As the global trade of goods continues to evolve, technological advances and new sales methods such as online sales allow operators outside the EU to sell chemicals online to people in the EU. The existing CLP Regulation 1272/2008(EC) does not apply to economic operators established outside the EU. In the context of e-commerce, consumers lack instructions on the hazardous properties of chemicals, making it impossible to make informed purchasing decisions. In some cases, emergency health response information for hazardous mixtures submitted to poison centers is inadequate. Therefore, suppliers established within the EU are required to ensure that substances and mixtures comply with the CLP requirements. The amending Regulation facilitates compliance with the CLP requirements for non-EU economic operators selling chemicals online to the EU.
It is important to note that the revised regulation also applies to Northern Ireland, and businesses manufacturing or importing chemical substances or mixtures into Northern Ireland must also meet the latest CLP regulation requirements (including goods transported from the U.K. to Northern Ireland). As the UK GHS regulations are independent of the EU CLP regulations, businesses in Northern Ireland must also comply with the GB CLP requirements.
The UK Government has confirmed that there are no plans to incorporate the EU's new risk classifications into the GB CLP, in the absence of consensus with the UN's globally harmonised system. From April 2023, the CLP's new risk classifications apply in Northern Ireland.
The amendments to the CLP will increase costs for businesses placing chemicals on the EU and Northern Ireland markets, mainly due to the new labelling requirements, with relatively high initial compliance costs for small and medium-sized enterprises. However, due to the simplified classification process and the introduction of digital labels, this is a cost-saving change in the long term.
This amendment includes several significant changes affecting chemicals, with the key updates being as follows:
- New provisions for classification;
- new risk classes and criteria (Regulation (EU) 2023/707);
- updated deadlines for label updates;
- Introducing foldable labels;
- the introduction of digital labels;
- updated requirements for label sizes;
- Other changes to labels.
