ANNEX IISupplementary provisions
ANNEX II Annex II to Regulation (EC) No 1272/2008 is amended as follows: (1) in Part 3, the following section is added: ‘3.4. Supply via refill stations When hazardous substances or mixtures are supplied in accordance with Article 35(2a), the supplier shall ensure that the following conditions are met: (a) the refill station carries labels corresponding to the labels for each hazardous substance or mixture supplied at the station; (b) the labels on the refill station are firmly affixed horizontally on a visible place and fulfil the requirements in Article 31(2), (3) and (4) mutatis mutandis; (c) risk mitigation measures are applied to minimise the exposure of humans, especially of children, and of the environment; (d) measures are taken to prevent uncontrolled use of the refill station by children; (e) at the moment of refill, the supplier is available on site for maintenance and immediate assistance, including emergency assistance; (f) refill stations can be operated outdoors and outside business hours only if immediate assistance can be provided; (g) the substances or mixtures provided through a refill station do not react with each other in a way that could endanger clients or staff; (h) staff of the supplier are appropriately trained to minimise safety risks to consumers, professional users and themselves; (i) for every refilled package, the requirements on hazard communication in the form of labelling set out in Title III of this Regulation are fulfilled; (j) for every refilled package the requirements on packaging set out in Title IV of this Regulation are fulfilled; (k) hazardous substances or mixtures are not provided at a refill station if the criteria for classification in any of the following hazard classes or differentiations are met: (i) acute toxicity, any category; (ii) specific target organ toxicity – Single exposure, any category; (iii) specific target organ toxicity – repeated exposure, any category; (iv) skin corrosion, category 1, any sub-category; (v) serious eye damage category 1; (vi) respiratory sensitisation, any category; (vii) skin sensitisation, any category; (viii) aspiration hazard; (ix) germ cell mutagenicity, any category; (x) carcinogenicity, any category; (xi) reproductive toxicity, any category; (xii) flammable gases, any category; (xiii) flammable liquids, categories 1 and 2; (xiv) flammable solids, any category; (xv) endocrine disruption for human health, any category.; (xvi) endocrine disruption for the environment, any category; (xvii) persistent, bioaccumulative and toxic; (xviii) very persistent and very bioaccumulative; (xix) persistent, mobile and toxic; (xx) very persistent and very mobile. By way of derogation from point (a), a single label on the refill station may be used for several substances or mixtures for which the label elements referred to in Article 17(1) are identical, provided that the label clearly indicates the name of each substance or mixture that it applies to.’; (2) Part 5 is replaced by the following: ‘PART 5: HAZARDOUS SUBSTANCES AND MIXTURES TO WHICH ARTICLE 29(3) APPLIES Ready mixed cement and concrete in the wet state shall be accompanied by a copy of the label elements in accordance with Article 17. For a substance or a mixture supplied at a filling station and directly pumped into a receptacle that forms an integral part of a vehicle and from where the substance or mixture is normally not intended to be removed, the label elements referred to in Article 17 shall be provided on a visible place on the respective pump. When vehicle fuels are supplied at a filling station through pumping into portable receptacles designed to be used for fuels, a physical copy of the label elements referred to in Article 17 shall, in addition to the visible place on the pump, also be provided to be attached to the receptacle.’.