The objectives of the CLP Regulation are to protect people and the environment against hazardous chemicals and ensure the free movement of substances and mixtures across the single market. The CLP Regulation obliges manufacturers, importers or other businesses in the value chain to classify, label and package their hazardous chemicals appropriately before selling them. Through pictograms and statements on labels, the CLP Regulation informs consumers and professionals about the hazards in these chemicals so that they are well informed when purchasing or handling hazardous chemicals and which precautionary measures they must follow when using them. Free movement on the single market is ensured since the rules are the same throughout the EU.
CLP provides the basis for many legal provisions across EU legislation on the risk management of chemicals. CLP determines on a scientific basis whether a substance or mixture should be classified and labelled as hazardous. It implements in the EU the United Nations’ Globally Harmonised System (GHS). Chemicals, through the different steps from their production to their handling, transport and use, are a real danger to human health and the environment. People of any age, from children to the elderly, using many different languages and alphabets, belonging to various social conditions, including illiterates, are daily confronted with dangerous products (chemicals, pesticides, etc.).
To face this danger and, given the reality of the extensive global trade in chemicals and the need to develop national programs to ensure their safe use, transport and disposal, it was recognised that an internationally-harmonised approach to classification and labelling would provide the foundation for such programs. Once countries have consistent and appropriate information on the chemicals they import or produce in their own countries, the infrastructure to control chemical exposures and protect people and the environment can be established in a comprehensive manner.
The system, called “Globally Harmonized System of Classification and Labelling of Chemicals (GHS)”, addresses the classification of chemicals by types of hazard and proposes harmonized hazard communication elements, including labels and safety data sheets. It aims at ensuring that information on physical hazards and toxicity from chemicals be available in order to enhance the protection of human health and the environment during the handling, transport and use of these chemicals. The GHS also provides a basis for harmonisation of rules and regulations on chemicals at national, regional and worldwide levels, an important factor for trade facilitation.
The revision
The Commission welcomes the provisional agreement reached 5 December 2023 between the European Parliament and the Council on the revision of the regulation on the classification, labelling and packaging of chemicals (CLP). While improving the functioning of the EU market regarding products containing hazardous chemicals, the new measures will better protect consumers, workers, and the environment. The revised text will also accelerate the identification of hazardous substances and mixtures at EU level. The revision will improve communication about hazardous chemicals including for chemicals sold online. It also lays down rules on refill sales and provides more flexibility on how to use the labels.
The new hazard classes are the result of extensive scientific discussions and will provide easier access to information to all users of such chemicals, notably consumers, workers and businesses. They could allow further action to address and mitigate the risks of substances and mixtures under other EU downstream legislation such as e.g. REACH, while taking account of socio-economic impacts.
The revision of the CLP Regulation will lead to the following improvements:
- Updated rules for classifying complex substances (substances containing more than one constituent, known as ‘MOCS’). The Parliament and the Council agreed on a specific derogation for plant extracts, including essential oils, with a 5-year review of scientific evidence by the Commission.
- Better protection of consumers when buying hazardous chemicals online. Websites will have to display the hazardous properties of the products.
- Clearer labelling of hazardous chemicals, including for online sales. For instance, the revision introduces advertising requirements and a minimal font size for hazardous chemicals.
- The possibility for businesses to use fold-out labels and digital labelling, while important safety information and hazard pictograms will also remain on-pack.
- In addition to Member States and industry, the Commission will also have the right to develop classification proposals on potentially hazardous substances. This will speed up the pace at which hazardous substances are identified.
- First ever rules for refillable chemicals, to support the safe sale of household chemicals in bulk. This will also reduce packaging and consequently packaging waste.
- Poison centres will receive better and faster information for medical emergencies.
The CLP revision will foster the transition of the European industry, including SMEs, to sustainable chemicals, and support them to become global front-runners for future-proof chemistry. The revision of the CLP is an important deliverable of the Chemicals Strategy for Sustainability, which is a key building block of the European Green Deal.
Once adopted, the agreed changes in the regulation, as well as the new hazard criteria for endocrine disruptors and persistent and toxic chemicals in the environment that already apply since April this year, will ensure improved communication and identification of chemical hazards.
Thierry Breton, Commissioner for Internal Market was quoted as saying: “We are making the rules on marketing chemicals simpler and more transparent, also relying on digital labelling where possible. Consumers and workers – notably in SMEs – will be better informed of chemical hazards included in substances and mixtures. The proposal will enable investments in even safer and more sustainable chemicals in Europe.”
Virginijus Sinkevičius, Commissioner for Environment, Oceans and Fisheries added: “This proposal is an essential deliverable of the Chemicals Strategy for Sustainability and of our commitment to move towards a toxic-free environment. Scientific evidence shows that certain substances still used in common consumer goods such as childcare articles can interfere with our hormones and affect human fertility. Others can enter our food chain via the environment and never disappear. This proposal will ensure that very dangerous substances are properly identified, labelled and classified. It will strengthen evidence-based policy-making and informed citizens’ choices and will pave the way for the upcoming revision of the REACH Regulation.”
A European Chemicals Strategy for Sustainability (CSS) was adopted by the Commission on 14 October 2020, as the first step towards the “zero pollution” ambition, which is a key commitment of the European Green Deal and aims to better protect citizens and the environment from harmful chemicals, and boost innovation by promoting the use of safer and more sustainable chemicals. The European Commission published a Restrictions Roadmap under the Chemicals Strategy for Sustainability on 25 April 2022 that provides detailed information on all ongoing work on future restrictions under the EU chemical legislation.
This Roadmap prioritizes group restrictions for the most harmful substances to human health and the environment, as set out in the European Chemicals Strategy for Sustainability (CSS), published on October 2020. The CSS is part of the EU’s zero pollution ambition, which is a key commitment of the European Green Deal with the objective to prioritise carcinogenic, mutagenic and reprotoxic substances (CMRs), endocrine disruptors, persistent, bioaccumulative and toxic (PBT) and very persistent and very bioaccumulative (vPvB) substances, immunotoxicants, neurotoxicants, substances toxic to specific organs and respiratory sensitisers substances for (group) restrictions’ for all uses.
Safety in chemical labelling
Chemical labelling stands as a crucial bridge between safety, compliance, and effective communication. No matter which sector of the chemical industry you are in, navigating the intricate landscape of chemical labelling can be a formidable challenge. However, with the right strategies and solutions, you can transform this challenge into an opportunity for enhanced safety, regulatory compliance, and efficient workflows.
Accurate and comprehensive chemical labelling serves multiple critical purposes:
- Safety: Proper labelling ensures that workers and users are aware of potential hazards and can take appropriate precautions. This is especially vital in industries where exposure to hazardous substances is common.
- Compliance: Regulatory bodies around the world mandate strict labelling requirements for chemicals. Compliance with these regulations is essential to avoid fines, penalties, and legal issues.
- Information Dissemination: Labels are a means of conveying essential information about the chemical, including its composition, potential risks, and usage instructions. This helps users make informed decisions.
- Inventory Management: Proper labelling facilitates efficient tracking and management of chemical inventory, reducing the risk of errors and accidents.
Many businesses are turning to digital labelling solutions, such as label printing software and barcode systems, to streamline the labelling process. These technologies not only enhance accuracy but also improve inventory management and traceability. Consistency is key. Create standardised label templates for different types of chemicals in your inventory. This ensures that important information is always in the same place on each label, reducing the risk of confusion.
Chemical labelling regulations vary by industry and location. It’s essential to stay informed about the latest updates and changes to labelling requirements. Many companies rely on dedicated compliance software to stay up-to-date and ensure adherence to regulations, however, it is now a requirement, by law, for any undertaking that consigns, transports, packs, fills, loads or unloads dangerous goods on a regular basis – by road, rail or inland waterway – to appoint a DGSA
Invest in training programs for employees involved in the labelling process. This includes instruction on safety protocols, label creation, and regulatory compliance. Well-informed staff members are your first line of defence against labelling errors. Consider using data management systems that integrate with your labelling process. This allows you to centralise information and maintain accurate records, ensuring that labels reflect the most current data.
Communication between departments, suppliers, and customers is crucial. Collaborate with suppliers to ensure you receive chemicals with proper labels and maintain open channels of communication with customers to address any labelling-related concerns. Applying common sense to the use of these labels can help goods to be carefully handled and to arrive in good shape. And it makes economic sense too. Goods can get damaged in transit and storage, but labelling them properly so that they are handled and stored correctly can significantly mitigate this damage – and that has to make sound business sense.
