Other changes to Annex VI under the 14th ATP of CLP include
two deleted substances, 12 updated substances and 17 new
substances. Ten new ATEs have been specified in the update as
the European Chemicals Agency (ECHA) moves toward inclusion
of this relatively new-to-Annex VI data point.
If you are using or supplying substances listed in the ATP 14
update to Annex VI, you will need to re-classify your products
and update your SDS based on the new harmonized substance
requirements before the date of application.
ATP 14 was adopted before the UK became a third country.
Therefore, the new classification and labeling information for
Titanium dioxide and the other updated chemicals are also appearing
on the GB mandatory classification and labelling list (GB
MCL) and must be used for SDS and label generation.
Other ATPs to EU CLP
Several other CLP ATPs are also currently in the works:
• ATP 15 applies from March 1, 2022. Changes to Annex
VI of CLP include 37 new entries, 21 revised entries and two
deleted entries.
• ATP 16 is currently in draft form. This ATP concerns 15
substances that can be used in cosmetics.
• ATP 17 is currently in draft form. Changes to Annex VI of
CLP include 22 new entries, 41 revised entries and one
deleted entry. Publication in EU Official Journal is expected
soon, with an anticipated application date in mid-2022.
• ATP 18 is currently in draft form. Changes to Annex VI of
CLP include 36 new entries and 20 revised entries.
Brexit: EU (Withdrawal) Act 2018 (2020)
Since Brexit, the UK has taken a “lift and shift” approach for all
EU chemicals management regulations. The EU (Withdrawal)
Act 2018 (2020) converts directly applicable EU law into domestic
law in GB. This means that each EU regulation as of Dec. 31,
2020 has been transposed into UK regulation and is applicable
in GB from Jan. 1, 2021. For the time being, British legislation
remains almost completely aligned with EU legislation. EU regulations
implemented this year, such as Regulation 2020/878/EU
discussed above, are the exceptions to this rule.
18 Spray June 2021
UK REACH is a misnomer. Although the
official term is UK REACH, the regulation
only applies in Great Britain. This is because
Northern Ireland currently remains under
EU REACH regulation…
New British regulations transposed from EU regulations
include:
• CLP -> GB CLP
• REACH -> UK REACH
• PIC -> GB PIC
• BPR -> GB BPR
• PPPR -> GB PPPR
• SEVESO -> GB SEVESO
• Detergents -> GB Detergents
GB did not directly adopt Annex VI of CLP regulation. The MCL
was implemented, which currently matches the harmonized classification
and labeling entries found in Annex VI. As GB begins to
implement its own requirements, we anticipate that the MCL will
begin to deviate from the EU CLP classification requirements.
You might have noticed that UK REACH stands out from the
other regulations listed above. Therefore, is it UK REACH or GB
REACH? UK REACH is a misnomer. Although the official term
is UK REACH, the regulation only applies in GB. This is because
Northern Ireland (NI) currently remains under EU REACH
regulation.
Due to its geographical location, it is desirable to maintain an
open border between the Republic of Ireland (ROI) and NI, even
though NI is part of the UK. The Protocol on Ireland/Northern
Ireland was established so that NI would remain aligned to EU
regulations rather than GB regulations. This means that NI is
still subject to EU CLP, EU REACH and so on. The protocol is
subject to review every four years.
The Health & Safety Executive (HSE) is the British agency that
is taking the place of ECHA in the UK. The HSE is the designated
authority responsible for implementing and enforcing GB
chemicals management regulations.
In GB, the National Poisons Information Service (NPIS) is the
appointed body responsible for receiving specific information
from GB importers and suppliers about the ingredients of hazardous
mixtures that they place on the GB market. The current
scheme of data collection is voluntary and there is no legal obligation
to notify NPIS in GB.
The main takeaway is that British hazardous chemicals regulations
are still largely the same as the corresponding EU regulations,
with technical amendments applied to make them relevant
to GB rather than the EU. As we move forward, we can expect to
see more divergence as GB shifts towards its own individualized
chemicals management scheme. We will be sure to keep you informed
on European and British hazardous chemicals regulations
as new requirements are implemented. Spray
Regulatory International
Influences
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