Regulation (EC) No 1336/2008 of the European Parliament and of the Council of 16 December 2008 amending Regulation (EC) No 648/2004 in order to adapt it to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (Text with EEA relevance)
Date: 2008-12-16
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, chemical product, dangerous substance, labelling, packaging

L 354/60

EN

Official Journal of the European Union

31.12.2008

REGULATION (EC) No 1336/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2008

amending Regulation (EC) No 648/2004 in order to adapt it to Regulation (EC) No 1272/2008 on
classification, labelling and packaging of substances and mixtures

(Text with EEA relevance)

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

(4)

Having regard to the Treaty establishing the European Commu-
nity, 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),

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

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1272/2008 of the European Parlia-
ment and of the Council of 16 December 2008 on classi-
fication,
labelling and packaging of substances and
mixtures (3) provides for the harmonisation of the classifi-
cation and labelling of substances and mixtures within the
Community. That Regulation will replace Council Direc-
tive 67/548/EEC of 27 June 1967 on the approximation of
laws, regulations and administrative provisions relating to
the classification, packaging and labelling of dangerous
substances (4) as well as Directive 1999/45/EC of the Euro-
pean Parliament and of the Council of 31 May 1999 con-
cerning the approximation of the laws, regulations and
administrative provisions of the Member States relating to
the classification, packaging and labelling of dangerous
preparations (5).

Regulation (EC) No 1272/2008 builds on the experience
with Directives 67/548/EEC and 1999/45/EC and incorpo-
rates the criteria for classification and labelling of sub-
stances and mixtures provided for by the Globally
Harmonised System of Classification and Labelling of
Chemicals (GHS) which has been adopted at the interna-
tional level, within the structure of the United Nations.

Certain provisions on classification and labelling laid down
in Directives 67/548/EEC and 1999/45/EC also serve for
the purpose of application of other Community legislation,
such as Regulation (EC) No 648/2004 of the European Par-
the Council of 31 March 2004 on
liament and of
detergents (6).

(1) OJ C 120, 16.5.2008, p. 50.
(2) Opinion of the European Parliament of 3 September 2008 (not yet
published in the Official Journal) and Council Decision of 28 Novem-
ber 2008.

(3) OJ L 353, 31.12.2008, p. 1.
(4) OJ 196, 16.8.1967, p. 1.
(5) OJ L 200, 30.7.1999, p. 1.
(6) OJ L 104, 8.4.2004, p. 1.

An analysis of the potential effects of replacing Directives
67/548/EEC and 1999/45/EC and the introduction of the
GHS criteria led to the conclusion that by adapting the ref-
erences
(EC)
No 648/2004, the scope of that act should be maintained.

those Directives

in Regulation

to

(5)

The transition from the criteria for classification contained
in Directives 67/548/EEC and 1999/45/EC should be fully
completed on 1 June 2015. Manufacturers of detergents
are manufacturers, importers or downstream users within
the meaning of Regulation (EC) No 1272/2008 and should
therefore be given the possibility under this Regulation to
adjust to that transition within a similar timeframe to that
provided for in Regulation (EC) No 1272/2008.

(6)

Regulation (EC) No 648/2004 should be amended
accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 648/2004

Regulation (EC) No 648/2004 is hereby amended as follows:

1.

the word ‘preparation’ or ‘preparations’ within the meaning
of Article 3(2) of Regulation (EC) No 1907/2006 of the Euro-
pean Parliament and of the Council (7), in its version of
30 December 2006, shall be replaced by ‘mixture’ or ‘mix-
tures’ respectively throughout the text;

2.

in paragraph 1 of Article 9, the introductory phrase shall be
replaced by the following:

‘Without prejudice to Article 45 of Regulation (EC)
No 1272/2008 of the European Parliament and of the Coun-
cil of 16 December 2008 on classification, labelling and
packaging of substances and mixtures (*), manufacturers
placing on the market the substances and/or mixtures cov-
ered by this Regulation shall hold at the disposal of the com-
petent authorities of the Member States:

(*) OJ L 353, 31.12.2008, p. 1.’

(7) OJ L 396, 30.12.2006, p. 1. Corrected version in OJ L 136, 29.5.2007,

p. 3.

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Official Journal of the European Union

L 354/61

3. Article 11(1) shall be replaced by the following:

Article 2

Entry into force and application

‘1.
Paragraphs 2 to 6 are without prejudice to the provi-
sions relating to the classification, labelling and packaging of
substances and mixtures in Regulation (EC) No 1272/2008.’.

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

Points 2 and 3 of Article 1 shall apply from 1 June 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 16 December 2008.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
B. LE MAIRE