PURPOSE: to align certain provisions of Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and 2004/37/EC with Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures (CLP Regulation.)
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the CLP Regulation entered into force in 2009 in order for the EU to implement the United Nations Globally Harmonised System of Classification and Labelling of Chemicals (GHS). The aim is to protect workers, consumers and the environment by means of labelling and indicating any potential hazardous effects of chemicals. The CLP Regulation is expected to facilitate global trade and harmonised communication of information on hazards posed by chemicals and to promote regulatory efficiency. It will complement the REACH Regulation.
Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC6 and 2004/37/EC contain references to EU chemical classification and labelling legislation. If these Directives are to remain effective, they need to be aligned to the CLP Regulation.
IMPACT ASSESSMENT: since the proposed amendments to the five Directives maintain the current level of worker protection without additional requirements of significant impact, a formal impact assessment was not carried out. A full impact assessment for the CLP Regulation was presented during 2007.
LEGAL BASIS: Article 153(2) of the Treaty on the Functioning of the European Union.
CONTENT: the aim of the Directive is to update references and terminology of the five above-mentioned Directives in order to bring them into line with the applicable EU chemical classification and labelling legislation. In doing so, no changes to the scope or level of protection provided by these Directives are required.
Regarding the non-exhaustive list of agents mentioned in the Annex, Part I, Section 3 of Directive 94/33/EC, an exact correlation between the pre-existing and new chemical classification systems cannot be achieved. The proposal therefore presents an alignment that may result in a limited number of additional substances coming within the scope of the Annex.
BUDGETARY IMPLICATIONS: there are no implications for the EU budget.