The Chemicals (Hazard Information And Packaging For Supply) Regulations 2009
Directive 2006/121/EC of the European Parliament And Of The Council Of 18 December 2006 Amending Council Directive 67/548/EEC On The Approximation Of Laws, Regulations And Administrative Provisions Relating To The Classification, Packaging And Labelling Of Dangerous Substances In Order To Adapt It To Regulation (EC) No 1907/2006 Concerning The Registration, Evaluation, Authorisation And Restriction Of Chemicals (REACH) And Establishing A European Chemicals Agency
Regulation: 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 (1)
The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 implement the remaining parts of Council Directive 2006/121/EC and Article 43 of Regulation (EC) No 1272/2008.
Council Directive 2006/121/EC was published on 30 December 2006. Member States had to implement its provisions by 1 June 2008. The Directive sets out the necessary amendments needed to the Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (99/45/EC), as a result of the entry into force of the European REACH Regulation (EC) No 1907/2006..
The changes required by the Directive cover two areas:
- Aspects concerning the revocation of the 'notification of new substances' (NONS) scheme and the provision of safety data sheets. These have been given effect as part of the UK arrangements for enforcing REACH, through the REACH Enforcement Regulations 2008 (SI 2008 No. 2852), which entered into force on 1st December 2008.
- Aspects concerning the classification and labelling of substances – they adjust the references to the test methods following repeal of Annex V of Directive 1967/548/EEC (the 'Dangerous Substances Directive'), and their reinstatement through a new Commission Regulation. These amendments will be made as part of the changes in the UK through the enforcing Regulations for the European Classification, Labelling and Packaging Regulation (the 'CLP Regulation'), which will be implemented through a package of amendments in the CHIP 4 regulations coming into force on 6th April 2009.
The remaining parts of Directive 2006/121 are editorial in nature and alter references to the library of test methods following their transfer from Annex V of the Dangerous Substances Directive (now deleted) to a new European Commission Regulation (No. 440/2008) made under Article 13(3) of the REACH Regulation. The test methods themselves are unchanged. In the CHIP regulations, the test methods are referenced in the HSE's Approved Classification and Labelling Guide (ACLG), which implements in GB Annex VI of the Dangerous Substances Directive. The appropriate changes will appear in the new issue of the ACLG to which CHIP 4 will give legal effect.
|Article||Main elements of the Directive:||Transposed by:|
|2.2||Defines what substances and preparations are 'dangerous' within the meaning of the Directive||Reg 2, by reference to Schedule 1|
|4||Identifies the basis for general principles of classification||Reg 4(2) – (4)|
|6||Places an obligation on suppliers of dangerous substances to carry out investigations||Reg 4(5)|
|22||Sets out packaging requirements||Reg 6 and 11|
|23||Sets out labelling requirements||Regs 7 and 8, Schedule 4, Table 3.2 of Part 3 of Annex VI to the CLP Regulation (EC Regulation No 1272/2008), Approved Classification and Labelling Guide|
|24||Specifies details of the means of implementing the labelling requirements||Regs 7, 8 and 10|
|25||Provides exemptions from labelling and packaging requirements for: munitions and explosives||Reg 3(5)|
|Article||Main elements of the Directive:||Transposed by:|
|2.2||Defines what substances and preparations are 'dangerous' within the meaning of this Directive||Reg 2, by reference to Schedule 1|
|4||Identifies the basis for the general principles of classification and labelling||Reg 4(7)|
|5||Specifies the method of evaluating hazards deriving from physico-chemical properties||Reg 4(7), by reference to Schedule 3 and the Approved Classification and Labelling Guide|
|6||Specifies the method for evaluating health hazards||Reg4(7), by reference to Schedule 3|
|7||Specifies the method for evaluating environmental hazards||Reg 4(7), by reference to Schedule 3|
|8||Places obligations on Member States to ensure compliance||Regs 12 and 14|
|9||Sets out packaging requirements||Regs 6 and 11|
|10||Sets out labelling requirements for preparations||Regs 7, 8 and 9, Schedule 4 and the Approved Classification and Labelling Guide|
|11||Specifies details of the means of implementing the labelling requirements||Regs 7 and 10 and the Approved Classification and Labelling Guide|
|12||Provides exemptions from the labelling and packaging requirements for:||Reg 3(5)|
|Approved Classification and Labelling Guide|
|Reg 8(8) – (9) and 10(7)|
|15||Provides fro safeguarding of the confidentiality of certain chemical names||Reg 7, by reference to Schedule 4 Part 1 paragraph 3|
|Art 1 (3); Art 1 (11)|| Member States to delete existing references to test methods in Annex V of Directive 67/548/EEC, and replace with references to the new European Commission Regulation No. 440/2008
||In paragraph 2(b) of the Explanatory Note to the Regulations.HSE Approved Classification and Labelling Guide (applicable in Great Britain)||The Secretary of State, through amendments to consolidating Regulations.|
|Member States to bring into force the laws, regulations and administrative provisions necessary to comply with the amending Directive by 1 June 2008.||In paragraph 2(b) of the Explanatory Note to the Regulations.|
|Member States to communicate to the European Commission the text of the main provisions of national law which they adopt||The Health and Safety Executive via UKREP|
|Date of entry into force of the amending Directive||No action required.|