EU: Updates to CLP Regulation

 

The EU has published a Draft Commission Delegated Regulation amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council as regards the harmonised classification and labelling of certain substances.

The purpose of this draft proposal for an adaptation to technical progress of Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (the CLP Regulation) is to amend Table 3 of Part 3 of Annex VI to the CLP Regulation, by introducing new and revised entries for the harmonised classification and labelling of 32 substances or substance groups.

The purpose of Regulation (EC) No 1272/2008 on the classification, labelling, and packaging of substances and mixtures (CLP) is to ensure a high level of protection for human health and the environment, while also facilitating the free movement of substances, mixtures, and articles. These goals are achieved, among other measures, by establishing a Union-wide list of substances with harmonised classifications and labelling elements. Under Article 37(5) of Regulation (EC) No 1272/2008, the Commission is empowered to promptly add substances to Table 3 of Part 3 of Annex VI when harmonisation of classification and labelling is deemed appropriate.

Following the opinions provided by the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), and considering feedback from Member States and stakeholders, it is appropriate to introduce or update the harmonised classification and labelling of certain substances and accordingly amend Table 3 of Part 3 of Annex VI to Regulation (EC) No 1272/2008.

Immediate compliance with the new or updated harmonised classifications should not be required, as suppliers need sufficient time to adjust the labelling and packaging of substances and mixtures to reflect the changes and to sell off existing stock under the previous regulatory requirements. This adjustment period is also necessary for suppliers to take the necessary steps to ensure ongoing compliance with other legal obligations impacted by the changes introduced by this Regulation. However, suppliers should be allowed to voluntarily apply the new or updated harmonised classifications and adapt the labelling and packaging accordingly before the official application date of this Regulation, ensuring a high level of protection for human health and the environment while offering flexibility to suppliers.

To find out more about chemical compliance in the EU and the CLP Regulation, please contact the Product Compliance Institute directly.