THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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, and in particular Article 53 thereof,
Whereas:
(1)
Regulation (EC) No 1272/2008 harmonises the provisions and criteria for the classification and labelling of substances, mixtures and certain specific articles within the Union.
(2)
That Regulation takes into account the Globally Harmonised System of Classification and Labelling of Chemicals (hereinafter ‘GHS’) of the United Nations (UN).
(3)
The classification criteria and labelling rules of the GHS are periodically reviewed at UN level. The fourth revised edition of the GHS results from changes adopted in December 2010 by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals. It contains amendments concerning, inter alia, new hazard categories for chemically unstable gases and non-flammable aerosols and further rationalisation of precautionary statements. It is therefore necessary to adapt the technical provisions and criteria in the Annexes to Regulation (EC) No 1272/2008 to the fourth revised edition of the GHS.
(4)
The GHS allows authorities to adopt labelling derogations for substances or mixtures classified as corrosive to metals but not corrosive to skin and/or eyes. It also allows the possibility to omit certain label elements from the packaging where the volume of the substance or mixture is below a certain amount. Provisions should be included to implement those measures at the Union level.
(5)
The terminology of different provisions in the Annexes and certain technical criteria should also be amended to facilitate implementation by operators and enforcement authorities, to improve consistency of the legal text and to enhance clarity.
(6)
To ensure that suppliers of substances can adapt to the new classification, labelling and packaging provisions introduced by this Regulation, a transitional period should be provided and the application of this Regulation should be deferred. This should allow for the possibility to apply the provisions laid down in this Regulation on a voluntary basis before the transitional period is over.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council,
HAS ADOPTED THIS REGULATION: