Updating the status of Great Britain mandatory classification and labelling entries (GB MCL) in the GB MCL list
HSE, as the GB CLP Agency, has updated the legal status of GB MCL list entries for 90 substances included in the GB MCL list from the 14th and 15th Adaptations to Technical Progress (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 that were included in the GB MCL list, were not retained in GB law at the end of the Implementation Period on 31 December 2020.
HSE, using the Article 37 and Article 37A procedures of the GB CLP Regulation, has updated the GB MCL list, giving legal effect to the GB MCLs for 88 substances, while removing entries for titanium dioxide (in powder form) and granulated copper.
Affected dutyholders for the 2 removed substances should read the advice below.
A consolidated Ministerial Decision has been published in the HSE GB CLP publication table confirming the GB MCLs for 88 substances and the entry into force date and compliance dates of 26 June 2024.
A CLP e-Bulletin has been issued, alerting stakeholders to the updated GB MCL list and the HSE GB CLP publication table.
Dutyholders
For 88 substances, no action is required by dutyholders.
HSE advised dutyholders 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 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 for these 88 substances is unchanged following this update.
However, for titanium dioxide (in powder form) and granulated copper, additional information has been identified that requires further assessment under the Article 37A procedure of the GB CLP Regulation.
Dutyholders affected by the declassification of these two substances should self-classify in line with the GB CLP Regulation, while HSE further considers the GB MCLs for these two substances under the Article 37A procedure.
No timelines have yet been agreed for the Article 37A assessment of titanium dioxide (in powder form) and granulated copper.
Stakeholders will be alerted by a CLP e-Bulletin when HSE’s GB MCL proposals for these two substances are published on the HSE website.
Regulation
This page provides guidance for duty holders under the assimilated Regulation (EC) No. 1272/2008 (‘the GB Classification, Labelling and Packaging (CLP) Regulation’) when classifying substances and mixtures in accordance with the entries in the GB MCL list arising from the 14th and 15th ATPs.