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Annex VI, CLP

Annex VI of the CLP Regulation contains the list of substances, which should be classified according to harmonised classification (legal classification: GHS, Globally Harmonized System). The same role filled formerly Annex I of Directive 67/548/EEC.

CLP Regulation

the CLP Regulation (for "Classification, Labelling and Packaging") is a European Union regulation which aligns the European Union system of classification, labelling and packaging chemical substances and mixtures to the Globally Harmonised System (GHS). It is expected to facilitate global trade and the harmonised communication of hazard information of chemicals and to promote regulatory efficiency. It complements the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation (EC No 1907/2006) and replaces the current system contained in the Dangerous Substances Directive (67/548/EEC)and the Dangerous Preparations Directive (1999/45/EC).

1272/2008 regulation of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006.This Regulation says, that is should ensure a high level of protection of human health and the environment as well as the free movement of chemical substances, mixtures and certain specific articles, while enhancing competitiveness and innovation.

The regulation incorporates the classification criteria and labelling rules agreed at UN level, the so called Globally Harmonised System of Classification and Labelling of Chemicals (GHS). It introduces new classification criteria, hazard symbols (pictograms) and labelling phrases, while taking account of elements which are part of the current EU legislation.

The regulation requires companies to appropriately classify, label and package their substances and mixtures before placing them on the market. It aims to protect workers, consumers and the environment by means of labelling which reflects possible hazardous effects of a particular chemical. It also takes over provisions of the REACH Regulation regarding the notification of classifications, the establishment of a list of harmonised classifications and the creation of a classification and labelling inventory.

Harmonised classification (legal classification) results from the inclusion into the list of substances in Annex VI of the CLP Regulation (formerly Annex I Directive 67/548/EEC).

Full text of the regulation: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:353:0001:1355:EN:PDF

DSD and CLP

A new directly acting European Regulation called in short “CLP” came into force introducing a new scheme of Classification, Labelling and Packaging that is initially an option to compliance with the requirements of national legislation implementing the DSD and DPD, but which in time (from 1.12.2010 for substances and 1.6.2015 for mixtures – the new name for preparations) will become the mandatory requirement, with the DSD and DPD finally being revoked on 1.6.2015.

A major element of the DSD in the past was the determination by European Member States experts of a harmonised classification for SOME substances, which was then published in the Annex I to the DSD. Publication of a newly adopted European harmonised classification, and subsequent revisions to the entry, in Annex I were made through Adaptation to Technical Progress (ATP) Directives adopted by Commission. However on 20th January 2009 the Annex I to the DSD was revoked by the CLP Regulation and replaced, as a source of EU harmonised classifications for the purposes of classifications under the DSD, by Table 3.2 of Annex VI of CLP. Note Bene: The original Table 3.2 of CLP only incorporated the DSD Annex I prior to the 30th and 31st ATPs to the DSD, see below. Table 3.2 also contained some significant “corrections” compared to the former DSD Annex I listing that was at that time found on the Consumer Products Safety & Quality (CPS&Q) Unit (formerly the European Chemicals Bureau (ECB)) website, and in the UK HSE L142 Approved Supply List (ASL). In August 2008 the European Commission adopted the 30th ATP to the DSD. This was published as Commission Directive 2008/58/EC and was published in the EC Official Journal L 246 on 15 September 2008.

In early 2009 the Commission also adopted a 31st ATP to the DSD.  This was published as Commission Directive 2009/2/EC and was published in the EC Official Journal L 11 on 16 January 2009.

Legally the effects of the 30th and 31st ATPs to the DSD were rendered null and void when the CLP Regulation came into force on 20 February 2009.

However, the changes adopted by the 30th and 31st ATPs were implemented late in 2009 by the Regulation (EC) No 790/2009, the 1st Adaptation to Technical Progress (ATP) to the EC CLP Regulation (again see the Supply section on our legislation page) and will have to be applied by 1.12.2010 at the latest. This ATP made amendments to the Table 3.1 and 3.2 Lists.

Note: Both these lists are available on the Consumer Products Safety & Quality (CPS&Q) Unit (formerly the European Chemicals Bureau (ECB)) as separate Microsoft XL files (Table 3.1 and Table 3.2). This site also has a very useful data base which enables a simultaneous search of both lists using a variety of searches.

Source: http://www.chcs.org.uk/chemical-hazards-legislation-international.htm

GHS and CLP

The Globally Harmonised System of Classification and Labelling of Chemicals (GHS) has been the subject of more than a decade of work; its aim is to provide a framework to bring together the various national and regional hazard communication systems which control the supply of hazardous chemicals in much the same way that the ‘Orange Book’ offers a global framework for the transport of dangerous goods. The purpose of GHS is to provide a single, globally harmonized system to address classification of chemicals, labels, and safety data sheets. The first edition of GHS was published in July 2003 as the ‘Purple Book’, it is revised evey December of even numbered years (and usually published in the following summer). Further details about the publication status, its ‘adoption’ throughout the world, and often access to electronic versions (when these are eventually made available), can be found on the UNECE website:

http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html

More information can also be obtained on the HSE GHS website at a special section for GHS related issues http://www.hse.gov.uk/ghs/index.htm. Note however that updating of the HSE website pages sometimes lags behind developments by several months. HSE is the lead on the development of the GHS and consults on GHS issues through its Standing Committee on Hazard Information and Packaging (SCHIP). Those do not get SCHIP communications via their Trade Association, and who wish to be sent such communications when issued should contact Desmond Waight (email Desmond@dangoods.co.uk) who is an ‘independent’ associate member of SCHIP asking to be placed on his “Emerging Classification” circulation. There is no charge.

The EU have passed legislation (the Regulation (EC) No 1272/2008 (CLP)) that will over time harmonise the EU supply provisions with the GHS. See the section of this website for further information.

Transport implementation is via the UN Recommendations and Model Regulations (Orange Book) and by subsequent adoption in the various international modal provisions (ADR, RID, ADN, IMDG Code, ICAO TIs / IATA DGRs).

Source: http://www.chcs.org.uk/chemical-hazards-legislation-international.htm