The CHIP Regulations have been amended because of the adoption and entry into force of the European Regulation on the Classification, Labelling and Packaging of Substances and Mixtures, known as the CLP Regulation. The CLP Regulation adopts in the European Union, the internationally agreed Global Harmonised System on the classification and labelling of chemicals, known as the 'GHS'.
The CLP Regulation was published on 31 December 2008 and entered into legal effect on 20 January 2009.
The new CHIP 4 Regulations enter into force on 6 April 2009.
Although the CLP Regulation will be directly acting on Member States, without the need for transposition, the proposed amendments will 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 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. Northern Ireland will implement these provisions through regional legislation later this year.
The CHIP 4 Regulations will 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.
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:
The new CHIP 4 regulations consolidate all amendments to CHIP since 2002.
European Commission Directive 2008/58/EC – commonly known as the 30th Adaptation to Technical progress to the Dangerous Substances Directive (the 30th ATP) was adopted by Member States on 16 February 2007 and was published in the Official Journal on 15th September 2008. The 30th ATP can be downloaded here:
Also, European Commission Directive 2009/2/EC - commonly known as the 31st Adaptation to Technical Progress to the Dangerous Substances Directive (the 31st ATP) was adopted by Member States on 19th November 2008 and was published in the official Journal on 15 January 2009. The 31st ATP can be downloaded here:
Both the 30th and 31st ATPs have an implementation date of 1 June 2009. However, the current classification and labelling system is in the process of being replaced by the new, directly acting European Regulation known as the Regulation on the Classification, Labelling and Packaging of Substances and Mixtures (CLP), which takes effect from 20 January 2009. The CLP Regulation incorporates the classification criteria and labelling rules agreed at a UN level, the so-called Globally Harmonised System of Classification and Labelling of Chemicals (GHS). For further information on the CLP Regulation see here.
The practical consequence is that the UK is not obliged to implement the 30th and 31st ATPs. This is because:
Annex VI of the CLP Regulation only incorporates up to the 29th ATP. We expect the European Commission will bring forward a proposal for the 1st ATP of the CLP Regulation to add the content of the 30th and 31st ATPs in early 2009. The 1st ATP should come into direct effect some time mid-year.
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:
