European Commission consults for harmonized classifications under CLP Regulation

On June 22, 2022, the European Commission opened a consultation period for proposed amendments to Annex VI of Regulation 1272/2008 on Classification, Labelling, and Packaging of substances and mixtures (The CLP Regulation).

Annex VI of the CLP Regulation relates to harmonized labelling and classification of most hazardous chemicals. Part 3 of said Annex lists the substances subjected to harmonization, including, for instance, their hazard class and category, hazard statements, pictograms, and signal words. Harmonized entries also contain references to a list of notes that seek to provide further clarity on the obligations applicable to any given substance. Notes are drawn from a list of notes that can be found in Part 1 of the same Annex, and they can refer to the classification and labelling of either substances or mixtures.

The Commission is currently consulting on the addition of three additional notes to the overall list of notes. One of the new entries would relate to the classification of substances, and it would clarify that where harmonization entries relate to a group of substances, they only apply to the part that said substances have in common. The remaining two proposed entries relate to the calculation of the relevant thresholds for the classification of mixtures as reproductive toxicants in some specific cases.

Public consultation is open until July 20, 2022. The proposal is for a delegated act within the CLP Regulation, which empowers the Commission to adapt specific provisions to technical progress. Delegated acts benefit from a quicker adoption procedure: once the Commission adopts its proposal (after taking public contributions into account), it will automatically become law after two months unless Parliament or Council explicitly object.