Updating the status of Great Britain mandatory classification and labelling entries (GB MCL) in the GB MCL list
HSE, as the GB CLP Agency, is proposing to update the status of GB MCL list entries for 90 substances included in the GB MCL list from the 14th and 15th ATPs to the CLP Regulation.
The EU harmonised classification and labelling (EU CLHs) was adopted in 2017 and 2018.
90 substances in the 14th and 15th ATPs and included in the GB MCL list, were not retained in GB law at the end of the Implementation Period on 31 December 2020, when the UK left the EU.
HSE is now proposing to use the Article 37 and Article 37A procedures of the GB CLP Regulation to resolve this by updating the GB MCL list. A consolidated Technical Report and consolidated Agency Opinion should be read and have been published in the HSE GB CLP publication table.
Next, HSE, as the GB CLP Agency, will make a recommendation for a Ministerial decision, with consent from Ministers in the Devolved Governments, to give the proposed GB MCLs for these 90 substances mandatory legal effect in GB. It is expected that HSE will recommend that the entry into force and compliance dates for these 90 substances will be the date of publication in the HSE GB CLP publication table (April 2024).
A CLP e-Bulletin will be issued when the GB MCL list is updated.
Duty holders
No action is required by duty holders.
HSE advised duty holders before EU Exit and the end of the Implementation Period on 31 December 2020 that they should follow the harmonised (mandatory) classification and labelling for these 90 substances in the GB MCL list and the regulatory deadlines for full application as set out in the 14th and 15th ATPs.
The classification and labelling of these substances will remain unchanged following this update to the GB MCL list except for the substances, titanium dioxide in powder form and granulated copper, where additional information requires assessment under the Article 37A procedure of the GB CLP Regulation.
Regulation
This page provides guidance for those duty holders under the assimilated Regulation (EC) No. 1272/2008 (‘the GB Classification, Labelling and Packaging (CLP) Regulation’) who are classifying substances and mixtures in accordance with the entries in the GB MCL list arising from the 14th and 15th Adaptations to Technical Progress (ATPs).