6.6.2014 EN Official Journal of the European Union L 167/36
COMMISSION REGULATION (EU) No 605/2014
of 5 June 2014
amending, for the purposes of introducing hazard and precautionary statements in the Croatian language and its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union and the Treaty establishing the European Atomic Energy Community (1), and in particular Article 50 thereof,
Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (2), and in particular Article 37(5) thereof,
Whereas:
(1) Commission Regulation (EU) No 487/2013 (3) amends some of the language tables for hazard statements included in Annex III to Regulation (EC) No 1272/2008 and some of the language tables for precautionary statements included in Annex IV to that Regulation. With the accession of Croatia to the European Union on 1 July 2013, it is necessary that all hazard and precautionary statements provided for by Regulation (EC) No 1272/2008 as amended by Commission Regulation (EU) No 487/2013 are available in the Croatian language as well. This Regulation introduces the necessary adjustments to the language tables.
(2) Part 3 of Annex VI to Regulation (EC) No 1272/2008 contains two lists of harmonised classification and labelling of hazardous substances. Table 3.1 lists the harmonised classification and labelling of hazardous substances based on the criteria set out in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008. Table 3.2 lists the harmonised classification and labelling of hazardous substances based on the criteria set out in Annex VI to Council Directive 67/548/EEC (4).
(3) Proposals for new or updated harmonised classification and labelling of certain substances have been submitted to the European Chemicals Agency (ECHA) pursuant to Article 37 of Regulation (EC) No 1272/2008. Based on the opinions on those proposals issued by the Committee for Risk Assessment of ECHA, as well as on the comments received from the parties concerned, it is appropriate to introduce, remove or update harmonised classification and labelling of certain substances by amending Annex VI to that Regulation.
(4) Compliance with the new harmonised classifications should not be required immediately, as a certain period of time will be necessary to allow suppliers to adapt the labelling and packaging of substances and mixtures to the new classifications and to sell existing stocks. In addition, a certain period of time will be necessary to allow suppliers to comply with the registration obligations resulting from the new harmonised classifications for substances classified as carcinogenic, mutagenic or toxic to reproduction, categories 1A and 1B (Table 3.1) and categories 1 and 2 (Table 3.2), or as very toxic to aquatic organisms which may cause long term effects in the aquatic environment, in particular with those set out in Article 23 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (5).
(5) In line with the transitional provisions of Regulation (EC) No 1272/2008 which allow the application of the new provisions at an earlier stage on a voluntary basis, suppliers should have the possibility of applying the new harmonised classifications and of adapting the labelling and packaging accordingly on a voluntary basis before the deadline for compliance.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,
Regulation (EC) No 1272/2008 is amended as follows:
(1) Annex III is amended in accordance with Annex I to this Regulation;
(2) Annex IV is amended in accordance with Annex II to this Regulation;
(3) Annex VI is amended in accordance with Annex III to this Regulation.
1.   By way of derogation from Article 3(2), substances and mixtures may, before 1 December 2014 and 1 June 2015 respectively, be classified, labelled and packaged in accordance with this Regulation.
2.   By way of derogation from Article 3(2), substances classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 and placed on the market before 1 December 2014, shall not be required to be relabelled and repackaged in accordance with this Regulation until 1 December 2016.
3.   By way of derogation from Article 3(2), mixtures classified, labelled and packaged in accordance with Directive 1999/45/EC of the European Parliament and of the Council (6) or Regulation (EC) No 1272/2008 and placed on the market before 1 June 2015, shall not be required to be relabelled and repackaged in accordance with this Regulation until 1 June 2017.
4.   By way of derogation from Article 3(3), the harmonised classifications set out in Annex III to this Regulation may be applied before the date referred to in Article 3(3).
1.   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2.   Article 1(1) and (2) shall apply in respect of substances from 1 December 2014 and in respect of mixtures from 1 June 2015.
3.   Article 1(3) shall apply from 1 April 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.