5.9.2009 Official Journal of the European Union L2351 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COMMISSION REGULATION (EC) No 790/2009 of 10 August 2009 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classifi- cation, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45EC, and amending Regulation (EC) No 1907/2006 (), and in particu- lar Article 53 thereof, Whereas: Part 3 of Annex VI to Regulation (EC) No 1272/2008 contains two lists of harmonised classification and label- ling of hazardous substances. Table 3.1 lists the harmon- ised classification and labelling of hazardous substances based on the criteria set out in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008. Table 3.2 lists the harmo- nised classification and labelling of hazardous substances based on the criteria set out in Annex VI to Council Direc- tive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2). These two lists need to be amended to include updated classifications for substances already sub- ject to harmonised classification and to include new har- monised classifications. In addition, it is necessary to delete entries for certain substances. (1) OJ L 353, 31.12.2008, p. 1. () 0] 196, 16.8.1967, p. 1. 2 It is necessary to amend Annex VI to Regulation (EC) No 1272/2008 in order to reflect the recently adopted amendments to Annex I to Directive 67/548/EEC intro- duced by Commission Directive 2008/58/EC of 21 August 2008 amending, for the purpose of its adaptation to technical progress, for the 30™ time, Council Directive 67/548/EEC (*) and by Commission Directive 2009/2/EC of 15 January 2009 amending for the purpose of its adap- tation to technical progress, for the 31° time, Council Directive 67/548/EEC (). Those measures constitute adap- tations to technical and scientific progress within the meaning of Article 53 of Regulation (EC) No 1272/2008. Recital (53) of Regulation (EC) No 1272/2008 underlines the fact that full account should be taken of the work and experience accumulated under Directive 67/548/EEC, including the classification and labelling of specific sub- stances listed in Annex I to that Directive. The harmonised classifications set out in Part 3 of Annex VI to Regulation EC (No) 1272/2008, as amended by this Regulation, should not apply immediately, as a cer- tain period of time will be necessary to allow operators to adapt the labelling and packaging of substances and mix- tures to the new classifications. In addition a certain period of time will be necessary to allow operators to comply with registration obligations that are a consequence of the new harmonised classifications for substances classified as carcinogenic, mutagenic or toxic to reproduction, categories 1A and 1B (Table 3.1) and categories 1 and 2 (Table 3.2), or as very toxic to aquatic organisms which may causelong term effects in the aquatic environment, in particular with those set out in Article 23 of Regula- tion (EC) No 1907/2006 of the European Parliament () OJ L 246, 15.9.2008, p. 1 (%) OJL 11, 16.1.2009, p. 6.