PURPOSE: to establish a new system on classification and labelling of hazardous substances and mixtures by implementing in the EU the international criteria agreed by the United Nations.
LEGISLATIVE ACT: Regulation (EC) No 1272/2008 of the European Parliament and of the Council 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.
CONTENT: by adopting this Regulation, the EU confirms its intention to contribute to the general harmonisation of the criteria for the classification and labelling of chemicals at international level by incorporating into Community law the international criteria agreed by the United Nation Economic and Social Council (UN ECOSOC) for the classification and labelling of hazardous substances and mixtures, called the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).
The objective of the Regulation is to determine which properties of substances and mixtures should lead to classification in order that the hazards of certain substances and mixtures can be correctly identified and communicated. To ensure that customers receive information on hazards to human health and the environment, suppliers of substances and mixtures will have to ensure that they are labelled and packaged in accordance with the Regulation before placing them on the market, depending on how they have been classified.
The provisions of the Regulation will, as a general principle, apply to all substances and mixtures supplied in the EU, except where other Community legislation lays down more specific rules on classification and labelling.
Trade in substances and mixtures is an issue relating not only to the internal market, but also to the global market. Harmonised criteria for classification and labelling have been developed over a period of 12 years within the United Nations (UN) structure with a view to facilitating worldwide trade.
The label shall be written in the official language(s) of the Member State(s) where the substance or mixture is placed on the market, unless the Member State(s) concerned provide(s) otherwise.
In addition, the product identifier for a mixture shall consist of both of the following: (a) the trade name or the designation of the mixture; (b) the identity of all substances in the mixture that contribute to the classification of the mixture as regards acute toxicity, skin corrosion or serious eye damage, germ cell mutagenicity, carcinogenicity, reproductive toxicity, respiratory or skin sensitisation, specific target organ toxicity (STOT) or aspiration hazard.
The classification and labelling of most of the chemical products must be completed by 1 December 2010 for substances and 1 June 2015 for mixtures. The current Directive shall be repealed with effect from 1 June 2015. Throughout a transitory period, the two systems shall be applied.
This new Regulation replaces Directives 67/548/EEC and 1999/45/EC and supplements Regulation (EC) No 1907/2006 concerning the Registration, Evaluation and Authorisation of Chemicals (the REACH Regulation). At the same time, the Council also adopted:
ENTRY INTO FORCE: 20/01/2009.
APPLICATION: Titles II, III and IV shall apply in respect of substances from 01/12/2010 and in respect of mixtures from 1/06/2015.