16 Amendments of Lambert van NISTELROOIJ related to 2007/0121(COD)
Amendment 68 #
Proposal for a regulation – amending act
Article 3 - paragraph 3
Article 3 - paragraph 3
3. The Commission may develop and incorporate further differentiations for hazard classes, if internationally agreed, on the basis of the route of exposure or the nature of the effects and shall amend the second subparagraph of paragraph 1 as a result. Those measures, designed to amend nonessential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 54 (3).
Amendment 69 #
Proposal for a regulation – amending act
Article 4 - paragraph 1 - subparagraph 1
Article 4 - paragraph 1 - subparagraph 1
1. Manufacturers, importers and downstream us and importers shall classify substances or mixtures in accordance with Title II before placing them on the market.
Amendment 75 #
Proposal for a regulation – amending act
Article 8 - paragraph 4
Article 8 - paragraph 4
4. Tests that are carried out for the purposes of this Regulation, shall be carried out on the substance or on the mixture in the form in which it is used or reasonably can be expected to be used after it iintended to be used, or in the form and/or physical state as placed on the market.
Amendment 77 #
Proposal for a regulation – amending act
Article 9 - paragraph 4 a (new)
Article 9 - paragraph 4 a (new)
4a. When evaluating the data the manufacturer or importer shall consider additional information such as the form and/or physical state in which the substance or mixture is used after it is placed on the market and may refine the classification accordingly. Normal handling and use should be taken into consideration in the classification of a substance or mixture.
Amendment 78 #
Proposal for a regulation – amending act
Article 10 - paragraph 1
Article 10 - paragraph 1
1. Subject to paragraph 3, specific concentration limits whereby a threshold is indicated on or over which the presence of that substance in another substance or in a mixture as an identified impurity, additive or individual constituent may lead to the classification of the substance or mixture as hazardous may be set by the supplier in the following situations: (a) where information shows that the hazard of a substance is evident when it is present at a level below the concentrations set for any hazard class in part 2 of Annex I or below the generic concentration limits set for any hazard class in parts 3 to 5 of Annex I; (b) in exceptional caseson occasion, where information shows that a substance classified as hazardous is present at a level above the concentrations set for any hazard class in part 2 of Annex I or above the generic concentration limits set for any hazard class in parts 3 to 5 of that Annex, but there are conclusive data showing that the hazard of the substance is not evident.
Amendment 79 #
Proposal for a regulation – amending act
Article 10 - paragraph 6 a (new)
Article 10 - paragraph 6 a (new)
6a. The supplier shall set concentration limits in accordance with the criteria set out in the guidance made available by the Agency, and shall include the justification therefore either in his notification according to the classification and labelling inventory or in his registration according to Regulation (EC) No 1907/2006.
Amendment 84 #
Proposal for a regulation – amending act
Article 15 - paragraph 1
Article 15 - paragraph 1
1. Subject to paragraph 3, where the supplier of a substance or mixture may reasonably be expected to have becomes aware of new scientific or technical information that he has ascertained to be adequate and reliable for the purposes of the evaluation pursuant to this Chapter and that warrants a change in the classification of the substance or mixture, he shall carry out a new evaluation of that information in accordance with this Chapter.
Amendment 88 #
Proposal for a regulation – amending act
Article 18 - paragraph 3 - point (b)
Article 18 - paragraph 3 - point (b)
(b) the identity of all substances in the mixture that contribute to the classification of the mixture as regards acute toxicity, skin corrosion or serious eye damage, germ cell mutagenicity, carcinogenicity, reproductive toxicity, respiratory or skin sensitisation, or specific target organ toxicity (STOT).
Amendment 102 #
Proposal for a regulation – amending act
Article 26 - paragraph 3 a (new)
Article 26 - paragraph 3 a (new)
3a. If the Agency does not accept the request, it shall inform the manufacturer or importer at least four weeks before any intended publication of the information. An appeal may be brought in accordance with Articles 92 and 93 of Regulation (EC) No 1907/2006 against the decision not to accept the request. This appeal shall have a suspensive effect and the data shall not be published.
Amendment 107 #
Proposal for a regulation – amending act
Article 31 - paragraph 1 - point (k)
Article 31 - paragraph 1 - point (k)
(k) Chronically Aquatic Hazardous of category 1, 2, 3 and 42.
Amendment 113 #
Proposal for a regulation – amending act
Article 31 - paragraph 2
Article 31 - paragraph 2
2. Where the Commission so requests, the Agency shall prepare and submit to the Commission draft exemptions from the obligations to label provided for in Articles 17 and 34 as follows: (a) where the packaging is either too small or otherwise unsuitable for affixing the label, the conditions for applying the label elements; (b) where packaging contains a quantity other than 125 ml which does not entail a risk to workers or human health or the environment, the quantities and the appropriate exemptions from the labelling requirements for substances and mixtures classified as follows: (i) Flammable Gases; (ii) Oxidising Gases; (iii) Flammable Liquids ; (iv) Flammable Solids ; (v) Substances which in contact with water emit Flammable Gases; (vi) Oxidising Liquids; (vii) Oxidising Solids; (viii) Acutely Toxic of category 4; (ix) Skin Irritant of category 2; (x) Eye Irritant of category 2; (xi) Hazardous to the Environment. 2a. Where the packaging is an awkward shape or so small that it is technically impossible to attach a label, the hazard labelling information shall be supplied in some other appropriate manner, e.g. tie- on tags. If practicable, full hazard labelling shall be applied to at least one layer of packaging.
Amendment 116 #
Proposal for a regulation – amending act
Article 32 - paragraph 1 a (new)
Article 32 - paragraph 1 a (new)
1a. Packaging of substances and mixtures destined for the general public and fulfilling the criteria for Hazard Class 2.16 shall be exempted from the obligation to bear a label relating to this hazard, provided that where both an outer and an inner packaging is used, the outer packaging does bear a pictogram in accordance with rules on the transport of dangerous goods provided for in Regulation (EEC) No 3922/91, Directive 94/55/EC, Directive 96/49/EC or Directive 2002/59/EC.
Amendment 117 #
Proposal for a regulation – amending act
Article 32 - paragraph 1 b (new)
Article 32 - paragraph 1 b (new)
1b. For certain mixtures classified as hazardous to the environment, exemptions to certain provisions on environmental labelling or specific provisions in relation to environmental labelling may be determined in accordance with the procedure referred to in Article 53, where it can be demonstrated that there would be a reduction in the environmental impact. Such exemptions or specific provisions are defined in Part 2 of Annex II.
Amendment 121 #
Proposal for a regulation – amending act
Article 37 - paragraph 1 - point (a)
Article 37 - paragraph 1 - point (a)
(a) the packaging shall be so designed and constructed that its contents cannot escape during normal handling and use, except in cases where other more specific safety devices are prescribed;
Amendment 133 #
Proposal for a regulation – amending act
Article 45 - paragraph 3 a (new)
Article 45 - paragraph 3 a (new)
3a. No later than 1 December 2010 the Commission shall present a legislative proposal with a view to the harmonisation of the information referred to in paragraph 1.
Amendment 142 #
Proposal for a regulation – amending act
Article 58, paragraph 4 a (new)
Article 58, paragraph 4 a (new)
4a. No later than 1 December 2010 the Commission shall present a report on the effectiveness of Article 45 (1) to (3) of the Regulation, in order, if necessary, to submit modifications with a view to further harmonisation in accordance with the regulatory procedure with scrutiny referred to in Article 54(3).