Following the trilogue discussions between the European Commission, European Parliament, and the Council the compromise revision text of the EU CLP Regulation on classification, labelling and packaging of substances and mixtures has now been agreed (the provisional text is published here).

Aiming at bringing the CLP up to speed with globalisation and growth of e-commerce, as well as adjusting the requirements to resolve issues identified through the reviews, comments, and enforcement actions, it is quite robust and in-depth.

This note includes a summary of highlights. If any of the points is of interest to your business, please contact us to discuss the merits of the aspect in focus:

1. Update to the requirements for label formatting, with particular focus on determination of font sizes dependent on the packaging size, distance between the two lines and font types.

2. Labels to be updated within 6 months of change of the classification where more severe classification is applied as a result of new evaluation and 18 months after other changes are introduced (specification of exact timelines instead of indication of an “undue delay” period).

3. Fold-out labels use allowed on a regular basis, instead of its previous applicability to small-packaging only, with a clear definition of technical aspects of such labelling included in the Regulation (previously only in the Guidance to the CLP labelling).

4. Introduction of digital labelling options, for now limited only to supplemental labelling (EUH statements, unknown toxicity statements). Other label elements need to be provided in a physical form and digital labelling can be used in addition to them, not instead of. Digital labelling is also bound by a set of limitations, so the applicability and usefulness is to be determined.

5. Additional derogations from labelling for inner packaging which is below 10 ml (previously applicable only to R&D products and analysis).

6. Online sales – regulation to introduce requirement for label elements to be presented to consumer at the website. That also impacts advertisement requirements with addition of clarification that the advertisement of products should not contain phrases such as “non-toxic” or “non-harmful” (Article 25 (4) of the CLP).

7. Introduction of substance containing more than one constituent (MOCS) concept and explanation of classification rules, data selection and prevalence for both MOCS and mixtures, with particular emphasis on CMR properties. Exemption introduced for MOCS extracted from plants and plant parts and which are not chemically modified. Approach applicability to be reviewed within 5 years.

8. Expansion of the list of classifications which trigger the need to include substance named in the product identifier (vPvB, PBT, PMT, vPvM and ED substances added to the list).

9. No changes introduced to the Child Resistant Fastenings and Tactile Warnings of Danger, though the technical assessment and review to be carried out within 5 years by the Commission. Other changes are introduced in addition to the ones mentioned above, such as requirements for refill stations and amendments to the Classification and Labelling inventory related provisions (Article 40 of the CLP).

The CLP revision is still awaiting final legislative steps and the publication in the Official Journal prior to entry into force.

H2 will continue to track the developments in this area and will keep you updated.

Published: January 5, 2024