EU CLP Hazard Classes Amendments
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In December, the EU agreed on amendments to the Annexes to the Classification, Labelling and Packaging (CLP) Regulation ((EC) No 1272/2008), bringing in new hazard classes for endocrine disruptors and other harmful chemical substances. In March of 2023, the Commission published the Delegated Act (2023/707). With the publication of the Delegated Act, the deadlines for compliance have also been confirmed. These are:
New substances: May 1, 2025
New Mixtures: May 1, 2026
Substances already on the market must be updated by November 1, 2026
Existing mixtures must be updated by May 1, 2028.
Elements of the Amendment
The new hazard classes will provide easier access to information to all users of such chemicals and will allow further action to address and mitigate the risks of substances and mixtures under other EU legislation, such as REACH. CLP applies to all manufacturers, importers and downstream users of substances or mixtures who place products on the EU market.
The amended CLP will:
add new hazard classes for chemicals with the following properties:
endocrine disrupting chemicals (EDs)
persistent, bioaccumulative and toxic (PBT), very persistent and very bioaccumulative (vPvB)
persistent, mobile and toxic (PMT), or very persistent and very mobile (vPvM) properties
allow the Commission to initiate and fund more harmonised classification and labelling dossiers
require updates of notifications of classifications
make available the reasons for diverging notified classifications as well as make available the names of notifiers
The new hazard classes will trigger updates to Safety Data Sheets (SDS), labels and Poison Centre Notifications with EU Hazard Statements, Signal Words and Precautionary Statements. The revision will:
strengthen the minimum requirements for hazard communication by introducing obligatory formatting rules, such as minimum font size and colour, to increase the readability of labels
sell chemicals in refillable containers
introduce rules on digital labelling
allow broader use of fold-out labels for chemicals traded in several EU countries
provide derogations for chemicals sold to consumers in bulk.
Next Steps and Implications
Despite the publication of the Act, some details still need to be worked out, especially what evidence will be needed to classify substances for the new endpoints and whether New Alternative Methods (NAMs) will be accepted in the assessment of chemicals for classification.
Significantly and controversially, the new hazard classes are not based on those used under the GHS, which means the EU's hazard approach will no longer align with GHS. The EU is chairing a new UN informal working group to develop global criteria for the newly adopted hazard classes.
In addition, the reclassification of many substances under the new hazard classes will automatically trigger further restrictions and bans under REACH, affecting many registrants.
One area in which the Amendment will certainly cause some confusion is in Northern Ireland and Great Britain. The UK has indicated that the Northern Ireland Protocol will apply here, such that companies will need to comply with the EU CLP and the new hazard classes. However, the UK has also indicated that it has no plans to establish similar changes or hazard classes to GB CLP, though it will closely watch the EUs discussions with the UN on these issues.
Re-classification, updating your SDS and labels, submitting PCNs and preparing for the implications of the Amendment will take time. Yordas recommends that companies (especially non-EU companies) urgently reach out for advice and help with understanding how these changes may affect your market access. Get in touch with our HazCom team or your regional account manager today. You can also visit our website to learn more about our HazCom regulatory services.
