European Parliament and Council Reach Provisional Agreement on CLP Revision

On 5 December 2023, the European Parliament and the Council reached a provisional agreement on the revision of the Regulation on the Classification, Labelling and Packaging of Chemicals (CLP). The new measures will improve the protection of consumers, workers and the environment, while improving the functioning of the EU market for products containing hazardous chemicals. The revised regulation will improve communication on hazardous chemicals including for chemicals sold online. It will also speed up the identification of hazardous chemicals and mixtures at EU level.

CLP Regulation

The CLP Regulation is the basis for the EU legislation on the risk management of chemicals. It implements the United Nation’s Globally Harmonised System (GHS) for the classification and labelling of chemicals in the EU. Manufacturers and importers are required to classify, label and package their hazardous chemicals in accordance with the CLP Regulation before placing them on the market.

The legislative proposal to revise the CLP Regulation was presented by the European Commission on 19 December 2022. As part of the revision package, the European Commission adopted a Delegated Act adding definitions and criteria for the classification of substances and mixtures with the following properties into established hazard classes:

• Endocrine disrupting

• Persistent, bioaccumulative and toxic

• Very persistent and very bioaccumulative

• Persistent, mobile and toxic

• Very persistent and very mobile

This Delegated Act entered into force on 20 April 2023.

Content of the revision

The key changes introduced by the revision of the CLP Regulation are as follows:

• Clearer labelling of hazardous chemicals: The revision introduces advertising requirements and a minimum font size for labels on hazardous chemicals. The requirements also apply to online sales.

• Digital labelling: Companies will have the option of using fold-out labels and digital labelling. Important information and hazard pictograms must still be displayed on the packaging.

• Online purchases: Websites will have to display the hazardous properties of the products leading to better protection for consumers when buying hazardous chemicals online.

• Complex substances: The rules for classifying complex substances (known as ‘more than one constituent substances’ (MOCS)) have been updated. A specific derogation was agreed upon for plant extracts including essential oils.

• Classification proposals: The Commission will also have the right to develop classification proposals for potentially hazardous substances in addition to Member States and the industry. This will speed up the identification of hazardous substances.

• Refillable chemicals: To support the safe sale of household chemicals in bulk the first rules on refillable chemicals will come into force. The use of refillable chemicals will reduce packaging and therefore packaging waste.

• Poison centres will receive better and faster information for medical emergencies.

Once adopted these changes, together with the new hazard criteria for endocrine disrupters, persistent and toxic chemicals that came into force in April 2023, will ensure better communication and identification of chemical hazards.

Next steps

The new Regulation will now have to be formally adopted by the European Parliament and the Council. Once formally adopted, it will enter into force 20 days after its publication in the Official Journal of the EU.