) Article 16 shall be deleted;

(7) Articles 17 to 20 shall be deleted;

(8) Article 27 shall be deleted;

(9) Article 32 shall be replaced by the following:

‘Article 32

References

References to Annexes VII A, VII B, VII C, VII D and VIII
of this Directive shall be construed as references to the
corresponding Annexes VI, VII, VIII, IX, X and XI of Regu-
lation (EC) No 1907/2006.’;

(10) Annex V shall be deleted;

(11) Annex VI shall be amended as follows:

(a) in sections 1.6.2, 1.7.2, 1.7.3, 2.1, 2.2.1, 2.2.2,
2.2.2.1, 2.2.3, 2.2.4, 2.2.5, 3.1.1, 3.1.5.1, 3.1.5.2,
3.2.1, 3.2.2, 3.2.3, 3.2.5, 3.2.6.1, 3.2.6.2, 3.2.7.2,
4.2.3.3, 5.1.3, 9.1.1.1, 9.1.1.2, 9.3 and 9.5 of this
Annex, the words ‘Annex V’ and ‘Annex V to this
Directive’, shall be replaced by the words ‘the Commis-
specified in
sion Regulation on test methods as
Article 13(2) of Regulation (EC) No 1907/2006’;

(b) section 1.6.1, point

(a)

shall be replaced by the

following:

‘(a) as regards substances for which the information
specified in Annexes VI, VII and VIII of Regulation
(EC) No 1907/2006 is required, most of the neces-
sary data for classification and labelling appear in
the base set. This classification and labelling must
if necessary, when further informa-
be reviewed,
tion is available (Annexes IX and X of Regulation
(EC) No 1907/2006)’;

(c) in section 5.1, the second paragraph shall be replaced

by the following:

‘The criteria set out below follow directly from the test
methods set out in the Commission Regulation on test
methods as specified in Article 13(2) of Regulation
(EC) No 1907/2006 in so far as they are mentioned.
The test methods required for the base set referred to
in Annexes VII and VIII of Regulation (EC) No 1907/
2006 are limited and the information derived from
them may be insufficient for an appropriate classifica-
tion. Classification may require additional data derived
from Annexes IX or X of Regulation (EC) No 1907/
2006 or other equivalent studies. Furthermore, classi-

fied substances may be subject to review in the light of
other new data.’;

(d) in section 5.2.1.2,

second paragraph,

the second

sentence shall be replaced by the following:

‘Such additional scientific evidence should normally be
based on the studies required by Annex IX of Regu-
lation (EC) No 1907/2006, or studies of equivalent
value, and could include:’;

(12) Annexes VII A, VII B, VII C, VII D and VIII shall be

deleted.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive with effect from 1 June 2008. They shall forthwith
inform the Commission thereof.

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

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

It shall apply from 1 June 2008.

Notwithstanding the second paragraph of this Article, Article 1
point 6 shall apply from 1 August 2008.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 18 December 2006.

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

M. VANHANEN