Decree No. 232 / 2004 Coll.
Decree implementing certain provisions of the Law on Chemicals and Chemicals and amending certain laws concerning the classification, packaging and labelling of dangerous chemicals and chemical products
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232
DECLARATION
of 20 April 2004
implementing certain provisions of the Act on Chemicals and Chemicals and amending certain acts concerning the classification, packaging and labelling of dangerous chemicals and chemical products
According to Articles 3 (7), 19 (3) and 20 (7) of Act No 356 / 2003 Coll., on Chemicals and Chemical Products and on the amendment of certain laws, hereinafter referred to as "the Act ', the Ministry of Industry and Trade provides:
Subject matter
This decree regulates in accordance with the law of the European Community1)
(a) the list of substances which are legally classified as hazardous (hereinafter referred to as the list) and the method of its use;
(b) general procedures for the evaluation and labelling of hazardous properties of chemicals (hereinafter referred to as "substance") and chemical preparations (hereinafter referred to as "preparation");
(c) conventional calculation methods for the assessment of dangerous properties of preparations based on physicochemical, health and environmental properties;
(d) other elements of packaging of dangerous preparations intended for sale to the consumer;
(e) particulars of the labelling of dangerous substances, dangerous preparations and preparations which may pose a specific risk to health or the environment;
(f) warning symbols and letters of dangerous properties of physicochemical and health or environmental hazards;
(g) standard risk phrases (R-phrases);
(h) the standard precautionary statements (World theorem).
Determination of the List and its use, general procedures and conventional calculation methods
(1) The list and the method of its use are set out in Annex 1.
(2) The general procedures for the evaluation and labelling of dangerous properties of substances and preparations are set out in Annex 2.
(3) Conventional calculation methods for assessing the hazardous properties of preparations based on the properties of physico-chemical, health and environmental hazards are set out in Annex 3.
Other requirements for packaging of dangerous substances and dangerous preparations intended for sale to the consumer
(1) In addition to the requirements laid down in the Act, packaging of dangerous substances and dangerous preparations intended for sale to the consumer must meet the following requirements:
(a) a packaging containing a dangerous substance or a dangerous preparation presenting a risk of lung damage (Xn, R 65), classified and labelled in accordance with Annex 2 to this Regulation, paragraph 3.2.3, shall have a child-resistant closure, except for substances or preparations placed on the market in aerosol dispenser (2) or in a package equipped with an undismantled spray device;
(b) packaging containing a dangerous product containing at least one of the substances:
1. methanol (CAS No 67-56-1, EC No 200- 659- 6) in a concentration equal to or greater than 3%,
2. dichloromethane (CAS No 75- 09-2, EC No 200- 838- 9) in a concentration equal to or greater than 1%;
shall have a child-resistant closure.
(2) Child-resistant closures shall be deemed to comply with § 19 (2) (a) of the Act if they meet the requirements of the relevant technical norm.3)
(3) Tangible warnings for the blind are considered to be equivalent in accordance with § 19 (2) (a) and (b) of the Act if they meet the requirements of the relevant technical standard.4)
Requirements for the labelling of dangerous substances and dangerous preparations
Names of dangerous substances in dangerous preparations
(1) The chemical name of the dangerous substance or substances present in the dangerous preparation shall be indicated in accordance with the following rules:
(a) for a product classified as highly toxic, toxic and harmful, the names of substances of very toxic, toxic and harmful health present at concentrations equal to or greater than the lowest limit (Xn limit) indicated for each of them in the List or, if no limits are indicated in the List, the limits set out in Annex 3, Part 2, Section B, Table I, II or III shall apply;
(b) for a product classified as corrosive, the names of the corrosive substances present at concentrations equal to or greater than the lowest limit (Xi limit) indicated for each of them in the List or, in the absence of limits in the List, the limits set out in Annex 3, Part B, Table IV shall apply;
(c) the name of the dangerous substances which justify the classification of the product in one or more of the following groups and categories of hazard shall be indicated on the label of the dangerous product:
1. carcinogenic category 1, 2 or 3,
2. mutagenic category 1, 2 or 3,
3. toxic for reproduction category 1, 2 or 3,
4. Highly toxic, toxic or harmful to non-lethal effects following single exposure,
5. toxic or harmful to health due to serious effects after repeated or long-term exposure,
6. sensitising,
(d) the name of the dangerous substance for which the product is classified as explosive, oxidising, extremely flammable, highly flammable, flammable, irritating or hazardous to the environment shall be indicated only if it is necessary to indicate that name for the reasons set out in (a), (b) or (c);
(e) it is sufficient, as a general rule, to identify dangerous substances which present the main risks to health to indicate the names of a maximum of four of them.
(2) In the labelling of dangerous preparations containing substances exclusively classified as:
(a) irritant, except for substances to which sentence R 41 is assigned in accordance with Annex 5, or irritant in conjunction with one or more of the following characteristics:
1. explosive,
2. Oxidising,
3. extremely flammable,
4. highly flammable,
5. flammable,
6. hazardous to the environment,
or
(b) harmful or harmful health in conjunction with one or more of the following characteristics:
1. explosive,
2. Oxidising,
3. extremely flammable,
4. highly flammable,
5. flammable
6. irritating,
7. hazardous to the environment having acute lethal effects,
the names identifying the most important chemical functional groups or their alternative names may be used in accordance with Section 20 (8) of the Act. 5)
Select the warning symbol
(1) The warning symbols and letters of dangerous properties are given in Annex 4.
(2) The warning symbol includes a graphic symbol in the form of a pictogram and a verbal expression of danger.
(3) In order to express the dangerous properties of substances and preparations, letter markings of dangerous properties may also be used.
(4) Warning symbols and letters of dangerous properties are not provided for in Section 2 (5) (e), (k), (l), (m) or (n) of the Act.
(5) Hazardous substances listed in the List shall be assigned the warning symbols specified therein.
(6) Warning symbols shall be assigned to dangerous substances not listed in the List and to dangerous preparations according to the criteria set out in Annexes 2 and 3.
(7) Where multiple warning symbols are assigned to a dangerous substance or a dangerous preparation and unless otherwise specified in the List, it shall apply that:
(a) when assigning a warning symbol for "T" or "T +" at the same time as the warning symbols for "Xn," "Xi" or "C" symbols need not be used for "Xn," "Xi" and "C";
(b) warning symbols for "C" simultaneously with "Xn" or "Xi" warning symbols need not be used,
(c) when assigning the warning symbol for "E" simultaneously with the warning symbols for "F +," "F" or "O" the warning symbols for "F +," "F" and "O" need not be used,
(d) when assigning an "Xn" warning symbol at the same time as the "Xi" warning symbol, the "Xi" warning symbol need not be used.
(8) Each graphic symbol shall cover at least one tenth of the area of the marking, but not less than 1 cm2 of that area. The graphic symbol is made in black on yellow and orange background.
Choice of R-phrases
(1) The list of R- phrases is set out in Annex 5.
(2) The R-phrases shall be given in accordance with Annex 5.
(3) The R-phrases listed therein are assigned to the hazardous substances listed in the List.
(4) The R-phrases shall be assigned to dangerous substances not listed in the List and to dangerous preparations according to the criteria set out in Annexes 2 and 3. Where a dangerous substance not listed in the List or a dangerous product has more dangerous properties, the R-phrases corresponding to all these properties shall be assigned.
(5) As a rule, six R phrases are sufficient to describe risks. Where the product is classified in more than one hazard group, the R-phrases on the label shall cover all major risks related to the product.
(6) For substances dangerous to health not listed in the List, the labelling shall indicate:
(a) R-phrases corresponding to the hazard group for which the warning symbol is provided;
(b) R- phrases corresponding to other hazard groups for which no warning symbol is provided pursuant to Article 5 (4).
(7) For hazardous substances not listed in the List whose hazards result from their physicochemical properties, the labelling shall indicate the R-phrases corresponding to the hazard group for which the warning symbol is provided.
(8) For substances not listed in the List, the R-phrase (R-phrases) corresponding to the classification "hazardous to the environment 'shall be indicated in the labelling.
(9) For products which are dangerous to health, the labelling shall specify:
(a) R-phrases corresponding to the hazard group for which the warning symbol is provided. The R-phrases assigned to the component (s) of the preparation which cause the product to be classified in the hazard group concerned shall be provided according to the tables contained in Annex 3, Part Two, Section B,
(b) R- phrases corresponding to other hazard groups of components for which no warning symbol is provided pursuant to Article 5 (4).
(10) For products whose hazards result from physicochemical properties, the labelling shall indicate the R-phrases according to the criteria set out in paragraph 9. This does not apply to the R-phrases "extremely flammable" or "highly flammable" which need not be mentioned if the wording from the verbal expression of danger given in the warning symbol is repeated.
(11) For products which are hazardous to the environment, the labelling must indicate:
(a) R- sentence (s) corresponding to the classification "hazardous to the environment,"
(b) the sentence R 50 / 53 where, in addition to the sentence R 51 / 53 or R 52 / 53 or R 53, the sentence R 50 has been assigned.
Sv Choice
(1) The list of Swords is set out in Annex 6.
(2) The S-phrases shall be indicated on the label in accordance with Annex 6.
(3) The S-phrases listed therein are assigned to the hazardous substances listed in the List. If no S-phrases are listed for substances in the List, the manufacturer or importer may attach any appropriate S-phrases (S-phrases).
(4) The S-phrases are assigned to dangerous substances not listed in the List and to dangerous preparations according to the criteria set out in Annex 2 and their final selection shall be made according to the following criteria:
(a) if the S-phrases are related to disposal, one S-sentence shall be indicated if the removal of material and packaging presents a risk to health or the environment;
(b) The phrases corresponding to the R-phrases shall be indicated on the label only if the purpose of the marking is to highlight a specific warning;
(c) Swords are chosen taking into account the intended conditions of use of dangerous substances and dangerous preparations (e.g. spraying or aerosol dispensers);
(d) the sentences S 1, S 2 and S 45 shall appear on the labelling of all highly toxic, toxic and corrosive substances and preparations sold to consumers;
(e) the sentences S 2 and S 46 shall be indicated in the labelling of other dangerous substances and dangerous preparations sold to consumers, with the exception of substances and preparations classified only as hazardous to the environment.
Where the choice of S-phrases made precisely in accordance with the criteria set out in point 6.2 of Annex No 2 results in overcapacity or ambiguity, or if S-phrases are clearly not necessary with regard to a specific product or packaging, some S-phrases may be deleted.
Labelling of certain groups of dangerous substances and dangerous preparations
(1) In addition to the data contained in the Act, dangerous preparations:
(a) intended for sale to the consumer;
(b) intended for use by spraying or spraying;
(c) containing a substance with an assigned phrase R 33,
(d) containing a substance associated with the sentence R 64,
indicate in accordance with Annex 7.
(2) Products containing asbestos shall be labelled in accordance with Annex 8, in addition to the information contained in the Act.
(3) For the labelling of dangerous substances and preparations in packages not exceeding 125 ml:
(a) for substances classified as highly flammable, flammable, oxidising or irritating, it is not necessary to indicate the R-phrases and the S-phrases. This also applies to the labelling of substances classified as "harmful health 'if they are not intended for sale to the consumer,
(b) for products classified as highly flammable, oxidising, irritating, with the exception of products with an assigned sentence R 41 or hazardous to the environment with an assigned warning symbol for "N," it is not necessary to indicate in the labelling R-phrases and S-phrases,
(c) in the case of products classified as flammable or hazardous to the environment and not having an "N" warning symbol assigned, the labelling shall indicate the R-phrases but no S-phrases shall be required.
(4) Hazardous substances
(a) gases in general when transported in gas cylinders;
(b) propane, butane or liquefied petroleum gas (LPG) in gas containers;
(c) metals in solid form,
(d) substances classified as R 65;
shall be marked in accordance with Annex 9.
(5) Dangerous products
(a) gas preparations (gas mixtures) when transported in gas cylinders;
(b) preparations containing deorified propane, butane or liquefied petroleum gas (LPG) in gas containers;
(c) alloys, preparations containing polymers and preparations containing elastomers;
(d) preparations classified as R 65;
shall be marked in accordance with Annex 9.
Dimensions of the marking
(1) The dimensions of the label or packaging area of the dangerous substance or preparation intended for labelling are:
(a) at least 52 x 74 mm if the volume of packaging does not exceed 3 l,
(b) at least 74 x 105 mm if the packaging volume is more than 3 l and does not exceed 50 l,
(c) at least 105 x 148 mm if the packaging volume is more than 50 l and does not exceed 500 l,
(d) at least 148 x 210 mm if the packaging volume is more than 500 l.
Products which may present a specific health or environmental hazard
Products which may present a specific health or environmental hazard shall be labelled in addition to the particulars provided for in Section 20 (3) of the Act in the manner set out in Annex 10.
Repeal
Decree No. 26 / 1999 Coll., on the method of implementation and labelling of packaging of dangerous chemicals and preparations is hereby repealed.
Efficacy
This decree shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Minister:
Ing. Urban v. r.
Příloha č. 1
Annex No 1 to Decree No 232 / 2004 Coll.
List of mandatory hazardous chemicals (hereinafter referred to as "the List ') and its use
Content:
Table A: List of chemical elements sorted by atomic number (Z)
Table B: Special classes of organic substances
Explanatory notes to Table C
Table C: List of mandatory hazardous chemicals
TABLE A
List of chemical elements sorted by their atomic number (Z)
| atom. číslo Z | název prvku | atom. číslo Z | název prvku | atom. číslo Z | název prvku | atom. číslo Z | název prvku |
|---|---|---|---|---|---|---|---|
| 1 | Vodík | 27 | Kobalt | 53 | Jod | 79 | Zlato |
| 2 | Helium | 28 | Nikl | 54 | Xenon | 80 | Rtuť |
| 3 | Lithium | 29 | Měď | 55 | Cesium | 81 | Thallium |
| 4 | Beryllium | 30 | Zinek | 56 | Baryum | 82 | Olovo |
| 5 | Bor | 31 | Gallium | 57 | Lanthan | 83 | Bismut |
| 6 | Uhlík | 32 | Germanium | 58 | Cer | 84 | Polonium |
| 7 | Dusík | 33 | Arsen | 59 | Praseodym | 85 | Astat |
| 8 | Kyslík | 34 | Selen | 60 | Neodym | 86 | Radon |
| 9 | Fluor | 35 | Brom | 61 | Promethium | 87 | Francium |
| 10 | Neon | 36 | Krypton | 62 | Samarium | 88 | Radium |
| 11 | Sodík | 37 | Rubidium | 63 | Europium | 89 | Aktinium |
| 12 | Hořčík | 38 | Stroncium | 64 | Gadolinium | 90 | Thorium |
| 13 | Hliník | 39 | Yttrium | 65 | Terbium | 91 | Protaktinium |
| 14 | Křemík | 40 | Zirkonium | 66 | Dysprosium | 92 | Uran |
| 15 | Fosfor | 41 | Niob | 67 | Holmium | 93 | Neptunium |
| 16 | Síra | 42 | Molybden | 68 | Erbium | 94 | Plutonium |
| 17 | Chlor | 43 | Technecium | 69 | Thulium | 95 | Americium |
| 18 | Argon | 44 | Ruthenium | 70 | Ytterbium | 96 | Curium |
| 19 | Draslík | 45 | Rhodium | 71 | Lutecium | 97 | Berkelium |
| 20 | Vápník | 46 | Palladium | 72 | Hafnium | 98 | Kalifornium |
| 21 | Skandium | 47 | Stříbro | 73 | Tantal | 99 | Einsteinium |
| 22 | Titan | 48 | Kadmium | 74 | Wolfram | 100 | Fermium |
| 23 | Vanad | 49 | Indium | 75 | Rhenium | 101 | Mendelevium |
| 24 | Chrom | 50 | Cín | 76 | Osmium | 102 | Nobelium |
| 25 | Mangan | 51 | Antimon | 77 | Iridium | 103 | Lawrencium |
| 26 | Železo | 52 | Tellur | 78 | Platina |
TABLE B
Special classes of organic substances
601 hydrocarbons
602 halogenated hydrocarbons
603 alcohols and their derivatives
604 Phenols and their derivatives
605 aldehydes and their derivatives
606 ketones and their derivatives
607 organic acids and their derivatives
608 nitrils
609 nitrocompounds
610 chlorinated nitrocompounds
611 azoxycompounds and azocompounds
612 amino compounds
613 heterocyclic bases and their derivatives
614 glycosides and alkaloids
615 cyanates and isocyanates
616 amides and their derivatives
617 organic peroxides
647 enzymes
648 tar-chemical products
649 petroleum products
650 different substances
Explanatory notes to Table C
Table C contains a list of mandatory classification of hazardous substances for which harmonised classification and labelling have been agreed. Table C is divided into four basic parts:
1. Identification of dangerous substance
2. Information for labelling
3. Product Classification Information
4. Note
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Regulation Information
| Citation | Decree No. 232 / 2004 Coll., implementing certain provisions of the Act on Chemicals and Chemical Products and amending certain laws concerning the classification, packaging and labelling of dangerous chemicals and chemical products |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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