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Dangerous Preparations Directive recast

03/04/2012

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Belgium

Dangerous Preparations Directive recast

EU Regulatory Bulletin contents

 

The European Commission, on 26 January 2012, adopted a proposal for a Directive of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations. It will recast Directive 1999/45/EC(1) relating to the classification, packaging and labelling of dangerous preparations, also known as the Dangerous Preparations Directive ("DPD").
  

Background

1. The existing EU requirements for the classification, labelling and packaging of hazardous chemical substances and mixtures placed on the EU market are set out in two separate, but interconnecting, directives:

a) Directive 67/548/EEC(2) relating to the classification, packaging and labelling of dangerous substances, also known as the Dangerous Substances Directive ("DSD"); and

b) Directive 1999/45/EC relating to the classification, packaging and labelling of dangerous preparations, also known as the Dangerous Preparations Directive ("DPD").

2. The DSD and DPD require manufacturers, suppliers and retailers of dangerous chemicals to the EU market to provide standard information to consumers by labelling and packaging. 

Recast

3. Recasting consists of the adoption of a new legal act which incorporates, in a single text, both the substantive amendments which it makes to an earlier act and the unchanged provisions of that act. The new legal act replaces and repeals the earlier act.  Recasting removes the need for a special codification procedure to integrate substantial amendments into the basic legal act.

4. On 1 April 1987 the European Commission decided that all acts should be codified after no more than ten amendments and ideally sooner, to ensure that their provisions are clear and readily understandable(3).

5. Codification is the process of bringing together a legislative act and all its amendments in a single new act.  The new act passes through the full legislative process and replaces the acts being codified.

6. Directive 1999/45/EC has been substantially amended several times and the Commission had intended to codify it, but in the meantime the Treaty on the Functioning of the European Union ("TFEU") entered into force.  Article 290 of TFEU allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act.  Acts adopted by the Commission in this way are referred to in the terminology used by the TFEU as "delegated acts" (Article 290(3)).

7. Directive 1999/45/EC contains a provision with regard to which such a delegation of power would be opportune, according to the Commission, and it was therefore appropriate to transform the codification of Directive 1999/45/EC, into a recast in order to incorporate the necessary amendments.

8. The Commission felt that the approximation of the rules existing in the Member States relating to classification, packaging and labelling of certain dangerous preparations was essential for setting equal competition conditions and the functioning of the internal market.  The amendments have been made to bring Directive 1999/45/EC in line with the provisions in other legislation such as REACH and the CLP Regulation (see below) and also to make it consistent with the various amendments that have been made to Directive 67/548/EEC.

9. Some of the areas brought into line with other legislation include provisions relating to animal testing, explosives, plant protection and biocides. 

Classification, Labelling and Packaging of Chemical Substances

10. The Globally Harmonized System of Classification and Labelling of Chemical Substances ("GHS") is a UN-led global system to harmonise and simplify the identification of substances and their potentially hazardous qualities across the world.  The GHS is implemented in the EU by the classification, labelling and packaging of chemical substances ("CLP") regime(4).

11. Under transitional arrangements, the CLP Regulation will gradually replace the DSD and DPD and is intended to work hand-in-hand with the REACH(5) regime in relation to notification, registration and enforcement. 

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(1) Council Directive 1999/45/EC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations, 31 May 1999

(2) Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, 27 June 1967

(3)  COM(87) 868 PV.

(4) Regulation (EC) No 1272/2008 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 (CLP Regulation), OJ L 353, 31 December 2008, p. 1

(5) Regulation (EC) 1907/2006 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, OJ L 396, p1

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