L 329/100 Official Journal of the European Communities 22.12.1999 COMMISSION DECISION of 26 October 1999 on the national provisions concerning mineral wool notified by Germany derogating from Directive 97/69/EC adapting to technical progress for the 23rd time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (notified under document number C(1999) 3490) (Only the German text is authentic) (Text with EEA relevance) (1999/836/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: ey I. THE FACTS 1. Community legislation Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(!), as last amended by Directive 1999/33/EC of the European Parliament and the Council(?), contains a list of dangerous substances displaying the harmonised classification and labelling that apply to such substances. All manufacturers, importers or distributors are required to use the harmonised classification and labelling when placing a dangerous substance on the Community market. The list is regularly updated to take account of the continuous increase in scientific and technical knowledge. This is done by revising specific entries in the list and by adding new entries to the list. The foreword to Annex I describes particular aspects of the list of dangerous substances such as the interpretation of notes that may be added to specific entries. The foreword is also updated when necessary. Updates of Annex I are adopted by adaptations to technical progress in accordance with Article 28 of Directive 67/548/EEC. Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress for the 23rd time Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the () 0] 196, 16.8.1967, p. 1. () OJL 199, 30.7.1999, p. 57. classification, packaging and labelling of dangerous substances (}) was adopted on 5 December 1997. The latest date for Member States to comply with this was 16 December 1998. Inter alia, the 23rd adaptation introduced: — a general entry on mineral wool into the list of dangerous substances in Annex [, — a specific Note Q relating to mineral wool into the foreword to Annex L. The draft for the 23rd adaptation was discussed for more than seven years among the Commission, Member State experts such as the Commission Working Group on Classification and Labelling — Health Effects, and experts from the industry involved. The results of these in-depth discussions were taken into account when drafting the draft. Member States delivered a favourable opinion when voting on the draft, with the exception of Germany who voted against. The general entry on mineral wool defines mineral wool as consisting of man-made vitreous (silicate) fibres with random orientation with an alkaline oxide and an alkaline earth oxide content greater than 18 % by weight. All mineral wools are classified as: — carcinogenic, category 3, risk phrase R 40; and irritant; symbol Xi, R 38, — or labelled with the symbol Xn, R 38-40, safety phrases S (2-)36/37. An exception to this general entry would be a specific wool which was given an individual entry in Annex L The general entry exempts any such possible individual entries by using the descriptor ‘with the exception of those specified elsewhere in this Annex'. () OJ L 343, 13.12.1997, p. 19.