Article 3Amendments to Directive 94/33/EC

The annex to Directive 94/33/EC is amended as follows:

  1. (1)

    Section I is amended as follows:

    1. (a)

      in point 2 point (a) is replaced by the following:

      1. ‘(a)
        Biological agents of risk groups 3 and 4 within the meaning of points 3 and 4 of second paragraph of Article 2 of Directive 2000/54/EC of the European Parliament and of the Council17.’
    2. (b)

      point 3 is amended as follows:

      1. (i)

        point (a) is replaced by the following:

        1. ‘(a)
          Substances and mixtures which meet the criteria for classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council18 in one or more of the following hazard classes and hazard categories with one or more of the following hazard statements:
          • acute toxicity, category 1, 2 or 3 (H300, H310, H330, H301, H311, H331);

          • skin corrosion, category 1A, 1B or 1C (H314);

          • flammable gas, category 1 or 2 (H220, H221);

          • flammable aerosols, category 1 (H222);

          • flammable liquid, category 1 or 2 (H224, H225);

          • explosives, categories ‘Unstable explosive’, or explosives of Divisions 1.1, 1.2, 1.3, 1.4, 1.5 (H200, H201, H202, H203, H204, H205);

          • self-reactive substances and mixtures, type A, B, C or D (H240, H241, H242);

          • organic peroxides, type A or B (H240, H241);

          • specific target organ toxicity after single exposure, category 1 or 2 (H370, H371);

          • specific target organ toxicity after repeated exposure, category 1 or 2 (H372, H373);

          • respiratory sensitisation, category 1, subcategory 1A or 1B (H334);

          • skin sensitisation, category 1, subcategory 1A or 1B (H317);

          • carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351);

          • germ cell mutagenicity, category 1A, 1B or 2 (H340, H341);

          • reproductive toxicity, category 1A or 1B (H360, H360F, H360FD, H360Fd, H360D, H360Df).’;

      2. (ii)

        point (b) is deleted;

      3. (iii)

        point (c) is deleted;

      4. (iv)

        point (d) is replaced by the following:

        1. ‘(d)
          Substances and mixtures referred to in point (ii) of point (a) of Article 2 of Directive 2004/37/EC of the European Parliament and of the Council19;’
  2. (2)

    In Section II, point 1 is replaced by the following:

    ‘1.

    Processes at work referred to in Annex I to Directive 2004/37/EC.’