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 However on 20th January 2009 the Annex I to the DSD was revoked by the CLP Regulation and replaced, as a source of EU harmonised classifications for the purposes of classifications under the DSD, by Table 3.2 of Annex VI of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.
The principal legislation currently in the European Union (EU) (formerly the European Community (EC) and before that the European Economic Community (EEC)) relating to the Classification, Packaging and Labelling of dangerous substances and preparations was, until January 2009, that of the 67/548/EEC Dangerous Substances Directive (DSD), which, as a Directive, Member States had to implement by passing national legislation. The DSD also contained new substance notification requirements but from June 2008 these were revoked and replaced by the directly acting REACH Regulation. The DSD also contained a requirement to supply Safety Data Sheets for substances, but REACH took over this requirement from June 2008. The detailed SDS requirements were subject to the 91/155/EC Safety Data Sheet Directive (SDSD), but this was also revoked and replaced, with effect from 1 June 2007, by REACH. To prevent preparations having to be classified by testing in the same way as substances, the 1999/45/EC Dangerous Preparations Directive (DPD) was introduced to provide an alternative conventional (mathematical) system for classification. The DPD also contains special packaging and special labelling requirements for certain preparations. The DPD also used to contain a requirement for the supply of SDSs, but this was revoked, with effect from 1 June 2007, by REACH.
67/548/EEC Dangerous Substances Directive (DSD)
1999/45/EC Dangerous Preparations Directive (DPD)
Safety Data Sheets for substances (SDS)