EU Proposes to Revise CLP Regulation on Substances and Mixtures

On July 21, 2020, the World Trade Organization (WTO) announced a draft regulation from the European Union (EU) on its intention to revise Regulation (EC) 1272/2008 on Classification, Labeling and Packaging of Substances and Mixtures (CLP Regulation). The draft legislation, attached to WTO document 20-5008, contains several important changes:

• Adding  22 entries to Table 3 in Part 3 of Annex VI to the CLP Regulation 'List of Harmonized Classification and Labelling of Hazardous Substances’ (‘Table 3’)
• Replacing 41 entries in ‘Table 3’ - some of which delete the specific concentration limit (SCL) information for several boron-containing compounds, including the penta- and deca-hydrates of disodium tetraborate (borax)
• Deleting 1 entry from ‘Table 3’ - tetrakis(2,6-dimethylphenyl)-m-phenylene biphosphate (CAS 139189-30-3)

According to the WTO notification, it is proposed the draft regulation is:

• Adopted in Q4 of 2020
• To enter into force 20 days from publication in the Official Journal of the EU (OJEU)
• To become effective 18 months after the date of entry into force for the new harmonized classification, labeling and packaging provisions (potentially this is mid-2022) 

Per the draft regulation, substances and mixtures may be classified, labeled and packaged in accordance with the amendment from its date of entry into force.

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