—the manufacturer or importer has access to data or other information, as specified in Part 1 of Annex I, that lead to classification in a more severe category compared to the minimum classification. Classification in the more severe category must then be applied,
Minimum classification for a category is indicated by the reference * in the column ‘Classification’ in Table 3.
The reference * can also be found in the column ‘Specific Conc. Limits and M-factors and Acute Toxicity Estimates (ATE)’ where it indicates that the entry concerned had specific concentration limits under Directive 67/548/EEC for acute toxicity. These concentration limits cannot be ‘translated’ into concentration limits under this Regulation, especially when a minimum classification is given. However, when the reference * is shown, the classification for acute toxicity for this entry may be of special concern.