Council of the
Brussels, 12 November 2019
'I/A' ITEM NOTE
General Secretariat of the Council
Permanent Representatives Committee/Council
No. Cion doc.:
12919/19 + ADD 1 - C(2019) 7227 final
Commission Delegated Regulation (EU) …/…of 4.10.2019 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, label ing and packaging of substances and
mixtures and correcting that regulation
- Intention not to raise objections to a delegated act
On 4 October 2019, the Commission submitted the above delegated act1
to the Council in
accordance with the procedure set out in Article 290 TFEU and Article 53a of Regulation
(EU) No 1272/20082
on classification, labelling and packaging of substances and mixtures,
amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation
(EC) No 1907/2006.
The delegated act is based on Article 37 (5) and 53 (1) of the above Regulation. The Council
has until 4 December 2019 to object to it.
Council doc.12919/19 + ADD1.
OJ L 353 31.12.2008, p. 1. Article 53a was inserted into this Regulation via Regulation
(EU) 2019/1243 which has introduced the delegation of power to a number of legal
13972/2/19 REV 2
At its Attachés' meeting on 8 November 2019, the Working Party on Technical
Harmonisation concluded that there are no grounds for the Council to object to the
Against this background, the Permanent Representatives Committee could invite the Council
to confirm that the Council has no intention to object to the delegated act, and that the
Commission and the European Parliament are to be informed thereof. This implies that unless
the European Parliament objects to it, the delegated act shall be published and enter into force
in accordance with Art. 53a of Regulation 1272/2008.
During the Working Party meeting of the Attachés on 8 November 2019, only 8 delegations
opposed the delegated act.
13972/2/19 REV 2