Dangerous preparations: classification, packaging and labelling
1996/0200(COD)
PURPOSE : to improve the harmonised measures on the classification, packaging and labelling of dangerous preparations for the internal market; to support and improve the high level of protection of health, safety and the environment.
COMMUNITY MEASURE : Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classifications, packaging and labelling of dangerous preparations.
CONTENT : this Directive consists of a recasting of Directive 88/379/EEC in view of providing a coherent approach in all sectors, to rationalise and update existing Community law, to simplify the procedures of adaptation to technical progress and to resolve questions relating to the new Member States.
For the purposes of this Directive, dangerous preparations are a mixture of different chemical substances which contain at least one dangerous substance and are considered dangerous (that is containing substance concentrations such as those which are very toxic, toxic, carcinogenic, mutagenic, toxic for reproduction, corrosive, harmful, irritant, sensitising or dangerous for the environment).
The Directive:
- broadens the field of application of the existing directive in order to cover phytopharmaceuticals (pesticides) which are at present subject to a separate law;
- broadens the field of application in order to include measures relating to classification and environmental labelling;
- extend certain requirements to preparations containing levels of dangerous substances lower than those which normally fall within the classification of dangerous;
- solve the question of the three new Member States (Austria, Finland and Sweden) with whom the respective membership Treaties had agreed transitory regimes which expired at the end of 1998.
The new Directive lays down the rules and principles for: the determination of dangerous properties of preparations, based on their physico-chemical properties, their properties that affect health and their environmental properties; classification and labelling; the evaluation of the dangers to health and the environment; the obligations and duties of the Member States; the conditions of packaging and labelling (danger symbols, risk phrases, indications of danger and safety advice, etc); the exemptions from the packaging and labelling requirements; distance selling; safety data sheet (principally intended for use by professional users to enable them to take the necessary measures as regards the protection of health, safety and the environment at the place of work) and the confidentiality of chemical names.
There is also a safeguard clause provided for in the Directive which authorises a Member State to provisionally prohibit the placing on the market of a preparation, on the basis of a detailed reason for its decision.
ENTRY INTO FORCE : 30/07/1999.
DEADLINE SET FOR THE TRANSPOSITION : 30/07/2002.�