Introductory text

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^f1, and in particular Article 53 thereof,

Whereas:

Verification has revealed errors in Annexes I, II, IV and V to Commission Regulation (EC) No 790/2009 of 10 August 2009 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures^f2. Those errors should therefore be corrected.

The corrected harmonised classification and labelling of substances should apply from the day of the entry into force of this Regulation. Suppliers should not be required to relabel and repackage substances and mixtures already placed on the market in accordance with Regulation (EC) No 1272/2008, before the entry into force of this Regulation. Suppliers should nevertheless have the possibility of applying the provisions of this Regulation to substances and mixtures already placed on the market on a voluntary basis.

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 of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC^f3,

HAS ADOPTED THIS REGULATION: