Art. 31

02006R1907-20081012 → 02006R1907-20090120

Article 31 Requirements for safety data sheets 1. The supplier of a substance or a preparation mixture shall provide the recipient of the substance or preparation mixture with a safety data sheet compiled in accordance with Annex II: (a) where a substance or preparation mixture meets the criteria for classification as dangerous in accordance with Directives 67/548/EEC or 1999/45/EC; or (b) where a substance is persistent, bioaccumulative and toxic or very persistent and very bioaccumulative in accordance with the criteria set out in Annex XIII; or (c) where a substance is included in the list established in accordance with Article 59(1) for reasons other than those referred to in points (a) and (b). 2. Any actor in the supply chain who is required, under Articles 14 or 37, to carry out a chemical safety assessment for a substance shall ensure that the information in the safety data sheet is consistent with the information in this assessment. If the safety data sheet is developed for a preparation mixture and the actor in the supply chain has prepared a chemical safety assessment for that preparation, mixture, it is sufficient if the information in the safety data sheet is consistent with the chemical safety report for the preparation mixture instead of with the chemical safety report for each substance in the preparation. mixture. 3. The supplier shall provide the recipient at his request with a safety data sheet compiled in accordance with Annex II, where a preparation mixture does not meet the criteria for classification as dangerous in accordance with Articles 5, 6 and 7 of Directive 1999/45/EC, but contains: (a) in an individual concentration of ≥ 1 % by weight for non-gaseous preparations mixtures and ≥ 0,2 % by volume for gaseous preparations mixtures at least one substance posing human health or environmental hazards; or (b) in an individual concentration of ≥ 0,1 % by weight for non-gaseous preparations mixtures at least one substance that is persistent, bioaccumulative and toxic or very persistent and very bioaccumulative in accordance with the criteria set out in Annex XIII or has been included for reasons other than those referred to in point (a) in the list established in accordance with Article 59(1); or (c) a substance for which there are Community workplace exposure limits. 4. The safety data sheet need not be supplied where dangerous substances or preparations mixtures offered or sold to the general public are provided with sufficient information to enable users to take the necessary measures as regards the protection of human health, safety and the environment, unless requested by a downstream user or distributor. 5. The safety data sheet shall be supplied in an official language of the Member State(s) where the substance or preparation mixture is placed on the market, unless the Member State(s) concerned provide otherwise. 6. The safety data sheet shall be dated and shall contain the following headings: 1. identification of the substance/preparation substance/mixture and of the company/undertaking; 2. hazards identification; 3. composition/information on ingredients; 4. first-aid measures; 5. fire-fighting measures; 6. accidental release measures; 7. handling and storage; 8. exposure controls/personal protection; 9. physical and chemical properties; 10. stability and reactivity; 11. toxicological information; 12. ecological information; 13. disposal considerations; 14. transport information; 15. regulatory information; 16. other information. 7. Any actor in the supply chain who is required to prepare a chemical safety report according to Articles 14 or 37 shall place the relevant exposure scenarios (including use and exposure categories where appropriate) in an annex to the safety data sheet covering identified uses and including specific conditions resulting from the application of Section 3 of Annex XI. Any downstream user shall include relevant exposure scenarios, and use other relevant information, from the safety data sheet supplied to him when compiling his own safety data sheet for identified uses. Any distributor shall pass on relevant exposure scenarios, and use other relevant information, from the safety data sheet supplied to him when compiling his own safety data sheet for uses for which he has passed on information according to Article 37(2). 8. A safety data sheet shall be provided free of charge on paper or electronically. electronically no later than the date on which the substance or mixture is first supplied. 9. Suppliers shall update the safety data sheet without delay on the following occasions: (a) as soon as new information which may affect the risk management measures, or new information on hazards becomes available; (b) once an authorisation has been granted or refused; (c) once a restriction has been imposed. The new, dated version of the information, identified as Revision: (date), shall be provided free of charge on paper or electronically to all former recipients to whom they have supplied the substance or preparation mixture within the preceding 12 months. Any updates following registration shall include the registration number.10. Where substances are classified in accordance with Regulation (EC) No 1272/2008 during the period from its entry into force until 1 December 2010, that classification may be added in the safety data sheet together with the classification in accordance with Directive 67/548/EEC. From 1 December 2010 until 1 June 2015, the safety data sheets for substances shall contain the classification according to both Directive 67/548/EEC and Regulation (EC) No 1272/2008. Where mixtures are classified in accordance with Regulation (EC) No 1272/2008 during the period from its entry into force until 1 June 2015, that classification may be added in the safety data sheet, together with the classification in accordance with Directive 1999/45/EC. However, until 1 June 2015, where substances or mixtures are both classified and labelled in accordance with Regulation (EC) No 1272/2008 that classification shall be provided in the safety data sheet, together with the classification in accordance with Directives 67/548/EEC and 1999/45/EC respectively, for the substance, the mixture and its constituents.