REVISING CLP IN THE EU: WHAT NEXT FOR USERS OF CHEMICALS? Background In October 2020, the European Commission published its long-awaited Chemicals Strategy for Sustainability (CSS), announcing far-reaching changes to EU chemicals policy under the aegis of the European Green Deal. Amongst the large number of actions proposed, the Commission set out its intention to revise the Classification, Labelling and Packaging of substances and mixtures (CLP) Regulation. To see the CLP Regulation at work, look at the back of your dishwashing liquid to see an ‘Exclamation Mark’ pictogram. This demonstrates that a substance is potentially an ‘Irritant’. The Commission has sought to use a revision of the CLP Regulation to both better protect human health and the environment, while improving many of the weaknesses under the current CLP regime. In its Roadmap consultation held during May to June, the Commission noted that the CLP Regulation had struggled to reflect scientific and technical progress, such as the growing attention to hazards like endocrine disruptors. Ambiguity in the wording of the Regulation has also led to varying interpretations during the assessment of substances, creating challenges for both regulators and industry. Some weaknesses have impacted the Single Market, such as practical labelling rules hindering the circulation of goods within the EU. From an institutional perspective, the lack of a mandate for the Commission or the European Chemicals Agency (ECHA) to initiate classification dossiers, along with the absence of a prioritisation mechanism for classification dossiers, are noted as aggravating factors contributing to growing delays with substance assessments. In response, the Commission has proposed a wide range of new policy options for consideration, the most notable of which include: • New hazard classes and criteria under CLP, such as for: 1. 2. 3. 4. 5.
Endocrine disruptors Persistent mobile and toxic (PMT) substances Very persistent, very mobile (vPvM) substances Persistent, bioaccumulative and toxic (PBT) substances Very persistent, very bioaccumulative (vPvB) substances
• New requirements for classifying mixtures and some complex substances. • New rules for the online sales of chemical substances. • Allow for the possibility for harmonised environmental and safety values for some substances. • New obligations for importers and downstream users to submit information on substances