Decree No. 389 / 2008 Coll.
Decree amending Decree No. 232 / 2004 Coll., implementing certain provisions of the Act on Chemicals and Chemicals and amending certain laws concerning the classification, packaging and labelling of dangerous chemicals and chemical products, as amended
Valid
Order
Effective from 01.11.2008
Text versions:
01.11.2008
27.10.2008
389
DECLARATION
of 14 October 2008
amending Decree No. 232 / 2004 Coll., implementing certain provisions of the Act on Chemicals and Chemicals and amending certain laws concerning the classification, packaging and labelling of dangerous chemicals and chemical products, as amended
The Ministry of Industry and Trade provides pursuant to § 3 (7), § 19 (5) and § 20 (7) of Act No. 356 / 2003 Coll., on Chemicals and Chemical Products and amending certain laws, as amended by Act No. 371 / 2008 Coll.:
Decree No. 232 / 2004 Coll., implementing certain provisions of the Act on Chemicals and Chemicals and amending certain laws concerning the classification, packaging and labelling of dangerous chemicals and chemical products, as amended by Decree No. 369 / 2005 Coll. and Decree No. 28 / 2007 Coll., is amended as follows:
1. footnote 1 is added to the sentence "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 on the Registration, Evaluation, Authorisation and Restriction of Chemicals and establishing a European Chemicals Agency. Text with EEA relevance. '
2. In Section 3, the words "hazardous substances and 'are inserted after the words" packaging'.
3. In Article 3 (1), the words "dangerous substances" shall be inserted after the words "packaging."
4. in Article 3 (1) (a):
"(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 Decree, paragraph 3.2.3, shall have a child-resistant seal, with the exception of substances or preparations placed on the market in aerosol dispensers (2) or in a package equipped with an inseparably attached spray device;"
5. in Annex No 2, point 1.6.1 (a), including footnote 1:
"(a) For substances for which the information specified in Annexes VI, VII and VIII to the directly applicable Regulation of the European Communities governing the registration, evaluation, authorisation and restriction of chemical substances is required (1), most of the data required for classification and labelling are included in the basic data set. Such classification and labelling shall be reviewed where necessary, where additional data are available in accordance with Annexes IX and X to the directly applicable Regulation of the European Communities on the Registration, Evaluation, Authorisation and Restriction of Chemicals (1),
1) Regulation (EC) No 1907 / 2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency, amending Directive 1999 / 45 / EC and repealing Council Regulation (EEC) No 793 / 93, Commission Regulation (EC) No 1488 / 94, Council Directive 76 / 769 / EEC and Commission Directives 91 / 155 / EEC, 93 / 67 / EEC, 93 / 105 / EC and 2000 / 21 / EC. Text with EEA relevance. '
6. in Annex 2, paragraph 1.6.2 (a), the words "Specific legislation1), (2)" shall be replaced by the words "directly applicable European Communities2)."
footnote 2:
"(2) Commission Regulation (EC) No 440 / 2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907 / 2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals."
7. In Annex No 2, point 1.6.2 (b), the words "special legislation (4) 'are replaced by the words" directly applicable regulation of the European Communities (2)'.
footnote 4 is deleted, including the footnote references.
8. in Annex 2, paragraph 1.6.2 (c) and paragraph 3.2.3 (a), the words "special legislation (1)" are replaced by the words "directly applicable regulation of the European Communities (2)."
9. In Annex No 2, point 1.7.1, the words "Special Legislation (1), (2), (4) 'are replaced by the words" Directly Applicable Regulation (2)' and the words "These Specific Legislation (1), (2), (4) 'are replaced by the words" Directly Applicable Regulation (2)'.
10. In Annex No 2, point 1.7.2, the words "Specific legislation (1), (2), (4) 'are replaced by the words" directly applicable regulation of the European Communities (2)'.
11. in Annex 2, point 2.1, the words "Specific legislation1), 2)" are replaced by the words "directly applicable regulation of the European Community2)."
12. In Annex No 2, paragraph 2.2.1, the words "in special legislation (1) 'are replaced by the words" in a directly applicable regulation of the European Communities (2)'.
13. in Annex 2, points 2.2.2, 2.2.3, 2.2.4, 2.2.5, the words "in special legislation2)" are replaced by the words "in the directly applicable Regulation of the European Communities (2)."
14. in Annex No 2, paragraph 2.2.2.1, the words "in special legislation (1)" and the words "in special legislation (2)" shall be replaced by the words "in the directly applicable regulation of the European Communities (2)."
15. in Annex No 2, points 3.1.1, 3.1.5.1, 3.1.5.2, 3.2.1, 3.2.2, 3.2.3, 3.2.5, 3.2.6.1, 3.2.6.2, 3.2.7.2, 4.2.3.3, the words "special legislation4)" are replaced by the words "directly applicable regulation of the European Community2)."
16. In Annex No 2, point 3.1.5.1, the words "in special legislation (4) 'are replaced by the words" in a directly applicable regulation of the European Communities (2)'.
17. in Annex 2, paragraph 3.2.6.1 (b), the words "under special legislation (4)" are replaced by the words "directly applicable regulation of the European Communities (2)."
18. In Annex No 2, point 5.1, the third to fifth sentences are replaced by the following: "The criteria for classification on the basis of environmental effects are derived from the test methods laid down directly by the European Communities2, where they are indicated. The test methods required for the" basic set 'of the data referred to in Annexes VII and VIII to the directly applicable European Communities Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (1) are limited and the information derived therefrom may be insufficient for proper classification. The classification may require additional data resulting from Annex IX or X to the directly applicable European Communities Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (1) or other equivalent studies. In addition, classification may be subject to examination on the basis of further new data.'
19. In Annex No 2, paragraph 5.1.3, the words "this Annex 'are replaced by the words" a direct regulation of the European Communities (2)'.
20. In Annex No 2, point 5.2.1.2, the text "Additional scientific evidence shall be based on the studies required for testing for the purposes of the application for registration under Article 12 of the Law, or on equivalent studies, which should include" shall be replaced by "Such further scientific evidence shall be provided on the basis of studies required under Annex IX of the directly applicable European Communities Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (1) or on the basis of equivalent studies and shall normally include: '.
21. In Annex 2, paragraph 5.2.1.2, the text "These additional scientific evidence shall normally be based on the tests required under Section 12 of the Act, or equivalent value tests, and may include" shall be replaced by "such further scientific evidence shall be provided on the basis of the studies required under Annex IX, the directly applicable regulation of the European Communities governing the registration, evaluation, authorisation and restriction of chemical substances (1) or on the basis of equivalent studies and shall generally include:"
22. in Annex 2, paragraph 7.1.1.1, the words "special legislation (2)" are replaced by the words "directly applicable regulation of the European Communities (2)."
Efficacy
This decree shall take effect on the first day of the calendar month following its publication.
Minister:
Ing. Roman v. r.
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Regulation Information
| Citation | Decree No. 389 / 2008 Coll., amending 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, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.10.2008 |
|---|---|
| Effective from | 01.11.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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