Directive 1999/45/EC of the European Parliament and of the Council (repealed)Show full title

Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (repealed)

Article 5U.K.Evaluation of the hazards deriving from physico-chemical properties

1.The hazards of a preparation deriving from its physico-chemical properties shall be assessed by determining, by means of the methods specified in Part A of Annex V to Directive 67/548/EEC, the physico-chemical properties of the preparation necessary for appropriate classification and labelling in accordance with the criteria laid down in Annex VI to that Directive.

2.By way of derogation from paragraph 1:

the determination of the explosive, oxidising, extremely flammable, highly flammable, or flammable properties is not necessary provided that:

  • none of the constituents possesses such properties and that, on the basis of the information available to the manufacturer, the preparation is unlikely to present hazards of this kind,

  • in the event of a change in the composition of a preparation of known composition, scientific evidence indicates that a reassessment of the hazards will not lead to a change in classification,

  • preparations placed on the market in the form of aerosols satisfy the provisions of Article 9a of Directive 75/324/EEC(1).

3.For certain cases for which the methods laid down in Part A of Annex V to Directive 67/548/EEC are not appropriate, alternative calculation methods are laid down in Part B of Annex I to this Directive.

4.Certain exemptions from the application of the methods laid down in Part A of Annex V to Directive 67/548/EEC are referred to in Part A of Annex I to this Directive.

5.The hazards deriving from the physico-chemical properties of a preparation covered by Directive 91/414/EEC shall be assessed by determining the physico-chemical properties of the preparation necessary for appropriate classification in accordance with the criteria set out in Annex VI to Directive 67/548/EEC. These properties shall be determined by means of the methods laid down in Part A of Annex V to Directive 67/548/EEC unless other internationally recognised methods are acceptable in accordance with the provisions of Annexes II and III to Directive 91/414/EEC.

(1)

OJ L 147, 9.6.1975, p. 40. Directive as last amended by Directive 94/1/EC (OJ L 23, 28.1.1994, p. 28).