Decision of 14 October 1987 laying down detailed rules for the packaging and marking of dangerous preparations for the environment and for certain dangerous preparations
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Welfare, Health and Culture of 2 April 1987, DGVGZ/VVP/P-80823, made on behalf of Our Ministers for Housing, Spatial Planning and the Environment and Social Affairs and Employment;
Having regard to the Articles 34 , third member, 36 , second paragraph, 37 , 39 , second, third and fourth members, and 60, third member, of the Environmental Hazardous Substances Act ( Stb. 1985, 639);
The Council of State heard (opinion of 17 June 1987, no. W13.87.0179);
Having regard to the detailed report of the Secretary of State for Welfare, Health and Culture of 8 September 1987, DGVGZ/VVP/P-81749, on behalf of our Minister for Housing, Regional Planning and the Environment, and the State Secretary for the Environment, DGVGZ/VVP/P-81749, Social Affairs and Employment;
Have found good and understand:
For the purpose of this Decision:
a. the law: the Environmental Environment Act ;
b. Fabric Directive: Directive No 67 /548/EEC of the Council of the European Communities of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (PbEG L 196);
c. Our Ministers: Our Ministers of Health, Welfare and Sport, of Infrastructure and the Environment and of Social Affairs and Employment.
1 On packaging as intended Article 18.104.22.168, first paragraph, of the Act shall be clearly and indelibly marked:
a. The chemical names of the substances from which the preparation exists or the name of the genetically modified organism;
the name and address of the person established in the European Economic Area who manufactures the preparation or the genetically modified organism, makes it available to another person in the European Economic Area or introduces it;
c. the name of the hazard or the hazards of the preparation, as intended by Article 22.214.171.124, second paragraph, of the Act , with the corresponding symbol, the symbols corresponding to them, provided that they are provided for under paragraph 3 of this Article;
d. a reference to the special hazards associated with the use of the preparation, if provided for under paragraph 3;
e. safety recommendations designed to avoid the most important hazards associated with the use of the preparation, to the extent that it is provided for under paragraph 3.
2 Our Ministers shall, together, lay down detailed rules for the particulars referred to in paragraph 1. They may also provide that any further information to be given on a packaging must be indicated or indicated by them only in cases to be indicated by them.
3 To the provisions of paragraph 1 (a), (c), (d) and (e) and paragraph 2, the second paragraph shall be deemed to be satisfied if a preparation, drawn up on a list of preparations as defined by Our Ministers, as referred to in Article 2, is to be met Article 126.96.36.199 , it is indicated in the manner indicated in that list in respect of that preparation.
1 The criteria according to which a substance is to be classified in a category as referred to in Article 188.8.131.52, second paragraph, of the Act , for the various categories, as follows:
a. Explosives: substances and preparations in solid, liquid, paste or gelatin-like condition, which may also react exothermic without the inaction of oxygen, rapidly develop gases and explode under certain conditions, rapidly Burning explosive or exploding at partial closure;
b. oxydation: substances and preparations which, in contact with other substances, especially flammable substances, react strongly exothermic;
c. Highly flammable: substances and preparations in liquid state with an extremely low flash point and a low boiling point, as well as gaseous substances and preparations which may ignlate at normal temperature and pressure on the air;
d. 'highly flammable': substances and preparations which:
1 °. exposed to air at normal temperature, without any input of energy, increased in temperature and, finally, can igninage;
2 °. In solid state, by the ephemeral inaction of an ignition source, can be easily ignited and, after removal of the ignition source, continue to burn or to glow;
3 °. in liquid state, have a very low flash point, or
4 °. in the case of contact with water or damp air, develop very highly flammable gases in a dangerous quantity;
e. Flammable: liquid substances and preparations with a low flash point;
f. highly toxic: substances and preparations of which a very small quantity already can cause acute or chronic disease or death by mouth or skin, or if it is likely to cause death;
g. toxic: substances and preparations of which a small amount of inhaling or ingestion, whether through the mouth or through the skin, may cause acute or chronic conditions or death;
h. harmful: substances and preparations which, when inhaled or swallowed, may cause acute or chronic conditions or death by mouth or skin;
(i) corrosive: substances and preparations which, in contact with live tissue, are likely to have a devastating effect on them;
j. irritant: non-corrosive substances and preparations which, in the case of direct, prolonged or repeated contact with the skin or mucous membranes, may cause inflammation;
k. sensitizing substances and preparations which may give rise to a reaction of hypersensitization to a reaction of hypersensitization to the substance or preparation of characteristic adverse effects by inhalation or by dermal intake caused;
L. carcinogens: substances and preparations which may cause cancer or increase the frequency of cancer by mouth or skin, by inhalation or by their inclusion;
m. mutagenic substances and preparations which may cause heritable genetic defects by mouth or skin, or increase the frequency of such aberrations, either by inhalation or by the skin;
n. toxic for reproduction: substances and preparations which, by inhalation or by mouth or skin, have non-hereditary defects in the offspring, and whether or not the reproduction function of the male or female reproductive function is impaired or increase the frequency of such anomalies or deterioration;
o. 'environmentally hazardous' means substances and preparations which, if they enter into the environment, present or present a hazard for one or more environmental compartments immediately or over time.
2 For the classification of a substance in a category as referred to in Article 184.108.40.206, second paragraph, of the Act , the criteria set out in Annex VI to the Directive are also applicable.
3 The provisions of paragraphs (a) to (e) of paragraph 1 shall not apply to aerosol dispensers as defined in the paragraph (a) of (e). Printing legislation, printing packages .
1 To determine whether a substance belongs to a category as intended Article 220.127.116.11, second paragraph, of the Act , the existing relevant and accessible data on the properties of the substance shall be used.
2 Research carried out in order to establish whether a substance belongs to a category as intended Article 18.104.22.168, second paragraph, of the Act , should be implemented using methods set out in Annex X to the EC Regulation on the registration, evaluation and authorisation of chemical substances.
1 The in Article 1a, first paragraph , prescribed terms must be in the Dutch language.
2 Our Ministers may provide that in cases they indicate, in which they consider the use of the Dutch language used in the first paragraph for the purposes of the use of the substances in question, as provided for in paragraph 1. Article 1a, first paragraph If the particulars prescribed are not appropriate, these particulars may be made in a language other than the Dutch.
1 The Articles 22.214.171.124 to 126.96.36.199 of the Act , and the Articles 2, first and third paragraphs , 3, second paragraph , and 5 , shall apply mutatis mutandis to preparations other than cosmetics intended for use in the Cosmetic Products Act 2011 .
2 Our Ministers may lay down rules relating to the packaging, including the label, and the designation of preparations.
1 The classification of a preparation in a category as intended Article 188.8.131.52, second paragraph, points (a) to (e) of the Act , it must be carried out on the basis of investigations into the hazardous properties referred to in those parts.
2 By way of derogation from the first paragraph, the classification of a preparation in a category as referred to in that paragraph may be omitted if:
a. No component of that preparation in the Article 184.108.40.206, second paragraph, points (a) to (e) of the Act , has such characteristics and, according to the information available to the manufacturer, is unlikely to present such a hazard in the preparation, or
b. in the case of modification of the composition of a preparation of known composition, there is scientific evidence that a new hazard assessment will not lead to a change in the classification.
3 The rules of procedure of our Ministers shall lay down detailed rules for the examination and classification of a preparation specified in paragraph 1 of this Article.
1 For the classification of a preparation in a category as referred to in Article 220.127.116.11, second paragraph, points (f) to (n) of the Act , the method to be determined by Our Ministers shall be applied with corresponding criteria, which shall be based on the properties of the substances from which the preparation is composed and the concentrations in which those substances are present in the preparation.
2 By way of derogation from the first paragraph, a preparation shall be classified in one or more of the categories specified in Annex VI to the substance of the substance. Article 18.104.22.168, second paragraph, point (f) to (j) of the Act , where toxicological data are available in relation to that classification.
3 The rules of our Ministers shall lay down rules on the manner in which the toxicological data referred to in the second paragraph are to be determined.
4 In the rules referred to in paragraph 3, special circumstances may also be designated which affect the classification of the preparation.
5 Our Ministers determine in which cases a change in the composition of a preparation classified in a category as referred to in Article 22.214.171.124, second paragraph, points (f) to (n) of the Act , leads to a new assessment of that classification.
1 In the classification of a preparation in the category of environmental risk as referred to in Article 126.96.36.199, second paragraph, point (o) of the Act , the method to be adopted under the arrangements of our Ministers shall be applied with corresponding criteria.
2 In the case of a settlement of our Ministers, the composition of which shall be known, with the exception of: Directive No 91 /414/EEC preparations of the Council of the European Communities of 15 July 1991 concerning the placing of plant protection products on the market (PbEG L 230) which are classified according to other internationally recognised methods which are in conformity with the provisions of Annexes II and III to Directive No 91 /414/EEC Council of the European Communities of 15 July 1991 concerning the placing of plant protection products on the market (PbEG L 230), lays down in which cases a new assessment of the risks to the environment takes place.
1 The person responsible for the placing on the market of a substance or preparation shall be at the disposal of:
a. The data used for the classification and characteristics of the preparation;
b. Any useful information regarding the manner of packaging of those packages containing preparations offered for sale or sold to the general public, including the certificate issued after trials in accordance with Annex IX, A, is provided for in the waste directive.
2 The rules of our Ministers shall designate bodies for which the information referred to in paragraph 1 is to be made available.
3 The rules of our Ministers may lay down detailed rules concerning the questions of information concerning the composition of the preparation and any other useful information to the person responsible for placing on the market of the preparation.
Any form of advertising of a preparation in which a private individual may conclude a contract of sale without having first seen the packaging, including the label, of the preparation shall indicate the type or types of hazard referred to above, as intended in Article 188.8.131.52, second paragraph, of the Act .
By arrangement of Our Ministers, preparations may be designated to the Articles 1a and 184.108.40.206 to 220.127.116.11 of the Act either wholly or for a part to be determined, where such preparations, in the form in which they are placed on the market, do not constitute a hazard to physico-chemical properties, or to health hazards or to the environment.
a. Explosives placed on the market for the purpose of their explosive or pyrotechnic properties;
b. substances and preparations referred to in Article 6, first paragraph , in transit, under the supervision of customs and not processed or processed;
c. substances and preparations referred to in Article 6, first paragraph , in the form of waste to which Directive No -2006 /12/EC of the European Parliament and of the Council of 5 April 2006 on waste (PbEU L 114), or Directive No 78 /319/EEC Council of Ministers of 20 March 1978 concerning toxic and dangerous waste (PbEG L 319);
d. preparations containing radioactive substances as defined by Directive No 80/836 /Euratom of the Council of 15 July 1980 amending the Directives laying down basic safety standards for the protection of the health of workers and the general public against the dangers of ionizing radiation;
(e) medical devices being invasive or coming into direct contact with the body, in so far as there are Community rules on the classification and labelling of dangerous substances and preparations which provide the same level of information and ensuring protection as Directive No 1999 /45/EC of the European Parliament and of the Council of the European Union of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances Preparations (PbEG L 200);
1 This Decision shall enter into force on a date to be determined by Royal Decree.
2 An amendment to Annex VI to the Directive shall apply to the application of Article 3, first paragraph, second subparagraph , below Article 2, second paragraph In effect from the date of implementation of the amending Directive, unless a ministerial order published in the Official Journal of the European Union provides for a change in time.
3 Our Minister for Health, Welfare and Sport, in agreement with the Minister for Social Affairs and Employment, may propose parts of a change entered into force as referred to in the second paragraph by means of ministerial rules. leave categories of substances to be excluded by the date to be determined.
4 If the Annex to the Directive, referred to in the second paragraph, is amended, Our Minister for Health, Welfare and Sport will make this known in the Dutch Official Gazette. It shall also publish when the amendment enters into force.
5 The decision may be cited as packaging and labelling of environmentally hazardous substances and preparations.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed and copies thereof will be sent to the Council of State.
' s-Gravenhage, 14 October 1987
The Secretary of State for Welfare, Health and Culture,
D. J. D. Dees
The Minister for Housing, Spatial Planning and the Environment,
E. H. T. M. Nipples
The Secretary of State for Social Affairs and Employment,
L. de GraafPublished the twenty-sixth of November 1987
The Minister of Justice,
F. Korthals Altes