Amendments to Directive 94/33/EC
Article 3
The annex to Directive 94/33/EC is amended as follows:
1. Section I is amended as follows:
  1. in point 2 point (a) is replaced by the following:
    1. 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 Council .
  2. point 3 is amended as follows:
    1. point (a) is replaced by the following:
      1. Substances and mixtures which meet the criteria for classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council 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. point (b) is deleted;
    3. point (c) is deleted;
    4. point (d) is replaced by the following:
      1. 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 Council ;
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.
Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 262, 17.10.2000, p. 21).’
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 (OJ L 353, 31.12.2008, p. 1).’;
Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).’