The second Adaptation to Technical Progress (ATP) was formally adopted as Commission Directive (2006/8/EC) on 23 January 2006. It makes a number of changes to the labelling requirements of certain preparations, it introduces tiered, generic concentration limits to classify preparations as toxic to the aquatic environment and it standardises terminology used in labelling specific preparations.
The second ATP to the Dangerous Preparations Directive (DPD) was due to become legal in EU Member States on 1 March 2007. For technical reasons HSE was not able to meet this deadline.
The delay resulted from concerns about a perceived unintended consequence of one of the amendments to Annex III of the DPD, relating to preparations that contain substances classified as very toxic to the aquatic environment. Where such substances are listed in Annex I of the Dangerous Substances Directive, specific concentration limits are sometimes applied in order to avoid an underestimation of the hazard present. However, where no specific concentration limits are listed, or where substances have been self-classified and provisionally assigned Risk Phrases R50 or R50-53, the default concentration limits apply. The difference between these concentration limits can be significant.
The amendment in Annex III, which introduces generic concentration limits, seeks to address this imbalance. It was thought that extending the default concentration limits in this way (and thereby increasing the number of preparations classified as ‘Dangerous for the Environment’ could result in additional sites becoming subject to the Control of Major Accident Hazards Regulations 1999 (COMAH) if quantities of certain preparations or products exceeded specific threshold limits.
An extended period of research and consultation has been necessary for HSE to establish the extent of this issue. Inquiries to date indicate that the potential for this unintended consequence to be realised in practice is low. Towards the beginning of April HSE will issue a Consultative Document on proposed amendments to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 to implement Directive 2006/8/EC. The Consultative Document will be available from:
http://www.hse.gov.uk/consult/live.htm
HSE envisages that the Consultative Document will be published at the beginning of April and implementing regulations will come into force in the autumn, possibly October, although this date is subject to the results of the consultation.