Order Jus/992/2015, Of 29 May, Amending The Order Jus/836/2013, 7 May, Which Regulates The Procedure Of Notification Of High, Low, And Changes Of Toxicological Chips To The Registration Of Chemicals In The...

Original Language Title: Orden JUS/992/2015, de 29 de mayo, por la que se modifica la Orden JUS/836/2013, de 7 de mayo, por la que se regula el procedimiento de notificación de las altas, bajas y modificaciones de fichas toxicológicas al registro de productos químicos del ...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5950

The order JUS/836/2013, 7 may, which regulates the procedure of notification of high, low, and changes of toxicological chips to the registration of chemicals information toxicological of the National Institute of Toxicology and forensic science and liquidation of the rate provided for in the law 10/2012, November 20 which regulates certain rates in the field of the administration of Justice and the National Institute of forensic science and toxicology, established the regulatory channel to importers and intermediate users, which marketed mixtures and substances classified as dangerous, communicate the composition and the chemical identity to this Institute.

In this way are allowed to comply with the provisions of paragraph 1 of article 45 of 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, which amending and repealing directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907 / 2006.

Estimates of the increase in companies and products which must be notified to the concerned Institute, as well as the difficulties encountered in the implementation of the necessary computer procedure for the management of the large number of toxicological chips that have been send by the companies before 1 June 2015 - date that the fulfilment of the obligation of communication - is obliged justify this procedure.

The information transferred in the elaborate label and safety data sheet in accordance in the regulation 453/2010, of the Commission, May 20, 2010, by which modifies Regulation (EC) No. 1907 / 2006 of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (REACH) and substances and title III of Regulation (EC) No. 1272 / 2008 respectively It is the common minimum framework of information necessary to provide toxicological response. All this notwithstanding, in order to have additional information that technically possible to provide a more comprehensive formulation of preventive and curative measures, the provision of the additional information required in the toxicological tab is accurate.

Hence, heard the most representative companies of the sector associations, it articulates a transitional period of communication to the of the toxicological tabs, that in no case will lead to discharge of the products in the database of the toxicology information service, although it will allow companies comply with regulations of communication anti-toxic Centre, without prejudice to the subsequent communication , within the time limits established, through the ordinary procedure.

By virtue, on the proposal of the Ministry of Justice, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State, I have: single article. Modification of the order JUS/836/2013, of 7 may, which regulates the procedure of notification of high, low, and changes of toxicological chips to the registration of chemicals information toxicological of the National Institute of Toxicology and forensic science and liquidation of the rate provided for in the law 10/2012, November 20 which regulates certain rates in the field of the administration of Justice and the National Institute of forensic science and toxicology.

Add a third transitional provision to the order JUS/836/2013, of 7 may, which regulates the procedure of notification of high, low, and changes of toxicological chips to the registration of chemicals information toxicological of the National Institute of forensic science and toxicology, and payment of the fee provided for in the law 10/2012 , with the following wording: «third transitional provision. Transitional system of communication to the National Institute of forensic science and toxicology.

1 is established a transitional period of communication, until the dates referred to in paragraph 3 of this provision, which only affect the communication of registration in the register of chemical products of toxicological information toxicological sheets referred to in article 8.1. to) of this order, communication to be performed during the period following the model of communication approved by the INTCF published on the website of the Portal of the administration of Justice https://www.administraciondejusticia.gob.es/ 2. This transitional period shall apply to importers and intermediate users which marketed mixtures which, pursuant 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, which amending and repealing directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907 / 2006 , (in later CLP Regulation), must notify its chemical composition to the INTCF for the first time before 1 June 2015.

3 the undertakings are obliged to make, subsequently discharged from the toxicological tab in the register of chemical products of toxicological information of the INTCF in the following terms: to) before January 2016: 1 1. The marketed consumer mixtures which are classified as dangerous because of their effects on human health or their physical effects in accordance with the criteria of classification of the CLP regulation.

2 mixtures marketed for professional applications classified as dangerous, according to the CLP regulation due to its effects on human health, on the following classes of hazards: • acute toxicity (oral, dermal and inhalation) categories 1, 2 and 3 • (H300/H301/H310/H311/H330/H331) systemic toxicity: STÖT single and repeated exposure, categories 1 and 2 (H370/H371/H372/H373) • Cutaneous or ocular Corrosion , category 1 (H314/H318) • CMR category 1A, 1B and 2 (H340/H341/H350/H351/H360/H361). Sensitising of skin and respiratory category 1 (H317/H334).

(b) by 1 June 2017 the rest of blends affected by article 45 of the CLP regulation.

4. However, any company may notify voluntarily the INTCF mixtures marketed through the ordinary procedure under this Ministerial order for the notification of high, low, and changes of toxicological chips to the registration of chemical products of toxicological information for the INTCF service regardless of their classification of endangerment.

5 the communication must contain the documents referred to in article 8.1 paragraphs b) and (c)) - label and safety data sheet - and will be subject to the payment of the fees provided for in the law 10/2012, 20 November, to be held at the moment is appropriate to enlist the toxicological tab according to the ordinary procedure established in this Ministerial order payment.

6. this transitional period shall not apply to companies that use the telephone of the toxicological information such as emergency phone service in point 1.4 of the safety data sheets, or in doing so stated on the labels of the mixture.'

Sole final provision. Entry into force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, may 29, 2015.-the Minister of Justice, Rafael Catalá Polo.