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HSE Classification Labelling and Packaging (CLP) ebulletin

Issued: 11 January 2024

This ebulletin contains information relating to the GB Classification, Labelling and Packaging (CLP) Regulation.

Updating the status of Great Britain mandatory classification and labelling (GB MCL) entries in the GB MCL list

HSE, as the GB CLP Agency, is proposing to update the status of GB MCL list entries for 90 substances included in the GB MCL list from the 14^th and 15^th Adaptations to Technical Progress (ATPs) when the UK left the European Union.

The EU harmonised classification and labelling (EU CLH) was adopted in 2017 and 2018.

The EU CLH entries for 90 substances in the 14th and 15th ATPs and subsequently included in the GB MCL List were not retained in GB law at the end of the transition period (Implementation Period) on 31 December 2020, after the UK left the European Union on 31 January 2020.

HSE, as the GB CLP Agency, is now proposing to use the Article 37 and Article 37A procedures of the GB CLP Regulation to resolve this by updating the GB MCL list. A consolidated Technical Report and consolidated Agency Opinion have been published and should be read in conjunction. Both are now publicly available in the HSE GB CLP publication table.

Next, HSE, as the GB CLP Agency, will make a Recommendation to Ministers for a Ministerial decision, with consent from the Ministers in the Devolved Governments, to give the proposed GB MCLs for these 90 substances mandatory legal effect in GB. It is expected that HSE will recommend that the entry into force and compliance dates for these 90 substances will be the date of publication in the HSE GB CLP publication table (April 2024).

A further CLP ebulletin will be issued when the GB MCL list is updated.

No action is required by duty holders. HSE, as the GB CLP Agency, advised duty holders before the end of the Implementation Period on 31 December 2020 that they should follow the harmonised (mandatory) classification and labelling for these 90 substances in the GB MCL list and the regulatory deadlines for full application as set out in the 14th and 15th ATPs.

The classification and labelling of these substances will remain unchanged following this update to the GB MCL list except for those substances (titanium dioxide in powder form and granulated copper) where additional information requires further assessment under the Article 37A procedure of the GB CLP Regulation.

Information from this CLP ebulletin has been made available on the HSE website.

More information on the new GB MCL system is available on the HSE website.