EU CLP: two recent updates

Revised regulation adopted

On 14 October 2024, the EU Council adopted the revised regulation on the classification, labelling and packaging of chemical substances and mixtures (CLP).

Once signed by the Presidents of the European Parliament and Council, the new CLP regulation will appear in the Official Journal of the EU and enter into force 20 days later.

The legal act introduces significant changes, including:

  • new hazards classes (endocrine disruptors and long-life effect of certain substances)
  • classification rules for More than One Constituent Substances (MOCS)
  • digital labelling and clarification of labelling rules, and
  • adaptation of different forms of trade (online trade and bulk sales at refill stations)

The changes may trigger the need to review and update the classifications, labels and Safety Data Sheets (SDS) for some products. It is best to assess the implications promptly.

On 21 November 2024, the European Chemical Agency (ECHA) will host a webinar on guidance for new CLP hazard classes, see information in last month’s COMPASS here.

H2 Compliance can also help you navigate the new rules and offer support: contact their Chemical HazCom team here.

22nd ATP enters into force

The latest Adaptation to Technical Progress (ATP) under the CLP Regulation was published in September 2024 and entered into force on 20 October 2024.

These regular updates reflect new harmonised classifications, as well as labelling and packaging requirements.

Suppliers can apply new requirements on a voluntary basis before the application date of 1 May 2026, after which new requirements become mandatory.

Of note, the Regulation:

  • Adds harmonised classifications for 27 substances, including some commonly used in laundry and cleaning products; the fragrance industry; silver; and copper
  • Expands or tightens harmonised classifications for 16 substances, and
  • Limits the use of some substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR), Category 1 to professionals only

For more information, please see the article in February’s COMPASS here.

IRS 2019-2023: ECHA’s final report

On 23 October 2024, the European Chemical Agency (ECHA) released the final report of its Integrated Regulatory Strategy (IRS) 2019-2023.

The IRS achieved its original goal of screening chemicals manufactured in or imported to the EU above 100 tonnes in 2018, and to prioritise them for regulatory risk management or data generation, and it has increased overall knowledge of chemicals on the EU market.

Among the highlights:

  • ECHA has grouped and screened 6,000 substances, and addressed almost all the 4,100 high tonnage ones
  • Around 1,900 substances may potentially require regulatory risk management, mostly harmonised classification & labelling (CLH) or restriction under REACH
  • For over two-thirds, more data is needed to confirm the relevant hazards, and
  • Around 60% of all substances screened did not require further action

Several substance groups flagged for further action, such as bisphenols, ortho-phthalates, flame retardants, hydrocarbyl siloxanes and hydrocarbylphenols, became part of the EU’s Restrictions Roadmap, which was published on 25 April 2022 (see previous article by H2 Compliance here).

The integrated risk strategy approach, which addresses chemicals in groups, has proven successful in accelerating data generation, review and action.

The reviewed IRS for 2024-2028, which will focus on risk management and continue to improve the protection of human health and the environment from risks posed by hazardous chemicals, is in line with the EU’s ambitious Chemical Strategy for Sustainability released in 2020.

Australia: changes to requirements for chemicals

Earlier in 2024, the Australian Industrial Chemicals Introduction Scheme (AICIS) implemented amendments that aim to lower the regulatory burden for companies.

The changes include:

  • Replacing the requirement for companies to obtain written undertakings from suppliers or manufacturers with five alternative record-keeping options
  • Accepting International Nomenclature of Cosmetic Ingredients (INCI) names more widely for reporting and record keeping
  • Amending the categorisation of fluorinated chemicals and persistent organic pollutants (POPs) to ensure substances of high concern are not designated as low or very low risk
  • Expanding eligibility criteria for flavour or fragrance blend chemicals
  • Establishing criteria for hazardous chemicals to be classified as low risk if they are strictly controlled, and
  • Reducing regulatory obligations for small-scale soap makers

The amendment aims to make compliance easier for industry, as well as offer better protection of human health and the environment from highly hazardous chemicals.

GCF: support to developing nations

The Global Framework on Chemicals (GFC) is an international agreement aimed at preventing or minimising the harm caused by chemicals and waste.

It sets out a vision, objectives and funding system to “free the world of harm from chemicals.”

In October, GFC launched its fund to help countries implement the international agreement on chemicals.

The funding is now open to developing countries, small island developing states, countries with economies in transition, and civil society networks.

Contributions to the GFC are voluntary and donors include Germany, the Netherlands, Spain, Switzerland, the United Kingdom, and the International Council of Chemical Associations.

Countries and other stakeholders can apply for funding until 31 January. Funding criteria, priorities and more information are available here.