REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council, in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures

8.10.2013 - (COM(2013)0102 – C7‑0047/2013 – 2013/0062(COD)) - ***I

Committee on Employment and Social Affairs
Rapporteur: Sari Essayah

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council, in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures

(COM(2013)0102 – C7‑0047/2013 – 2013/0062(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0102),

–   having regard to Article 294(2) and Article 153(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0047/2013),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 17 April 2013[1],

–   after consulting the Committee of the Regions,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs (A7-0319/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Proposal for a directive Recital 1
Text proposed by the Commission	Amendment
(1) According to Article 153 of the Treaty, the European Parliament and the Council may adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the health and safety of workers. Such directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.	(1) According to Article 153 of the Treaty, the European Parliament and the Council may adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the health and safety of workers. Such directives shall avoid holding back the creation and development of small and medium-sized undertakings and their potential to create jobs. Good health and safety standards should not be seen as constraints, since they are fundamental rights and should be applied without exception to all sectors of the labour market and all types of undertakings regardless of their size.
Amendment  2 Proposal for a directive Recital 5
Text proposed by the Commission	Amendment
(5) Those amendments are necessary to ensure the continued effectiveness of the above-mentioned Directives.	(5) Those amendments are necessary to ensure the continued effectiveness of the five directives referred to in Recital (4). They do not change the scope of those directives nor do they reduce the level of protection of workers that they provide. However, in view of on-going technological progress all five Directives should be subject to periodic review in order to ensure coherent legislation and a proper level of health and safety protection when hazardous chemical substances and mixtures are present in the working environment. Further attention should be paid to employees within professions where there is daily contact with substances and mixtures, often without adequate protection.
Amendment  3 Proposal for a directive Recital 7
Text proposed by the Commission	Amendment
(7) In accordance with Article 154 of the Treaty, the Commission consulted the social partners on the possible direction of Union action in this field.	(7) In accordance with Article 154 of the Treaty, the Commission consulted the social partners on the possible direction of Union action in this field and the social partners indicated that explanatory guidance in particular for SMEs would be useful.
Amendment  4 Proposal for a directive Article 1 – point 3 – point a Directive 92/58/EEC Annex III – Section 1
Text proposed by the Commission Amendment 1. Containers used at work for chemical substances or mixtures classified as hazardous according to the criteria for any of the hazard classes or categories 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F, 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10 in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, and containers used for the storage of such hazardous substances or mixtures, together with the visible pipes containing or transporting hazardous substances and mixtures, must be labelled with appropriate pictograms in accordance with that Regulation 1. Containers used at work for chemical substances or mixtures classified as hazardous according to the criteria for any of the hazard classes or categories 2.1 to 2.16, 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10 in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, and containers used for the storage of such hazardous substances or mixtures, together with the visible pipes containing or transporting hazardous substances and mixtures, must be labelled with appropriate pictograms in accordance with that Regulation.   The first paragraph does not apply to containers used at work for brief periods or to containers whose contents change frequently, unless alternative adequate measures are taken, in particular for information and/or training, which guarantee the same level of protection.   The labels referred to in paragraph 1 may be:   – replaced by warning signs set out in Annex II, using the same pictograms or symbols,   – supplemented by additional information, such as the name and/or formula of the hazardous substance or mixture and details of the hazard,   – in connection with the transporting of containers at the place of work, supplemented or replaced by signs applicable throughout the Union for the transport of hazardous substances or mixtures.
Justification
All label elements, like GHS pictograms, included in Regulation (EC) No 1272/2008 for all classes and categories should be included. It seems that in the Commission proposal paragraphs 2 and 3 are unintentionally dropped. This amendment restores those paragraphs and adjusts the terminology: "mixtures" instead of "preparations", "hazardous" instead of "dangerous" and "Union" instead of "Community".
Amendment  5 Proposal for a directive Article 2 – point 2 Directive 92/85/EEC Annex I – section A – point 3 – point a
Text proposed by the Commission Amendment (a) chemical agents labelled as carcinogen category 1A, 1B, germ cell mutagen category 1A or 1B, toxic to reproduction category 1A or 1B, or toxic to reproduction with effects on or via lactation in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures in so far as they do not yet appear in Annex II; (a) chemical agents classified as carcinogen category 1A, 1B, germ cell mutagen category 1A or 1B, toxic to reproduction category 1A or 1B, or toxic to reproduction with effects on or via lactation in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures in so far as they do not yet appear in Annex II;
Justification
Before being labelled as belonging to a category, chemical agents should be classified as belonging to that category.
Amendment  6 Proposal for a directive Article 3 – point 2 – point a – second indent Directive 94/33/EC Annex – section I – point 3 – point a
Text proposed by the Commission Amendment - skin corrosion, category 1A, 1B, 1C - skin corrosion, subcategories 1A, 1B, 1C
Justification
Regulation 1272/2008 applies here a division into subcategories
Amendment  7 Proposal for a directive Article 3 – point 2 – point a – fifth indent Directive 94/33/EC Annex – section I – point 3 – point a
Text proposed by the Commission Amendment - explosive, category “unstable explosive”, or divisions 1.1, 1.2, 1.3, 1.5 - explosive, category “unstable explosive”, or divisions 1.1, 1.2, 1.3, 1.4, 1.5
Justification
There is no reason to exclude 1.4.. According to 94/33/EC Article 7 paragraph 2 point (d) young people should be protected from "work involving risk of accidents which it may be assumed cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training".
Amendment  8 Proposal for a directive Article 3 – point 2 – point a – indent (new) Directive 94/33/EC Annex – section I – point 3 – point a
Text proposed by the Commission Amendment   - self-reactive substances and mixtures type A and B
Justification
According to 94/33/EC Article 7 paragraph 2 point (d) young people should be protected from "work involving risk of accidents which it may be assumed cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training". Taking into account the 94/33/EC Annex par 3 (a) reference (toxic, corrosive or explosive), self-reactive substances type A and B may cause explosion according to the Regulation Annex I, 2.8.3.
Amendment  9 Proposal for a directive Article 3 – point 2 – point a – indent (new) Directive 94/33/EC Annex – section I – point 3 – point a
Text proposed by the Commission Amendment   - organic peroxides type A and B
Justification
According to 94/33/EC Article 7 paragraph 2 point (d) young people should be protected from "work involving risk of accidents which it may be assumed cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training". Taking into account the 94/33 Annex par 3 (a) reference (toxic, corrosive or explosive), organic peroxides may cause explosion according to the Regulation Annex I, 2.15.3.
Amendment  10 Proposal for a directive Article 3 – point 2 – point a –seventh indent Directive 94/33/EC Annex – section I – point 3 – point a
Text proposed by the Commission Amendment - specific target organ toxicity (repeat exposure), category 1 - specific target organ toxicity (repeated exposure), categories 1 and 2
Justification
According to 94/33/EC Article 7 par 2 point (d) young people should be protected from "work involving risk of accidents which it may be assumed cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training". Taking into account the 94/33 Annex par 3 (a) reference (toxic, corrosive or explosive), specific target organ toxicity (repeated exposure) category 2 has significant toxic effects according to Regulation Annex I, 3.9.2.
Amendment  11 Proposal for a directive Article 3 – point 2 – point a - eighth indent Directive 94/33/EC Annex – section I – point 3 – point a
Text proposed by the Commission Amendment - respiratory sensitiser, category 1 - respiratory sensitiser, categories 1A and 1B
Justification
In order to be in line with the other wordings proposed by the Commission.
Amendment  12 Proposal for a directive Article 3 – point 2 – point a –ninth indent Directive 94/33/EC Annex – section I – point 3 – subpoint a
Text proposed by the Commission Amendment - skin sensitiser, category 1 - skin sensitiser, categories 1A and 1B
Justification
In order to be in line with the other wordings proposed by the Commission.
Amendment  13 Proposal for a directive Article 4 – point 1 – point a Directive 98/24/EC Article 2 – point b – point i
Text proposed by the Commission Amendment (i) any chemical agent which meets the criteria laid down in Regulation 1272/2008 for classification within any of the hazard classes or categories 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F, 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10, whether or not that chemical agent is classified under that Regulation; (i) any chemical agent which meets the criteria laid down in Regulation 1272/2008 for classification within any of the hazard classes or categories 2.1 to 2.4, 2.6 to 2.15 types A to F, 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10, whether or not that chemical agent is classified under that Regulation;
Justification
In Regulation 1272/2008 self-reactive substances and mixtures (2.8) types C&D, E&F may cause fire when heated, oxidising liquids (2.13) category 3 may intensify fire, and oxidising solids (2.14) category 3 may intensify fire, therefore they should be included in the list of hazardous chemical agents.
Amendment  14 Proposal for a directive Article 4 – point 1 – point c Directive 98/24/EC Article 2 – point b – point (iii)
Text proposed by the Commission Amendment (iii) any chemical agent which, whilst not meeting the criteria for classification as hazardous in accordance with (i) may, because of its physical, chemical or toxicological properties and the way it is used or is present in the workplace, present a risk to the safety and health of workers, including any chemical agent assigned an occupational exposure limit value under Article 3. (iii) any chemical agent which, whilst not meeting the criteria for classification as hazardous in accordance with (i) may, because of its physicochemical, chemical or toxicological properties and the way it is used or is present in the workplace, present a risk to the safety and health of workers, including any chemical agent assigned an occupational exposure limit value under Article 3.
Justification
Directive 98/24 uses terms physico-chemical, chemical or toxicological properties.
Amendment  15 Proposal for a directive Article 5 – point 2 a (new) Directive 2004/37/EC Article 4 – paragraph 1
Text proposed by the Commission Amendment   (2a) In Article 4(1), the word "preparation" is replaced by the word "mixture".
Justification
Regulation 1272/2008 consistently uses "mixtures" instead of "preparations".
Amendment  16 Proposal for a directive Article 5 – point 2 b (new) Directive 2004/37/EC Article 5 – paragraph 2
Text proposed by the Commission Amendment   (2b) In Article 5(2) the word "preparation" is replaced by the word "mixture";
Justification
Regulation 1272/2008 consistently uses "mixtures" instead of "preparations".
Amendment  17 Proposal for a directive Article 5 – point 2 c (new) Directive 2004/37/EC Article 6 – point b
Text proposed by the Commission Amendment   (2c) In point (b) of Article 6, the word "preparations" is replaced by the word "mixtures".
Justification
Regulation 1272/2008 consistently uses "mixtures" instead of "preparations".
Amendment  18 Proposal for a directive Article 5 – point 2 d (new) Directive 2004/37/EC Annex I – title
Text proposed by the Commission Amendment   (2d) In the title of Annex I, the word "preparations" is replaced by the word "mixtures".
Justification
Regulation 1272/2008 consistently uses "mixtures" instead of "preparations".
Amendment  19 Proposal for a directive Article 6 – paragraph 1 – subparagraph 1
Text proposed by the Commission	Amendment
Member States shall bring into force, by […] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.	Member States shall bring into force, by 1st June 2015 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Justification
According to the Article 61.1. in Regulation 1272/2008 "until 1. June 2015, mixtures shall be classified, labelled and packaged in accordance with Directive 1999/45/EC". It would be the clearest solution to stick to that date.

• [1]  OJ C 0, 0.0.0000, p. 0. Not yet published in the Official Journal.

EXPLANATORY STATEMENT

Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging (CLP) of substances and mixtures aligns the existing EU legislation to the GHS, which is a United Nations system for identifying hazardous chemicals and informing users about the related hazards by means of standard symbols and phrases on packaging labels, and safety data sheets. Following the adoption of this CLP Regulation there emerged a need to make technical adaptations to the five Directives (92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and 2004/37/EC) containing references to EU chemical classification and labelling legislation.

The alignment of references and terminology of the five Directives to correspond that of CLP Regulation does not necessitate any changes to the scope or level of protection provided by these Directives, nor does your Rapporteur consider it advisable to enter into such a process at this stage. Therefore the amendments to the five Directives proposed by the Commission are purely technical in nature as are those included in this draft report. However, it is clear that all the five Directives should be revisited as soon as possible in order to provide a coherent legislation and a proper level of health and safety protection when hazardous chemical substances and mixtures are present in the working environment.

PROCEDURE

Title	Amendment of Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and 2004/37/EC in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures
References	COM(2013)0102 – C7-0047/2013 – 2013/0062(COD)
Date submitted to Parliament	26.2.2013
Committee responsible        Date announced in plenary	EMPL 12.3.2013
Committee(s) asked for opinion(s)        Date announced in plenary	ENVI 12.3.2013	ITRE 12.3.2013	IMCO 12.3.2013
Not delivering opinions        Date of decision	ENVI 21.3.2013	ITRE 18.3.2013	IMCO 24.4.2013
Rapporteur(s)        Date appointed	Sari Essayah 17.4.2013
Discussed in committee	19.6.2013	25.9.2013
Date adopted	26.9.2013
Result of final vote	+: –: 0:	35 3 0
Members present for the final vote	Regina Bastos, Edit Bauer, Heinz K. Becker, Jean-Luc Bennahmias, Pervenche Berès, Vilija Blinkevičiūtė, Philippe Boulland, David Casa, Alejandro Cercas, Ole Christensen, Derek Roland Clark, Minodora Cliveti, Emer Costello, Frédéric Daerden, Sari Essayah, Richard Falbr, Danuta Jazłowiecka, Ádám Kósa, Jean Lambert, Verónica Lope Fontagné, Olle Ludvigsson, Thomas Mann, Csaba Őry, Sylvana Rapti, Elisabeth Schroedter, Joanna Katarzyna Skrzydlewska, Jutta Steinruck, Ruža Tomašić, Traian Ungureanu
Substitute(s) present for the final vote	Françoise Castex, Philippe De Backer, Liisa Jaakonsaari, Anthea McIntyre, Ria Oomen-Ruijten, Evelyn Regner, Birgit Sippel, Csaba Sógor, Tatjana Ždanoka
Date tabled	8.10.2013