Annex

Directive 1999/45/EC is amended as follows:

1. 1..

   Annex II is amended as follows:

   1. (a)

      table VI is replaced by the following table:

      ‘

      Table VI

      In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.
      Classification of the substance	Classification of the preparation
      	Categories 1 and 2	Category 3
      Carcinogenic substances of category 1 or 2 with R45 or R49	Concentration ≥ 0,1 % carcinogenic R45, R49 obligatory as appropriate
      Carcinogenic substances of category 3 with R40		Concentration ≥ 1 % carcinogenic R40 obligatory (unless already assigned R45 f1)
      Mutagenic substances of category 1 or 2 with R46	Concentration ≥ 0,1 % mutagenic R46 obligatory
      Mutagenic substances of category 3 with R68		Concentration ≥ 1 % mutagenic R68 obligatory (unless already assigned R46)
      Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)	Concentration ≥ 0,5 % toxic for reproduction (fertility) R60 obligatory
      Substances “toxic for reproduction” of category 3 with R62 (fertility)		Concentration ≥ 5 % toxic for reproduction (fertility) R62 obligatory (unless already assigned R60)
      Substances “toxic for reproduction” of category 1 or 2 with R61 (development)	Concentration ≥ 0,5 % toxic for reproduction (development) R61 obligatory
      Substances “toxic for reproduction” of category 3 with R63 (development)		Concentration ≥ 5 % toxic for reproduction (development) R63 obligatory (unless already assigned R61)

      ’

   2. (b)

      table VI A is replaced by the following table:

      ‘

      Table VI A

      In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.
      Classification of the substance	Classification of the preparation
      	Categories 1 and 2	Category 3
      Carcinogenic substances of category 1 or 2 with R45 or R49	Concentration ≥ 0,1 % carcinogenic R45, R49 obligatory as appropriate
      Carcinogenic substances of category 3 with R40		Concentration ≥ 1 % carcinogenic R40 obligatory (unless already assigned R45 f2)
      Mutagenic substances of category 1 or 2 with R46	Concentration ≥ 0,1 % mutagenic R46 obligatory
      Mutagenic substances of category 3 with R68		Concentration ≥ 1 % mutagenic R68 obligatory (unless already assigned R46)
      Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)	Concentration ≥ 0,2 % toxic for reproduction (fertility) R60 obligatory
      Substances “toxic for reproduction” of category 3 with R62 (fertility)		Concentration ≥ 1 % toxic for reproduction (fertility) R62 obligatory (unless already assigned R60)
      Substances “toxic for reproduction” of category 1 or 2 with R61 (development)	Concentration ≥ 0,2 % toxic for reproduction (development) R61 obligatory
      Substances “toxic for reproduction” of category 3 with R63 (development)		Concentration ≥ 1 % toxic for reproduction (development) R63 obligatory (unless already assigned R61)

      ’

2. 2..

   Annex III is amended as follows:

   1. (a)

      in Part A, point 2 of section (b)(1) (I), is deleted;

   2. (b)

      in Part B, table 1 is replaced by the following tables:

      ‘

      Table 1a

      Acute aquatic toxicity and long-term adverse effects

      Classification of the substance	Classification of the preparation
      	N, R50-53	N, R51-53	R52-53
      N, R50-53	see Table 1b	see Table 1b	see Table 1b
      N, R51-53		Cn ≥ 25 %	2,5 % ≤ Cn < 25 %
      R52-53			Cn ≥ 25 %

      Preparations containing a substance classified with N, R50-53, the concentration limits and the resulting classification given in table 1b are applicable.

      Table 1b

      Acute aquatic toxicity and long-term adverse effects of substances very toxic to the aquatic environment

      For preparations containing substances with a lower LC50 or EC50 value than 0,00001 mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).
      LC50 or EC50 value (“L(E)C50”) of substance classified as N, R50-53 (mg/l)	Classification of the preparation
      	N, R50-53	N, R51-53	R52-53
      0,1 < L(E)C50 ≤ 1	Cn ≥ 25 %	2,5 % ≤ Cn < 25 %	0,25 % ≤ Cn < 2,5 %
      0,01 < L(E)C50 ≤ 0,1	Cn ≥ 2,5 %	0,25 % ≤ Cn < 2,5 %	0,025 % ≤ Cn < 0,25 %
      0,001 < L(E)C50 ≤ 0,01	Cn ≥ 0,25 %	0,025 % ≤ Cn < 0,25 %	0,0025 % ≤ Cn < 0,025 %
      0,0001 < L(E)C50 ≤ 0,001	Cn ≥ 0,025 %	0,0025 % ≤ Cn < 0,025 %	0,00025 % ≤ Cn < 0,0025 %
      0,00001 < L(E)C50 ≤ 0,0001	Cn ≥ 0,0025 %	0,00025 % ≤ Cn < 0,0025 %	0,000025 % ≤ Cn < 0,00025 %

      ’

   3. (c)

      in part B, table 2 is replaced by the following table:

      ‘

      Table 2

      Acute aquatic toxicity

      For preparations containing substances with a lower LC50 or EC50 value than 0,00001 mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).
      LC50 or EC50 value (“L(E)C50”) of substance classified either as N, R50 or as N, R50-53 (mg/l)	Classification of the preparation N, R50
      0,1 < L(E)C50 ≤ 1	Cn ≥ 25 %
      0,01 < L(E)C50 ≤ 0,1	Cn ≥ 2,5 %
      0,001 < L(E)C50 ≤ 0,01	Cn ≥ 0,25 %
      0,0001 < L(E)C50 ≤ 0,001	Cn ≥ 0,025 %
      0,00001 < L(E)C50 ≤ 0,0001	Cn ≥ 0,0025 %

      ’

   4. (d)

      in part B, table 5 of point II, is replaced by the following table:

      ‘

      Table 5

      Dangerous for the ozone layer

      Classification of the substance	Classification of the preparation N, R59
      N with R59	Cn ≥ 0,1 %

      ’

3. 3..

   Annex V is replaced by the following:

   ‘ANNEX V

   SPECIAL PROVISIONS CONCERNING THE LABELLING OF CERTAIN PREPARATIONS

   A.

   For preparations classified as dangerous within the meaning of Articles 5, 6 and 7

   1.

   Preparations sold to the general public

   1.1.

   The label on the packaging containing such preparations, in addition to the specific safety advice, must bear the relevant safety advice S1, S2, S45 or S46 in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.

   1.2.

   When such preparations are classified as very toxic (T+), toxic (T) or corrosive (C) and where it is physically impossible to give such information on the package itself, packages containing such preparations must be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

   2.

   Preparations intended for use by spraying

   The label on the packaging containing such preparations must compulsorily bear the safety advice S23 accompanied by safety advice S38 or S51 assigned to it in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.

   3.

   Preparations containing a substance assigned phrase R33: Danger of cumulative effects

   When a preparation contains at least one substance assigned the phrase R33, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the concentration of this substance present in the preparation is equal to or higher than 1 %, unless different values are set in Annex I to Directive 67/548/EEC.

   4.

   Preparations containing a substance assigned phrase R64: May cause harm to breastfed babies

   When a preparation contains at least one substance assigned phrase R64, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the concentration of this substance present in the preparation is equal to or higher than 1 %, unless different values are set in Annex I to Directive 67/548/EEC.

   B.

   For preparations irrespective of their classification within the meaning of Articles 5, 6 and 7

   1.

   Preparations containing lead

   1.1.

   Paint and varnishes

   The label on the packaging of paints and varnishes containing lead in quantities exceeding 0,15 % (expressed as weight of metal) of the total weight of the preparation, as determined in accordance with ISO standard 6503/1984, must show the following particulars:

   “Contains lead. Should not be used on surfaces liable to be chewed or sucked by children”.

   In the case of packages the contents of which are less than 125 millilitres, the particulars may be as follows:

   “Warning! Contains lead”.

   2.

   Preparations containing cyanoacrylates

   2.1.

   Adhesives

   The label on the immediate packaging of adhesives based on cyanoacrylate must bear the following inscriptions:

   • Cyanoacrylate

     Danger

     Bonds skin and eyes in seconds

     Keep out of the reach of children

   Appropriate advice on safety must accompany the package.

   3.

   Preparations containing isocyanates

   The label on the packaging of preparations containing isocyanates (as monomers, oligomers, prepolymers, etc., or as mixtures thereof) must bear the following inscriptions:

   • Contains isocyanates.

     See information supplied by the manufacturer

   4.

   Preparations containing epoxy constituents with an average molecular weight ≤ 700

   The label on the packaging of preparations containing epoxy constituents with an average molecular weight ≤ 700 must bear the following inscriptions:

   • Contains epoxy constituents.

     See information supplied by the manufacturer

   5.

   Preparations sold to the general public which contain active chlorine

   The label on the packaging of preparations containing more than 1 % of active chlorine must bear the following particular inscriptions:

   “Warning! Do not use together with other products. May release dangerous gases (chlorine)”.

   6.

   Preparations containing cadmium (alloys) and intended to be used for brazing or soldering

   The label on the packaging of the above mentioned preparations must bear the following inscription printed in clearly legible and indelible characters:

   • Warning! Contains cadmium.

     Dangerous fumes are formed during use.

     See information supplied by the manufacturer.

     Comply with the safety instructions

   7.

   Preparations available as aerosols

   Without prejudice to the provisions of this Directive, preparations available as aerosols are also subject to the labelling provisions in accordance with points 2.2 and 2.3 of the Annex to Directive 75/324/EEC as last amended by Directive 94/1/EC.

   8.

   Preparations containing substances not yet tested completely

   Where a preparation contains at least one substance which, in accordance with Article 13.3 of Directive 67/548/EEC, bears the inscription “X1Caution — substance not yet fully tested”, the label on the packaging of the preparation must bear the inscription “Warning — this preparation contains a substance not yet tested completely” if this substance is present in a concentration ≥ 1 %.

   9.

   Preparations not classified as sensitising but containing at least one sensitising substance

   The label on the packaging of preparations containing at least one substance classified as sensitising and being present in a concentration equal to or greater than 0,1 % or in a concentration equal to or greater than that specified under a specific note for the substance in Annex I to Directive 67/548/EEC must bear the inscription:

   “Contains (name of sensitising substance). May produce an allergic reaction”.

   10.

   Liquid preparations containing halogenated hydrocarbons

   For liquid preparations which show no flashpoint or a flashpoint higher than 55 °C and contain a halogenated hydrocarbon and more than 5 % flammable or highly flammable substances, the label on the packaging must bear the following inscription as appropriate:

   “Can become highly flammable in use” or “Can become flammable in use”.

   11.

   Preparations containing a substance assigned phrase R67: vapours may cause drowsiness and dizziness

   When a preparation contains one or more substances assigned the phrase R67, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the total concentration of these substances present in the preparation is equal to or higher than 15 %, unless:

   • the preparation is already classified with phrases R20, R23, R26, R68/20, R39/23 or R39/26,

   • or the preparation is in a package not exceeding 125 ml.

   12.

   Cements and cement preparations

   The label on the packaging of cements and cement preparations containing more than 0,0002 % soluble chromium (VI) of the total dry weight of the cement must bear the inscription:

   “Contains chromium (VI). May produce an allergic reaction”

   unless the preparation is already classified and labelled as a sensitiser with phrase R43.

   C.

   For preparations not classified within the meaning of Articles 5, 6 and 7 but containing at least one dangerous substance

   1.

   Preparations not intended for the general public

   The label on the packaging of preparations referred to in Article 14.2.1(b) must bear the following inscription:

   “Safety data sheet available for professional user on request”.’