by Charlotte Blackburn, PhD
On 31st August 2020, two delegated Acts on Annex VIII to CLP, on the harmonisation of information relating to emergency response, were adopted following a period of feedback. The Regulations are expected to be published in the EU Official Journal and enter into force in early November.
The two Acts include a second amendment to Annex VIII to CLP to address concerns raised regarding workability, as well as the addition of a paragraph to Article 25 of CLP to address the labelling of bespoke paints.
Act amending Annex VIII to CLP
The delegated Act amending Annex VIII mainly addresses the key workability concerns that were raised by industry, specifically dealing with:
- Different but toxicologically similar components
- Raw materials which have a highly variable or unknown composition
- Complex supply chains
- The placing on the market of bespoke mixtures
To address these highlighted difficulties, the amendment brings in some new approaches; these include the Interchangeable Component Group (ICG), which provides a general solution, and a number of sector-specific solutions (for gypsum, ready mixed concrete, cement, fuels, and bespoke paints).
Act amending Article 25 of CLP
The second delegated Act adds an additional paragraph (8) to Article 25 of the CLP regulation, regarding the labelling of bespoke paints.
If the bespoke paint has not been notified in accordance with Annex VIII and there is not a corresponding Unique Formula Identifier (UFI) for the final mixture, the UFIs of all the mixtures contained within the bespoke paint (in a concentration exceeding 0.1%) which are required to be notified shall be included in the supplemental information on the label, listed in descending order of concentration. If the concentration of any of these mixtures making up the bespoke paint exceeds 5%, the concentration of that mixture shall be included alongside the UFI on the label.
Whilst the amendments are largely welcomed by industry, the first applicability date of 1st January 2021, for consumer and professional use mixtures, remains unchanged.
Once the delegated Acts have been published in the EU Official Journal, which is expected in early November, there is forecast to be only an eight-week period in which to prepare and submit the required notifications in line with the changes to the regulation.
There are concerns that this very limited period of time, between publication of the final legal text and the first applicability date, will make it extremely difficult for companies to fulfil the requirements and implement the forthcoming workability solutions, especially when dealing with such large portfolios and complex data. Not only will companies have to adapt significantly internally, there are also concerns over the possibility of updates to existing IT infrastructure being made in such a short timeframe.
Commission Delegated Regulation (EU) 2020/11: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2020.006.01.0008.01.ENG&toc=OJ:L:2020:006:TOC
Commission Regulation (EU) 2017/542: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R0542&rid=1
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