Commercial Information Circulars

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e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/6/14

30 January 2009

Dear Sirs,

Commercial Information Circular No. 57/2009

European Union (EU) * : Classification, Labelling and Packaging of Substances and Mixtures

The European Parliament and the Council of the European Union has recently adopted a Regulation concerning the classification, labeling and packaging of substances and mixtures. Details are set out in Regulation (EC) No. 1272/2008 (the Regulation), which can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:353:0001:1355:EN:PDF

DETAILS

2. The Regulation aims at harmonising the criteria for classification of substances and mixtures, and the rules on labelling and packaging for hazardous substances and mixtures. According to the Regulation, manufacturers, importers and downstream users are obliged to classify, label and package substances and mixtures placed on the market. Manufacturers, producers and importers of articles are also required to classify the substances subject to the registration or notification requirements under REACH.

3. Major provisions of the Regulation include:

   1. Hazard classification - manufacturers, importers and downstream users of a substance/mixture shall ascertain the hazards (e.g. physical, health or environmental hazard, etc.) associated with the substance or mixture in accordance with the procedures and criteria set out in Title II of the Regulation;

   2. Hazard communication in the form of labelling - a substance or mixture classified as hazardous and contained in packaging shall bear a label including the information specified in Title III of the Regulation;

   3. Packaging - packaging containing hazardous substances or mixtures shall satisfy the requirements set out in Title IV of the Regulation;

   4. Classification and labelling inventory - the European Chemicals Agency will establish and maintain a classification and labelling inventory in the form of a database. This inventory will include, among other things, information submitted as part of registrations under REACH and the harmonised classification and labelling at Community level.

4. The classification, labelling and packaging requirements stipulated in this Regulation shall be implemented from 1 December 2010 for substances and 1 June 2015 for mixtures. The original Directives 67/548/EEC on the classification, packaging and labelling of dangerous substances and 1999/45/EC for dangerous preparations shall be repealed from 1 June 2015.

5. Subsequent to the adoption of this Regulation, certain legislations making reference to Directives 67/548/EEC and 1999/45/EC are thus revised. Details are set out in Directive 2008/112/EC and Regulation (EC) No. 1336/2008, which can be accessed through the following links:

   http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:345:0068:0074:EN:PDF
   http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:354:0060:0061:EN:PDF

ENQUIRIES

6. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5556.

Yours faithfully,

(Miss Peggy LEUNG)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.