Aligning Substance Classification and Labelling Post-Brexit: GB MCL List Gets an Update
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The Great Britain Mandatory Classification List (GB MCL) is pivotal in defining how substances are classified and labelled within Great Britain. MCL was transposed from Table 3 of Annex VI of the EU CLP (Classification, Labelling, and Packaging) regulation on the day the UK formally left the EU (January 1, 2021). The MCL included the EU's ATP (Adaptations to Technical Progress) up to the 15th adaptation. However, the landscape has since evolved, with the EU introducing new harmonised classifications in Annex VI of CLP. For the first time, changes have been made to the GB MCL to align 98 substances with the new GB revision and some into concordance with the EU's ATP 17 and 18. This update mandates the classification of these substances within GB.
Compliance Dates
The changes introduced by this update took effect on October 20, 2023, with a compliance deadline set for April 20, 2025. This timeline allows businesses and organisations time to adjust to the new classification and labelling requirements.
Updated Substances
The substances affected by these changes are in this publication list. Companies should review this list thoroughly because it contains 98 classifications that will impact their products or substances. If specific details are needed, reach out to us for further information.
Classification Divergence
Divergence in classification has been ongoing since the UK left the EU. The EU has continuously published ATPs containing updated classifications, while GBs have remained unchanged until now. This update marks the first deliberate decision by GB to adopt different classifications - than the EU, particularly in response to ATP 17 and 18:
ATP 17 involves the addition of 2 harmonised substances, the removal of one, and the reclassification of 39 substances
ATP 18 includes the addition of 39 harmonised substances, the removal of one, and the reclassification of 17 substances
It's crucial to note that many of these updated MCLs bring GB back into compliance with EU-updated HCLs (Harmonized Classification and Labelling). The update allows businesses to voluntarily use these MCs (Mandatory Classifications) from now until the compliance deadline (April 20 2025), when they become compulsory.
However, there are exceptions:
Some substances will result in different classifications in the two jurisdictions due to either the classification or mixture information, including specified Acute Toxicity Estimates, Self-Classification Labels, or M-factors.
For substances classified as pesticides or biocides, where the HCL or MCL is "complete" and aligns with other legislation (e.g., PPP or BPR, respectively), businesses must use the HCL or MCL appropriate for the jurisdiction they are selling into. It applies even if there's a voluntary extra classification in their jurisdiction for general chemicals
Action Required
Companies operating in GB should take proactive steps in response to these changes. They must review the updated GB MCL list, paying particular attention to the 98 classifications outlined in the attached publication. Products or substances subject to these classifications must be reviewed and updated as necessary to ensure compliance.
Future Updates
Furthermore, it's worth noting that there are ongoing discussions regarding proposed updates to the EU Harmonised list. Continued monitoring of these developments is essential, as a further divergence from GB's regulations may occur. You can speak to our team about how to simplify your regulatory monitoring.
Conclusion
The recent update to the GB MCL list represents a significant effort to harmonise substance classification and labelling standards in the EU. It addresses the evolving landscape post-Brexit and aligns GB's regulations with the latest scientific knowledge. Businesses and organisations must take heed of these changes, review the updated list, and make necessary adjustments to their products or substances to ensure compliance. In an ever-changing regulatory environment, staying informed and proactive is essential when navigating the complexities of substance classification and labelling.
For more insight into the updates to the GB MCL list or to learn how Yordas can help your business stay compliant, contact our team today. You can also visit our website to learn more about our classification and labelling services. To stay up-to-date with regulatory changes related to substance classification and labelling, sign up for our monthly newsletter. Our newsletter provides valuable insights and updates on the latest regulatory developments, helping you to stay informed and make proactive decisions.
