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Article 55: Amendments to Directive 67/548/EEC

Directive 67/548/EEC shall be amended as follows:
1. in Article 1(2), the second subparagraph shall be deleted;
2. Article 4 shall be amended as follows:
(a) paragraph 3 shall be replaced by the following:

‘3.  Where an entry containing the harmonised classification and labelling for a particular substance has been included in Part 3 of Annex VI 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 ( *1 ), the substance shall be classified in accordance with that entry and paragraphs 1 and 2 shall not apply to the danger categories covered by that entry.

(b) paragraph 4 shall be deleted;
3. Article 5 shall be amended as follows:
(a) paragraph 1, second subparagraph shall be deleted;
(b) paragraph 2 shall be replaced by the following:
‘2.  The measures in the first subparagraph of paragraph 1 shall apply until the substance is listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the danger categories covered by that entry or until a decision not to list it has been taken in accordance with the procedure laid down in Article 37 of Regulation (EC) No 1272/2008.’;
4. Article 6 shall be replaced by the following:

‘Article 6

Obligation to carry out investigations
Manufacturers, distributors and importers of substances which appear in the EINECS but for which no entry has been included in Part 3 of Annex VI to Regulation (EC) No 1272/2008 shall carry out an investigation to make themselves aware of the relevant and accessible data which exist concerning the properties of such substances. On the basis of this information, they shall package and provisionally label dangerous substances according to the rules laid down in Articles 22 to 25 of this Directive and the criteria in Annex VI to this Directive.’;
5. Article 22(3) and (4) shall be deleted;
6. Article 23(2) shall be amended as follows:
(a) in point (a), the words ‘Annex I’ shall be replaced by ‘Part 3 of Annex VI to Regulation (EC) No 1272/2008’;
(b) in point (c), the words ‘Annex I’ shall be replaced by ‘Part 3 of Annex VI to Regulation (EC) No 1272/2008’;
(c) in point (d), the words ‘Annex I’ shall be replaced by ‘Part 3 of Annex VI to Regulation (EC) No 1272/2008’;
(d) in point (e), the words ‘Annex I’ shall be replaced by ‘Part 3 of Annex VI to Regulation (EC) No 1272/2008’;
(e) in point (f), the words ‘Annex I’ shall be replaced by ‘Part 3 of Annex VI of Regulation (EC) No 1272/2008’;
7. Article 24(4) second subparagraph shall be deleted;
8. Article 28 shall be deleted;
9. Article 31(2) and (3) shall be deleted;
10. the following Article shall be inserted after Article 32:

‘Article 32a

Transitional provision regarding labelling and packaging of substances
Articles 22 to 25 shall not apply to substances from 1 December 2010.’;
11. Annex I shall be deleted.