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What it regulates
Approved the former notification, classification, packaging and labelling regime for dangerous substances, referenced by many prevention rules. This sheet explains those antecedents without presenting historical symbols, categories or safety data sheet rules as the current regime.
Who it applies to
Historical and transitional selection relevant to identifying and communicating chemical hazards at work. Administrative environmental cooperation in additional provision 4 is mentioned only to explain why the entire decree should not be labelled repealed.
Key provisions
Former definitions and categories explain historical references in OSH rules but do not replace the hazard classes, categories and statements under current CLP. Converting categories requires attention to the destination rule and its amendments.
Article 2The 2008 amendment aligned the regulation with REACH, linked testing to article 13 of that European regulation and deleted extensive parts of the old notification system. The original 1995 title alone does not describe the content applicable after that reform.
Article 3Articles 18–21 remain useful for reconstructing former packaging and labelling rules. The sole transitional provision of RD 717/2010 makes them inapplicable to substances from 1 December 2010 because CLP becomes mandatory; they must not be used today to require black symbols on an orange background.
Article 19Former article 23 on safety data sheets and its annex XI were deleted in 2008. Deletion does not remove the need for safety information: the European REACH regime and professional-use prevention duties must be followed.
Article 23Law 8/2010 repealed specified paragraphs of article 28 and established the REACH/CLP sanction regime. Partial repeal of that article must be distinguished from an automatic total repeal of this decree, which did not occur.
Article 28History and versions
Initial publication: 05/06/1995 · Initial entry into force: 06/06/1995
BOE-A-1995-13535Published on 5 June 1995 and effective from 6 June 1995. All eighteen subsequent relationships are retained: technical adaptations, the 2008 REACH reform, CLP transition and partial repeals in 2010, and additional provision 4 in 2017. The historical nature of much of the regime is stated without inventing a total repeal.
Order of 13 September 1995 amends annex I.
BOE-A-1995-20998Order of 21 February 1997 amends annex I.
BOE-A-1997-5149RD 700/1998 amends article 19.1.f and g on labelling.
BOE-A-1998-10726Order of 30 June 1998 amends annexes I, III, V and VI.
BOE-A-1998-16039Order of 11 September 1998 amends annexes I and V.
BOE-A-1998-21829Order of 8 January 1999 classifies magnesium hexafluorosilicate under the article 27 mechanism; historical classification.
BOE-A-1999-851Order of 16 July 1999 amends annexes I and V.
BOE-A-1999-16240Order of 5 October 2000 amends annexes I, III, IV and VI.
BOE-A-2000-18244Order of 5 April 2001 amends annexes I, IV, V, VI and IX.
BOE-A-2001-7617RD 507/2001 amends article 13.1 of the former notification system.
BOE-A-2001-9096Order PRE/2317/2002 amends annexes I–VIII.
BOE-A-2002-18438RD 99/2003 amends article 23.1 and annex XI on safety data sheets, before their deletion in 2008.
BOE-A-2003-2211RD 255/2003 repeals the first additional provision.
BOE-A-2003-4376Order PRE/1244/2006 amends annexes I and V.
BOE-A-2006-7581RD 1802/2008 adapts the regulation to REACH, changes its name and deletes, among other provisions, articles 4, 7–17 and 23 and annexes of the former system; it refers testing to the European regime.
BOE-A-2008-17630Law 8/2010 repeals specified parts of the article 28 sanction regime; part of the repeal takes effect on 1 December 2010. It does not repeal the entire article or decree.
BOE-A-2010-5293RD 717/2010 amends articles 5, 6.2 and 19 and deletes annex I. Its sole transitional provision makes articles 18–21 inapplicable to substances from 1 December 2010 when CLP becomes mandatory.
BOE-A-2010-9104RD 773/2017 adds additional provision 4 on administrative cooperation in environmental quality. It does not revive the former labelling system or establish a new occupational classification of substances.
BOE-A-2017-10054Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 05/06/1995 | 06/06/1995 | BOE-A-1995-13535 | Article 2, Article 3, Article 5, Article 6, Article 18, Article 19, Article 20, Article 21, Article 23, Article 28 |
| 08/05/1998 | 09/05/1998 | BOE-A-1998-10726 | Article 19 |
| 04/02/2003 | 05/02/2003 | BOE-A-2003-2211 | Article 23 |
| 04/11/2008 | 05/11/2008 | BOE-A-2008-17630 | Article 2, Article 3, Article 6, Article 23 |
| 01/04/2010 | 02/04/2010 | BOE-A-2010-5293 | Article 28 |
| 08/06/2010 | 09/06/2010 | BOE-A-2010-9104 | Article 5, Article 6, Article 19 |
Transitional provisions and application notes
CLP repealed Directives 67/548/EEC and 1999/45/EC from 1 June 2015 and established its own transitions. Those milestones do not amount to a literal complete repeal of RD 363/1995, nor permit continued use of old labelling today because it appears in a consolidated text.
Official referenceAdditional provision 4 introduced in 2017 concerns environmental cooperation between administrations. It is retained as legal-status context without developing environmental duties outside OSH or attributing any revival of former categories to it.
Additional provision fourthFor a current occupational exposure assessment, check the current classification and safety data sheet, RD 374/2001 and, where applicable, RD 665/1997. A historical classification alone does not establish the risk or suitable measures for the current job.
Article 23
Official BOE legal relationships
This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.
Official BOE legal relationshipsOfficial sources
- BOE-A-1995-13535
- BOE-A-1995-13535
- ELI identifier
- BOE-A-1995-20998
- BOE-A-1997-5149
- BOE-A-1998-10726
- BOE-A-1998-16039
- BOE-A-1998-21829
- BOE-A-1999-851
- BOE-A-1999-16240
- BOE-A-2000-18244
- BOE-A-2001-7617
- BOE-A-2001-9096
- BOE-A-2002-18438
- BOE-A-2003-2211
- BOE-A-2003-4376
- BOE-A-2006-7581
- BOE-A-2008-17630
- BOE-A-2010-5293
- BOE-A-2010-9104
- BOE-A-2017-10054
- DOUE-L-2008-82637
