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Order Of 1 June 2010 Amending The Order Of 2 February 1998 On Levies And Water Consumption As Well As Emissions Of All Kinds Of Installations Classified For The Protection Of The Environment Subject To Any...

Original Language Title: Arrêté du 1er juin 2010 modifiant l'arrêté du 2 février 1998 relatif aux prélèvements et à la consommation d'eau ainsi qu'aux émissions de toute nature des installations classées pour la protection de l'environnement soumises à autorisatio...

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Directive 2008/112/EC of the European Parliament and the Council amending Council Directives 76/768/EEC, 88/378/EEC and 1999/13/EC and Council Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and Council to adapt them to Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures

Summary

Partial transfer of Directive 2008/112/EC of the European Parliament and the Council amending Directives 76/768/EEC, 88/378/EEC and 1999/13/EC of the Council and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and the Council to adapt them to Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures.

Keywords

SUSTAINABLE DEVELOPMENT, EUROPEAN DIRECTIVE, PART TRANSPOSITION


JORF n°0152 of 3 July 2010 page 12076
text No. 12



Judgment of 1 June 2010 amending the order of 2 February 1998 relating to the sampling and consumption of water and to the emissions of any kind of facilities classified for the protection of the environment subject to authorization as well as the general requirements for installations classified for the protection of the environment subject to declaration under headings 1433, 2330, 2370, 2360, 2415, 2450, 2564,

NOR: DEVP1013850A ELI: https://www.legifrance.gouv.fr/eli/arrete/2010/6/1/DEVP1013850A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations,
Considering the Convention on Long-range Transboundary Air Pollution signed on 13 November 1979, which entered into force on 16 March 1983, as well as its protocols, including the Geneva Convention adopted on 18 November 1991, which entered into force on 29 September 1997 on a reduction in emissions of volatile organic compounds and their transboundary fluxes;
Considering Council Directive 1999/13/EC of 11 March 1999 on the reduction of emissions of volatile organic compounds due to the use of organic solvents in certain activities and facilities;
Considering Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Directives 76/768/EEC, 88/378/EEC and 1999/13/EC of the Council and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and the Council to adapt them to Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures;
Considering the environmental code, including title I and title II of Book V;
Vu le Public Health Codeincluding articles R. 1342-1 and following;
Having regard to the amended decision of 2 February 1998 relating to water sampling and consumption, as well as to the emissions of any kind of facilities classified for environmental protection subject to authorization, including section 67;
Having regard to the amended decision of 14 January 2000 on the general requirements for facilities classified for environmental protection under heading 2661 (Transformation of polymers of plastics, rubber, elastomers, resins and synthetic adhesives), including its annex I;
Having regard to the Decree of 25 July 2001 on the general requirements for facilities classified for the protection of the environment under the heading No. 2330 "Teinture, impression, prime, enduction, bleaching and washing of textile materials", including its annex I;
Having regard to the amended Decree of 25 July 2001 on the general requirements for plants classified for environmental protection under heading No. 2351 "Teinture and pigmentation of skins", including its annex I;
In view of the Decree of 25 July 2001 on the general requirements for facilities classified for the protection of the environment under the headings No. 2360 "Shoe manufacturing workshops, leather works or leather and skin work", including its annex I;
Having regard to the amended Decree of 2 May 2002 on the general requirements for classified facilities under heading No. 2940 relating to the use (application, cooking, drying) of varnish, paint, primer, glue, coating, etc., on any medium (metal, wood, plastic, leather, paper, textile), excluding activities covered by other headings including sections No. 1550,
Having regard to the amended Decree of 16 July 2003 on the general requirements for classified facilities under heading 2450 "Printing or graphic reproduction workshops on any medium such as metal, paper, cardboard, plastics, textiles, etc., using a printer form", including its annex I;
In view of the decision of 4 June 2004 on general requirements for classified facilities under heading 2930 relating to repair and maintenance workshops for motor vehicles and machinery, including body and metalworking activities, including its annex I;
Having regard to the amended decision of 21 June 2004 on the general requirements for classified facilities under heading 2564 on cleaning, degreasing, shifting of surfaces (metals, plastics...) by processes using organohalogen liquids or organic solvents, including its annex I;
Having regard to the amended decision of 13 October 2004 on the general requirements for classified facilities under heading 2685 "Medicals (manufacture and division for the preparation of) for human or veterinary use", in particular Annex I;
Having regard to the amended decision of 17 December 2004 on the general requirements for classified facilities under heading No. 2415 relating to installations for the implementation of wood products and derivative materials, including its annex I;
Having regard to the amended decision of 20 April 2005 on the general requirements for facilities classified for the protection of the environment referred to in section No. 1433 relating to the mixture or use of flammable liquids, including its annex I;
Having regard to the order of 14 February 2007 relating to the general requirements for classified facilities under heading 2530 relating to the manufacture and work of glass;
In view of the decision of 14 February 2007 on general requirements for classified facilities under heading 2531 on chemical glass work;
Having regard to the general requirements for classified facilities under heading 1158 (Employment or storage of diisocyanate of diphenylmethane);
Considering the decision of 30 October 2007 on general requirements for classified facilities under heading 1150 (Stockage or use of or based on specific toxic substances);
Considering the decision of 31 October 2007 on general requirements for classified facilities under heading 1612 (Employment or storage of chlorosulfuric acid or oleums);
Considering the decision of 2 November 2007 on general requirements for classified facilities under heading 1140 (Employment or storage of concentration formaldehyde greater than or equal to 90%);
In view of the 12 December 2007 decision on the general requirements for classified facilities under heading 2711 "Transport, grouping, sorting, disassembly, refurbishment of electrical and electronic equipment disposed of";
Considering the 10 November 2008 general requirements for classified facilities under heading 1212 (Organizational Peroxide, Use and Storage);
Considering the decision of 7 July 2009 on general requirements for classified facilities under heading 2570;
In light of the opinion of the Higher Council for Technology Risk Prevention of 25 May 2010,
Stop it!

Article 1 Learn more about this article...


The provisions of the above-mentioned decision of 2 February 1998 are amended as follows:
I.-A Article 27. 7, point c is replaced by the following:
"(c) Hazard statement substances H340, H350, H350i, H360D or H360F or R45, R46, R49, R60 or R61 and halogenated substances of H341 or H351 or labeled R40 or R68, as defined in the Order of 20 April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed, if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds.
The prefect may derogate from the requirements of the preceding two paragraphs if the operator demonstrates, on the one hand, that it uses the best available techniques at an economically acceptable cost and, on the other hand, that there is no reason to fear significant risk to human health and the environment. »
II. ― In item 23 of section 30, the word "preparations" is replaced by the word "mixes".
III. - Section 36:
(a) Before the words: "at risk phrases R45, R46, R49, R60 or R61", are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: "labelled R40" are replaced by the words: "H341 or H351 hazard statements or labeled R40 or R68".
IV. in the fifth paragraph of Article 59:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words: "an R40 risk sentence" are replaced by the words: "an H341 or H351 hazard statement or labelled R40 or R68".
V.-In the eighth paragraph of Article 59:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: " labeled R40" are replaced by the words: "with H341 or H351 hazard statements or labeled R40 or R68".
VI. ― In Appendix III, the word "preparations" is replaced by the word "mixes".

Article 2 Learn more about this article...


The provisions of the amended dated 21 June 2004 are amended as follows:
I.-In the sixth paragraph of agenda item 6. 2. b. 1 of Appendix I, the word "preparations" is replaced by the word "mixes".
II. 2. b. 2. II:
(a) Before the words: "at risk phrases R45, R46, R49, R60 or R61", are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: "labelled R40" and "labelled R40 or R68" are replaced by the words: "H341 or H351 hazard statements or labeled R40 or R68".
III. - Point 6. 2. b. 2.V of Appendix I is replaced by the following text:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, a limit emission value of 20 mg/m is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds. »
IV. 3. b. II of Schedule I and Schedule IV:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) Before the words: "A risk phrase R40 or R68" are inserted the words: "A hazard statement H341 or H351 or".
V.-Aux points 6. 3. b. III of Appendix I and Appendix IV:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) Before the words: "labelled R40 or R68", the words are inserted: "with H341 or H351 hazard statements or".

Article 3 Learn more about this article...


The provisions of Annex I to the above-mentioned Order of 16 July 2003 are amended as follows:
I.-In the sixth paragraph of agenda item 6. 2. b. 1, the word "preparations" is replaced by the word "mixes".
II. 2. b. 2.V is replaced by the following:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire installation, emitted in channeled and diffuse form, is greater than or equal to 10 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
In the case of a mixture of the above-mentioned and non-target compounds, the limit value of 2 mg/m3 is only applicable to the above-mentioned compounds and the limit values defined in paragraphs I and II apply to all compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
In the case of a mixture of the above-mentioned and non-target compounds, the limit value of 20 mg/m3 is only applicable to the above-mentioned compounds and the limit values defined in paragraphs I and II apply to all compounds. »
III. 3. b. II:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words "an R40 risk sentence" are replaced by the words "an H341 or H351 hazard statement or a R40 or R68 risk phrase".
IV. 3. b. III:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: "labelled R40 or R68" are replaced by the words: "with H341 or H351 hazard statements or labeled R40 or R68".

Article 4 Learn more about this article...


The provisions of the order dated 2 May 2002 relating to the application of varnishes and paints are amended as follows:
I.-In the fifth paragraph of item 6. 2. b of Appendix I, the word "preparations" is replaced by the word "mixes".
II. - Point 6. 2. b. 2.V of Appendix I is replaced by the following text:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »
III. – In the sixth paragraph of item 6. 3. (b) of Annex I and in the eighth paragraph of Annex III:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words "an R40 risk sentence" are replaced by the words "an H341 or H351 hazard statement or a R40 or R68 risk phrase".
IV. – In the tenth paragraph of item 6. 3. (b) of Annex I and in the fourteenth paragraph of Annex III:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: "labelled R40" are replaced by the words: "with hazard statements H341 or H351 or labeled R40 or R68".
V.- Point 6. 2. b of Appendix III is replaced by the following text:
“(b) Volatile organic compounds (VOCs):
"V.-Valeurs limite d' émissions en COV en cas d'utilisation de substances de mentions de danger H340, H350, H350i, H360D ou H360F ou à phrases de risques R45, R46, R49, R60 ou R61 et substances halogénées de mentions de danger H341 ou H351 ou étiquetées R40 ou R68,é quedefined dans l'dec
"The substances or mixtures to which are attributed, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their graded carcinogenic, mutagenic or toxic content for reproduction, are replaced, as far as possible, by less possible mixtures
« Subject of control:
"A rationale for the impossibility of substituting CMRs for H340, H350, H350i, H360D or H360F hazard statements or R45, R46, R49, R60 or R61. »

Article 5 Learn more about this article...


The provisions of Annex I to the above-mentioned Order of January 14, 2000 are amended as follows:
I.-In the sixth paragraph of agenda item 6. 2. b. 1, the word "preparations" is replaced by the word "mixes".
II. 2. b. 2.V is replaced by the following:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire installation, emitted in channeled and diffuse form, is greater than or equal to 10 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
In the case of a mixture of the above-mentioned and non-target compounds, the limit value of 2 mg/m3 is only applicable to the above-mentioned compounds and the limit values defined in paragraphs I and II apply to all compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
In the case of a mixture of the above-mentioned and non-target compounds, the limit value of 20 mg/m3 is only applicable to the above-mentioned compounds and the limit values defined in paragraphs I and II apply to all compounds.
The prefect may derogate from the requirements of the preceding two points if the operator demonstrates, on the one hand, that it uses the best available techniques at an economically acceptable cost and, on the other hand, that there is no reason to fear significant risk to human health and the environment. »
III. 3. b. II:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) Before the words: "A risk phrase R40 or R68" are inserted the words: "A hazard statement H341 or H351 or".
IV. 3. b. III:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) Before the words: "labelled R40 or R68", the words are inserted: "with H341 or H351 hazard statements or".

Article 6 Learn more about this article...


The provisions of the above-mentioned Order of 17 December 2004 are amended as follows:
I.-In the sixth paragraph of agenda item 6. 2. b. 1 of Appendix I, the word "preparations" is replaced by the word "mixes".
II. - Point 6. 2. b. 2.V of Appendix I is replaced by the following text:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire installation, emitted in channeled and diffuse form, is greater than or equal to 10 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
In the case of a mixture of the above-mentioned and non-target compounds, the limit value of 2 mg/m3 is only applicable to the above-mentioned compounds and the limit values defined in paragraphs I and II apply to all compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
In the case of a mixture of the above-mentioned and non-target compounds, the limit value of 20 mg/m3 is only applicable to the above-mentioned compounds and the limit values defined in paragraphs I and II apply to all compounds. »
III. 3. b. II of Schedule I and Schedule IV:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words "an R40 risk sentence" are replaced by the words "an H341 or H351 hazard statement or a R40 or R68 risk phrase".
IV. 3. b. III of Schedule I and Schedule IV:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) Before the words: "labelled R40 or R68" are inserted the words: "with hazard statements H341 or H351 or".

Article 7 Learn more about this article...


The provisions of Annex I to the above-mentioned Order of 25 July 2001 relating to shoemaking, leatherwork or leather and skin work are amended as follows:
I. In the fourth paragraph of agenda item 6. 2.I, the word "preparations" is replaced by the word "mixes".
II. ― Point 6. 2.V is replaced by the following:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »
III. - Point 6. VI, it is inserted:
(a) “6. 3. » before the words: "Measurement of pollution rejected";
(b) "a." before the words: "General Case";
(c) "b." before the words: "VOC cases".
IV. - In the seventh paragraph of item 6. 3. b:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words "an R40 risk sentence" are replaced by the words "an H341 or H351 hazard statement or a R40 or R68 risk phrase".
V.-In the tenth paragraph of item 6. 3. b:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: "labelled R40" are replaced by the words: "with hazard statements H341 or H351 or labeled R40 or R68".

Article 8 Learn more about this article...


The provisions of Annex I to the above-mentioned Order of 13 October 2004 are amended as follows:
I. In the fourth paragraph of agenda item 6. 2. 2. 1, the word "preparations" is replaced by the word "mixes".
II. - Point 6. 2. 2. 2. 4 is replaced by the following text:
« 6. 2. 2. 2. 4. Limit values for VOC emissions in the event of use of H340, H350, H350i, H360D or H360F hazard statements or R45, R46, R49, R60 or R61 hazard statements halogenated substances H341 or H351 or labeled R40 or R68, as defined in the April 20, 1994 Order:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »
III. - In the sixth paragraph of item 6. 3. b:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words "an R40 risk sentence" are replaced by the words "an H341 or H351 hazard statement or a R40 or R68 risk phrase".
IV. - In the ninth paragraph of item 6. 3. b:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: "labelled R40" are replaced by the words: "with hazard statements H341 or H351 or labeled R40 or R68".

Article 9 Learn more about this article...


The provisions of the above-mentioned dated July 25, 2001 concerning dyeing, printing, primer, coating, bleaching and washing of textile materials are amended as follows:
I.-In the fifth paragraph of item 6. 2. b of Appendix I, the word "preparations" is replaced by the word "mixes".
II. - Point 6. 2. b.V of Appendix I is replaced by the following text:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »
III. - Point 6. 3 of Appendix I and Appendix II, it is inserted:
(a) "a." before the words: "General Case";
(b) "b." before the words: "VOC cases".
IV. – In the seventh paragraph of item 6. 3. (b) of annex I and in the tenth paragraph of item 6. 3. b of Appendix II:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words "an R40 risk sentence" are replaced by the words "an H341 or H351 hazard statement or a R40 or R68 risk phrase".
V.-In the tenth paragraph of item 6. 3. (b) of annex I and in the nineteenth paragraph of item 6. 3. b of Appendix II:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: "labelled R40" are replaced by the words: "with hazard statements H341 or H351 or labeled R40 or R68".

Article 10 Learn more about this article...


The provisions of Appendix I to the above-mentioned dated July 25, 2001 concerning skin dyes and pigmentation are amended as follows:
I.-In the fifth paragraph of item 6. 2. b, the word "preparations" is replaced by the word "mixes".
II. - Point 6. 2. b.V is replaced by the following:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »
III. - Point 6. 3, it is inserted:
(a) "a." before the words: "General Case";
(b) "b." before the words: "VOC cases".
IV. - In the seventh paragraph of item 6. 3. b:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words "an R40 risk sentence" are replaced by the words "an H341 or H351 hazard statement or a R40 or R68 risk phrase".
V.-In the tenth paragraph of item 6. 3. b:
(c) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(d) The words: "labelled R40" are replaced by the words: "with hazard statements H341 or H351 or labeled R40 or R68".

Article 11 Learn more about this article...


The provisions of Annex I to the above-mentioned Order of 20 April 2005 are amended as follows:
I. - Item 6. 2. b. 1, the word "preparing" or "preparing" is replaced by "mixing" or "mixing" respectively throughout the text.
II. 2. b. 2.V is replaced by the following:
"V. ― VOC limit values in the case of use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard statement halogenated substances H341 or H351 or labeled R40 or R68, as defined in April 1994:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire installation, emitted in channeled and diffuse form, is greater than or equal to 10 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
In case of mixture of the above-mentioned and non-target compounds, the limit value of 2 mg/ Nm3 only applies to the compounds referred to above and the limit values defined in paragraphs I and II are applicable to all compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above applies to each channeled release and refers to the mass sum of the various compounds.
In the case of a mixture of the above-mentioned and non-target compounds, the limit value of 20 mg/m3 is only applicable to the above-mentioned compounds and the limit values defined in paragraphs I and II apply to all compounds. »
III. - Item 6. b. II. 2:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) The words "an R40 risk sentence" are replaced by the words "an H341 or H351 hazard statement or a R40 or R68 risk phrase".
IV. 3. b. III:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) The words: "labelled R40" are replaced by the words: "with hazard statements H341 or H351 or labeled R40 or R68".

Article 12 Learn more about this article...


The provisions of the above-mentioned decision of 4 June 2004 are amended to read:
I. In the fourth paragraph of agenda item 6. 2. b. 1 of Appendix I, the word "preparations" is replaced by the word "mixes".
II. 2. b. 2. II.C of Appendix I is replaced by the following text:
“II. ― C. ― VOC limit values for use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 halogenated substances of H341 or H351 hazard statement or labeled R40 or R68, as defined in April 1994
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statements H341 or H351 or R40 or R68 are assigned, an emission limit value of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »
III. – In the sixth paragraph of item 6. 3. (b) of annex I and in the eighth paragraph of item 6. 3. b of Appendix II:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) Before the words: "A risk phrase R40 or R68" are inserted the words: "A hazard statement H341 or H351 or".
IV. – In the ninth paragraph of item 6. 3. (b) of annex I and in the thirteenth paragraph of item 6. 3. b of Appendix II:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) Before the words: "labelled R40 or R68", the words are inserted: "a mention of danger H341 or H351 or".
V.- Point 6. 2. b. 2. II.C of Appendix II is replaced by the following text:
“II. ― C. ― VOC limit values for use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 halogenated substances of H341 or H351 hazard statement or labeled R40 or R68, as defined in April 1994
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures
Subject of control:
A rationale for the impossibility of substituting CMRs for H340, H350, H350i, H360D or H360F hazard statements or R45, R46, R49, R60 or R61. »

Article 13 Learn more about this article...


The provisions of Annex I to the above-mentioned Orders of 2 November 2007, 30 October 2007, 29 October 2007, 10 November 2008 and 31 October 2007 are amended as follows:
I.- Point 6. 2. b. 2.V is replaced by the following:
"V. ― VOC limit values for use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 halogenated substances for H341 or labeled R40, as defined in the April 20, 1994 Order:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statement H341 or risk phrase R40 is assigned, an emission limit of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »
II. - In the fifth paragraph of item 6. 3. b:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) Before the words: "a R40 risk sentence", the words "a H341 hazard statement or " are inserted.
III. - In the eighth paragraph of item 6. 3. b:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) Before the words: "labelled R40", the words are inserted: "with a H341 hazard mention or".

Article 14 Learn more about this article...


Items 6. 2. b. 3 of annex I to the above-mentioned orders of 14 February 2007 are replaced by the following text:
« 6. 2. b. 3. Limit values for VOC emissions in the event of use of H340, H350, H350i, H360D or H360F hazard statements or R45, R46, R49, R60 or R61 hazard reference halogenated substances H341 or labeled R40, as defined in the April 20, 1994 Order:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statement H341 or risk phrase R40 is assigned, an emission limit of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »

Article 15 Learn more about this article...


Item 6. 2.B. b. II of Schedule I to the above-mentioned Order of 7 July 2009 is replaced by the following text:
“ 6. 2.B. b. II. ― VOC limit values for use of H340, H350, H350i, H360D or H360F hazard statement substances or R45, R46, R49, R60 or R61 hazard reference halogenated substances H341 or R40 labelled as defined in the April 20, 1994 Order:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statement H341 or risk phrase R40 is assigned, an emission limit of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »

Article 16 Learn more about this article...


The provisions of Annex I to the above-mentioned Order of 12 December 2007 are amended to read as follows:
I.- Point 6. 2. 2. 3 is replaced by the following text:
“ 6. 2. 2. 3. Limit values for VOC emissions in the event of use of H340, H350, H350i, H360D or H360F hazard statements or R45, R46, R49, R60 or R61 hazard reference halogenated substances H341 or labeled R40, as defined in the April 20, 1994 Order:
Substances or mixtures to which are assigned, or on which must be affixed, hazard statements H340, H350, H350i, H360D or H360F or risk phrases R45, R46, R49, R60 or R61 because of their VOC content, carcinogenic, mutagenic or toxic for reproduction, are replaced, as far as possible, by less possible mixtures If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The emission limit value above refers to the mass sum of the different compounds.
For emissions of halogenated volatile organic compounds to which hazard statement H341 or risk phrase R40 is assigned, an emission limit of 20 mg/m 3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds. »
II. - In the sixth paragraph of item 6. 3. 2:
(a) Before the words: "A risk phrase R45, R46, R49, R60 or R61" are inserted the words: "A hazard statement H340, H350, H350i, H360D or H360F or";
(b) Before the words: "a R40 risk sentence", the words "a H341 hazard statement" are inserted.
III. - In the ninth paragraph of item 6. 3. 2:
(a) Before the words: "R45, R46, R49, R60 or R61" are inserted the words: "H340, H350, H350i, H360D or H360F or";
(b) Before the words: "labelled R40", the words are inserted: "with a H341 hazard mention or".

Article 17 Learn more about this article...


The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, June 1, 2010.


For the Minister and by delegation:

Director General

risk prevention,

L. Michel


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