On the 20 January 2009 the European Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures came into force in all EU Member States, including the UK. The Regulation is often referred to as the CLP Regulation or just CLP. The CLP Regulation is directly acting in all EU Member States.
The CLP Regulation adopts the globally harmonised system on the classification and labelling of chemicals (GHS) throughout the EU. The Regulation is subject to transitional arrangements which will run until 1 June 2015, when it will replace the CHIP regulations.
More information about the CLP Regulation:
On 5 September, the 1st Adaptation to Technical Progress (ATP) of the European Regulation (EC) No 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures (known as the CLP Regulation or CLP), was published in the European Commission’s Official Journal.
The detail of the 1st ATP is not new. As expected, it enacts all the proposed revisions and amendments to harmonised classifications that previously appeared in the 30th and 31st ATPs (Directives 2008/58/EC and 2009/2/EC respectively).
The 1st ATP entered into force as Commission Regulation (EC) No 790/2009 in all European Member States, including the UK, 20 days later on 26 September 2009. Just as the CLP Regulation is directly acting in Member States, the 1st ATP is also directly acting. This means there is no need for Member States to implement its provisions.
Although the 1st ATP entered into force on 26 September 2009, chemical suppliers have until 1 December 2010 before the new and revised harmonised classifications become legally binding. Chemical suppliers are encouraged to plan any changes that may be necessary to ensure they are made by the mandatory compliance date.
The new CHIP 4 Regulations entered into force on 6 April 2009.
The CHIP Regulations have been amended because of the entry into force of the European Regulation (EC) No 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures on 20 January 2009 – known as the CLP Regulation. The CLP Regulation adopts in the European Union, the internationally agreed Globally Harmonised System on the classification and labelling of chemicals, known as the ‘GHS’.
Although the CLP Regulation will be directly acting on Member States, without the need for transposition, the amendments in CHIP 4 allow CHIP to be aligned with the transitional period of the CLP Regulation and to ensure that the provisions of the CLP Regulation can be enforced in Great Britain, both throughout the transitional period and beyond.
The CHIP 4 Regulations allow chemical suppliers to apply the requirements of the CLP Regulation (as an alternative to those in CHIP) in line with the transitional arrangements of the CLP Regulation. These arrangements comprise a two-stage process whereby substances have to be reclassified and relabelled by 1 December 2010, and mixtures (previously called preparations), by 1 June 2015. Substances and mixtures already on the shelves on these dates, can continue to be supplied until 1 December 2012 and 1 June 2017 respectively.
The Table below provides a summary of the obligations on chemical suppliers throughout the transitional period:
| 20th January 2009 – 1st December 2010 | Suppliers must classify substances according to CHIP*, and may continue to label and package them according to regulations 6 to 11 of CHIP. However they may as an alternative choose to classify, label and package substances according to CLP. In this case, they must in addition continue to classify under regulation 4 of CHIP, but the requirements on labelling and packaging in regulations 6 to 11 of CHIP no longer apply. |
|---|---|
| 1st December 2010 – 1st June 2015 | Suppliers must classify substances according to both CHIP and CLP. They must label and package according to CLP. |
| 1st June 2015 onwards | Suppliers must classify, label and package according to CLP. |
| 20th January 2009 – 1st June 2015 | Suppliers must classify preparations according to CHIP, and may continue to label and package them according to regulations 6 to 11 of CHIP. However they may as an alternative choose to classify, label and package mixtures according to CLP. In this case, they must in addition continue to classify under regulation 4 of CHIP, but the requirements on labelling and packaging in regulations 6 to 11 of CHIP no longer apply. |
|---|---|
| 1st June 2015 onwards | Suppliers must classify, label and package according to CLP. |
The CLP Regulation will replace all existing European classification, labelling and packaging of chemicals legislation at the conclusion of the transitional period. The primary source for the obligations under the CLP Regulation will be the Regulation itself, with the exception of the enforcement provisions are set out in the CHIP 4 Regulations.
The CHIP 4 Regulations provide for the enforcement of the CLP Regulation in Great Britain.
Although the CLP Regulation is directly acting on all EU Member States, it requires Member States to appoint enforcing authorities to enforce its provisions and to introduce penalties for non-compliance. The scope of the CLP Regulation is broadly the same as those parts of the Dangerous Substances Directive and Dangerous Preparations Directive it replaces and the existing enforcing authorities (mainly HSE and local authorities) for the CHIP 4 Regulations will be the same as those for the CHIP 3 Regulations. The CHIP 4 Regulations also discharge the UK’s obligation to appoint an enforcing authority to enforce the duties in the European Regulation (EC) No 1272/2008 on the Classification, Labelling and Packaging of Substances and Mixtures (the CLP Regulation). The enforcing authorities (Health and Safety Executive, local authorities, the Environment Agency and the Scottish Environment Protection Agency), penalties and sanctions remain the same.
The CHIP 4 Regulations also make a few minor editorial amendments, including arrangements to ensure that the legislation keeps track of future changes to the CLP Regulation without the time-consuming need to make new regulations.
Northern Ireland has implemented similar regulations.
The new CHIP 4 regulations consolidate all amendments to CHIP since 2002.
Chemical suppliers will be familiar with the Approved Supply List (ASL) as an integral part of the CHIP Regulations.
The ASL published Annex I of the Dangerous Substances Directive (67/548/EEC) which lists the harmonised classifications and labelling requirements for some 8000 substances, agreed by experts at European level. The classifications were legally binding and had to be used by suppliers.
The entry into force of the CLP Regulation has meant there is no longer a need for the ASL.
The CHIP 4 Regulations implement the outstanding parts of Directive 2006/121/EC. This Directive sets out the necessary amendments that need to be made to the Dangerous Substances Directive, the Dangerous Preparations Directive and the Safety Data Sheets Directive (1991/155/EEC) as a result of the REACH Regulation.
Most of Directive 2006/121/EC has been implemented through the REACH Enforcement Regulations in December 2008. However, a few parts remained which dealt with references to scientific test methods that chemical suppliers have to use to ensure they identify the correct classification of certain chemicals. The test methods are now set out in a new European Commission Regulation (No. 440/2008) [1] on test methods. The test methods themselves are unchanged.
In the CHIP 4 Regulations, the test methods are referred to in the Health and Safety Executive’s Approved Classification and Labelling Guide. The Guide is updated to reflect the references to the new European Commission Regulation (No. 440/2008) and the CHIP regulations will give legal effect to the Guide. The Guide is now freely available at:
REACH is a new European Union regulation concerning the Registration, Evaluation, Authorisation and restriction of CHemicals. It came into force on 1st June 2007 and replaces a number of European Directives and Regulations with a single system. Further information on REACH can be found here: