EU Proposes to Revise CLP Regulation on Substances and Mixtures

SG 090.22

The EU has informed the WTO of its intention to revise the CLP Regulation. Changes include new notes for several boron-containing compounds and 2-ethylhexanoic acid and its salts. 

The World Trade Organization (WTO) has announced two draft regulations from the European Union (EU) on its intention to revise Regulation (EC) No. 1272/2008 on Classification, Labeling and Packaging of Substances and Mixtures (CLP Regulation, consolidated version to March 2022). These two pieces of draft legislation, attached to WTO documents 22-4937 of June 2022 (Draft Regulation 1) and 22-5525 dated July 21, 2022 (Draft Regulation 2), contain several important changes:

• Draft Regulation 1 revises Part 1 to Annex VI by adding Note X to section 1.1.3.1 and Notes 11 and 12 to section 1.1.3.2
• Note 11 is only assigned to certain boron compounds – the classification of mixtures as reproductive toxicant is necessary if the sum of the concentrations of individual boron compounds that are classified as reproductive toxicant in the mixture as placed on the market is ≥ 0.3%
• Draft Regulation 2 replaces six index number entries in Part 3, Table 3 to Annex VI, of which five index number entries are related to boron-containing compounds and each of these five entries contains Note 11, as well as the index entry on 2-ethylhexanoic acid and its salts with Notes A, X and 12

According to the two WTO documents:

• Draft Regulation 1 is proposed to be adopted in September 2022 and brought into force 20 days from its publication in the official Journal of the EU (OJEU)
• Draft Regulation 2 is proposed to be adopted in Q4 of 2022, brought into force 20 days from its publication in the OJEU and brought into effect 18 months after the date of its entry into force 

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