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In a recent development, the Council and the European Parliament have reached a provisional agreement regarding the amendment of Regulation (EC) No 1272/2008 on the classification, labeling, and packaging of substances and mixtures (CLP Regulation). This revision, alongside the planned update of the REACH Regulation, holds significant importance as part of the Chemicals Strategy for Sustainability, a key building block of the European Green Deal.
The CLP revision aims to better identify and classify hazardous chemicals, improve communication on chemical hazards and address legal gaps and high levels of non-compliance.
Comprehensive identification and classification of chemical hazards
To boost the efficiency and effectiveness of the harmonised classification process, a delegated act will introduce harmonized classification for the new hazard classes of endocrine disrupting (ED), persistent, bioaccumulative and toxic (PBT), very persistent and very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), or very persistent and very mobile (vPvM).
To encourage and regulate companies in accurately classifying chemicals, the revision introduces certain obligations. These include providing the Agency with justifications for divergent classifications of the same substance in the Inventory, as well as updating notifications within a period of 6 months. Furthermore, the names of notifiers will be made publicly available, unless there are valid and substantiated requests for confidentiality.
Improve hazard communications
Minimum requirements for hazard communication will be strengthened by introducing obligatory formatting rules, such as minimum font size and colour and fold-out labels.
A voluntary digital labeling of chemicals will be introduced under the revision. Specifically, the digital label only applies to label elements that are not instrumental in protection of health and safety and the environment, and are not obligatory under GHS. The digital label must meet certain requirements, such as being searchable, free of charge, accessible through widely used digital technologies, available in no more than two clicks and not track any user data.
Additional derogations will also be introduced for chemicals sold to consumers in bulk, such as fuel, and in very small packaging, such as various writing instruments.
Address legal gaps and ambiguities of CLP provisions
One of the objective of the revision is to tackle non-compliance issues related to online sales and poison center notifications. As part of this effort, advertisements for hazardous substances and specific mixtures should include not only the hazard class but also the hazard pictogram, signal word, and hazard statements. Furthermore, newly introduced provisions stipulate that suppliers selling substances or mixtures through online sales must adhere to the requirement of CLP.
The provisions for notifications to poison center are also clarified. All relevant actors including distributors are now required to provide an adequate emergency health response to poison centers so they can provide clear advice to consumers or health professionals.
Next steps
The provisional agreement reached with the European Parliament now needs to be endorsed and formally adopted by both institutions.
