As companies and experts in the chemical industry are ever-adapting to regulatory changes, the Health and Safety Executive (HSE) has released critical information concerning the GB Classification, Labelling and Packaging (CLP) Regulation. Our Foresight team breaks down the essential details and expected actions reflecting the latest announcement from the HSE on 11 January 2024.
Proposed Updates to the GB MCL List
Following the UK's departure from the EU, HSE’s GB CLP Agency is setting out to update the status of 90 substances within the GB Mandatory Classification and Labelling (MCL) list. These updates pertain to substances from the 14th and 15th Adaptations to Technical Progress (ATPs) – standards that the UK upheld before officially leaving the EU on 31 January 2020.
While the EU had adopted a harmonized classification and labelling scheme during 2017 and 2018, this was not carried over into GB law post the transition period ending on 31 December 2020. Discover more about the intended updates through the new GB MCL systems on the HSE website.
Technical Reports and Agency Opinion
To address these discrepancies, the HSE published a consolidated Technical Report and a consolidated Agency Opinion, both of which are accessible in the HSE's GB CLP publication table. Stakeholders are urged to review these documents to stay abreast of the recommendations and justifications behind the upcoming regulatory changes.
Ministerial Decision and Compliance Dates
The next step involves the HSE making a recommendation to governmental ministers, including those from Devolved Governments, to legally enforce the proposed GB MCLs. It is anticipated that upon ministerial consent, the changes will be in effect by April 2024.
Immediate Actions for Duty Holders
Duty holders should note that there is no immediate action required at this juncture. HSE has previously advised, prior to the end of the Implementation Period, that duty holders should align with the GB MCL list and adhere to the given regulatory deadlines as per the 14th and 15th ATPs.
The classification and labelling requisites for the bulk of these 90 substances will continue to remain unchanged post the update. However, for specific substances like titanium dioxide in powder form and granulated copper, additional evaluations are pending under the Article 37A procedure of the GB CLP Regulation.
Further details and ebulletins will be relayed once the GB MCL list has been refreshed.
