CELEX: 51990PC0566
Language: en
Date: 1990-11-23
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE SEVENTH TIME DIRECTIVE 67/548/EEC ON THE APPROXIMATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE CLASSIFICATION, PACKAGING AND LABELLING OF DANGEROUS SUBSTANCES

18. 12. 90                              Official Journal of the European Communities                              No C 318/13
                                                            ANNEX II
                     Declaration by the European Economic Community on the Generalized Preferences System
              The European Economic Community confirms the importance of the Generalized Preferences System —
              implemented by it in accordance with Resolution No 21 (II) of the Second United Nations Conference on
              Trade and Development — for the developing countries' trade.
              With a view to enabling Chile to make the best and fullest possible use of the European Economic
              Community's preference scheme, the Community hereby declares its willingness to examine in the Joint
              Committee the possibility of identifying ways of enabling Chile to derive maximum benefit from the
              scheme in question.
              Amendment to the proposal for a Council Directive amending for the seventh time Directive
              67/548/EEC on the approximation of the laws, regulations and administrative provisions
                      relating to the classification, packaging and labelling of dangerous substances (')
                                                COM(90) 566 final — SYN 227
               (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 27 November
                                                               1990)
                                                          (90/C 318/08)
The Commission, on the basis of the opinion delivered                          — consists of less than a simple weight majority
by the European Parliament in its first reading on 10                             of molecules of the same molecular weight.
October 1990, modifies its original proposal pursuant to                           Such molecules must be distributed over
Article 149 (3) of the EEC Treaty as follows:                                      a range of molecular weights wherein
                                                                                  differences in the molecular weight are
                                                                                  primarily attributable to differences in the
  1. The second recital now reads:                                                 number of monomer units.
     'Whereas disparities in these conditions in the
     Member States directly affect the functioning of the
     internal market and do not guarantee the same level                       In the context of this definition a "monomer
     of safety for human health and the protection of the                      unit" means the reacted form of a monomer in
     environment.';                                                            a polymer.';
  2. Article 2 (1) (g) of Directive 67/548/EEC reads as
     follows:
                                                                      3. Article 3 (1), first subparagraph, of Directive
                                                                         67/548/EEC: remove 'preparation'; Article 3 now
     '(g) A polymer means:                                               reads:
          — a substance consisting of molecules charac-
              terized by the sequence of one or more
              types of monomer unit,                                     '1.    The physico-chemical properties of the
                                                                         substances shall be determined according to the
                                                                         methods specified in Annex V, part A; their toxicity
          — comprising a simple weight majority of                       shall be determined according to the methods
              molecules      containing    at    least   three           specified in Annex V part B and their ecotoxocity
              contiguous monomer units which are                         according to those specified in Annex V part C ;
              covalently bound to at least one other
              monomer unit or other reactant, and
                                                                         Article 8 (1), fourth indent of Directive 67/548/EEC
(') OJ No C 33, 13. 2. 1990, p. 3.                                        now reads:
 ---pagebreak--- N o C 318/14                            Official Journal of the European Communities                                 18. 12. 90
    '— substances used exclusively as additives in food-            7. Article 17 (2) of Directive 67/548/EEC:
          stuffs as covered by Directive 80/107/EEC and
          substances used exclusively as flavourings in                 Second and third indents to be deleted;
          foodstuffs and which are covered by Directive
          88/388/EEC                                                8. Article 17 (3) of Directive 67/548/EEC: now reads:
     (NB: This will require the addition of an extra                   '3. Any technical specifications which may be
    footnote: 'OJ No L 184, 15. 7. 1988, p. 61.');                     necessary with regard to the devices referred to in
                                                                       paragraph 1 (e) and (f) shall be adopted by the
                                                                       procedure in Article 24 and shall be given in Annex
 5. Article 11 (2) of Directive 67/548/EEC now reads:                  IX, in particular:
    '2.     In the case of notifications submitted in                  — in Annex IX, Part A relating to child resistant
    conformity with Article 6, within a period of 60 days                  fastenings;
    following receipt of the dossiers, the authority will              — in Annex IX, Part B relating to tactile warnings
    inform the notifier in writing as to whether the                       of danger.';
    dossier has, or has not, been accepted as being in
    conformity with the Directive.                                 9. Article 20a (new) of Directive 67/548/EEC:
                                                                       'Recommending or praising a substance belonging to
    In the event that the dossier has been accepted the                one or more of the categories specified in Article
    authority will at the same time advise the notifier of             2 (2) without mentioning the category or categories
    the official number which has been allocated to the                to which it belongs is prohibited.';
    notification. In the event that the dossier is not
    accepted, the authority will inform the notifier as to        10. Article 21 (1) of Directive 67/548/EEC: remove
    what further information he is required to provide in              'preparation' (twice); Article 21 (1) now reads:
    order to bring the dossier into conformity.';
                                                                       '1.    At, or if appropriate before, the first delivery
 6. Article 17(1) of Directive 67/548/EEC: add two                     of a dangerous substance, any manufacturer,
                                                                       importer or distributor shall communicate to the
    extra subparagraphs (e) and (f) as follows: —
                                                                       recipient the information         necessary for the
                                                                       protection of man and tb.6 environment by the means
    '(e) recipients of whatever capacity containing
                                                                       of a safety data sheet. This data sheet may
          substances either made available to, or sold to
                                                                       be communicated on paper or electronically.
          the general public, and which are labelled as
                                                                       Subsequently, the manufacturer,           importer or
          very toxic, toxic or corrosive according to this
                                                                       distributor shall forward to the recipient of the safety
          Directive shall be equipped with child proof
                                                                       data sheet any new relevant information on the
          fastenings and carry a tactile warning of danger;
                                                                       substance which has become known to him.';
      (f) recipients of whatever capacity containing              11. Article 21 (2) of Directive 67/548/EEC now reads:
          substances either made available to, or sold
          to the general public, and which are labelled                '2.    Rules relating to the elaboration, distribution,
          as harmful, extremely flammable or highly                    content and format of the safety data sheets referred
          flammable according to this Directive shall carry            to in paragraph 1 will be established according to the
          a tactile warning of danger.';                               procedure foreseen in Article 24.'