EUROPE: Publication of the 21st ATP (adaptation to technical progress)

Published by Florence Dupeuble at 11 January 2024

The 21st ATP (adaptation to technical progress) of the CLP (regulation (EC) No 1272/2008) was published on 5 January 2024 in the Official Journal of the European Union. It mainly takes into account the opinions of the Risk Assessment Committee (RAC) of the European Chemicals Agency (ECHA),issued between March and November 2021, on the proposals to add, update or delete harmonised classification and labelling of certain substances.

Thus, Part 3 of Annex VI of the CLP regulation has been amended with the addition of harmonised classification and labelling for 28 new substances and modifications for 24 substances. These include the active substances bifenox, difenoconazole, foramsulfuron, picolinafen, diuron, metribuzin, transfluthrin, clothianidin, cymoxanil and benalaxyl. The harmonised classification of the co-formulant 1,2-benzisothiazol-3(2H)-one has also been updated: the classification (previously H302, H315, H318, H317 and H400) evolves to H330, H302, H315, H318, H317, H400 and H410.

This regulation will apply from 1 September 2025.

It should also be noted that ATP 19 and 20 were published on 11 July 2023:

ATP 19 entered into force on 31 July 2023 and introduced 3 new Notes X, 11 and 12 to Part 1, Section 1.1.3 of Annex VI of CLP, to provide clearer guidelines:

- Notes 11 and 12 concern the consideration of the additivity of hazards for reproductive toxicity. Note 11 is specific to boron compounds and specifies that the classification of mixtures as toxic to reproduction is necessary if the sum of the concentrations of individual boron compounds classified as reproductive toxicant in the mixture as placed on the market is equal to or greater than 0.3%. Note 12 is applicable to 2-ethylhexanoic acid (2-EHA), but may be assigned to other substances in the future. It specifies that the classification of mixtures as toxic to reproduction is necessary if the sum of the concentrations of individual substances covered by this entry in the mixture as placed on the market is equal to, or above, the applicable generic concentration limit for the assigned category, or a specific concentration limit indicated in this entry.
- Note X, which is applicable to 2-EHA but may be attributed to other substances in the future, states that the classification is based only on the hazardous properties of the structural part common to the substances in the entry. The hazardous properties of any substance in the entry also depend on the properties of the part of the substance which is not common to all substances in the group, which must also be evaluated.

ATP 20 amends Annex VI of the CLP Regulation by revising the harmonised classifications of boron compounds on the one hand and 2-ethylhexanoic acid (2-EHA) and its salts on the other. These new classifications will be applicable from 1 February 2025.

To download:

ATP 19: COMMISSION DELEGATED REGULATION (EU) 2023/1434 of 25 April 2023 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as regards the addition of notes to Part 1, section 1.1.3, of Annex VI

ATP 20: COMMISSION DELEGATED REGULATION (EU) 2023/1435 of 2 May 2023 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as regards the modification of entries in Part 3 of Annex VI for 2-ethylhexanoic acid and its salts, boric acid, diboron trioxide, tetraboron disodium heptaoxide hydrate, disodium tetraborate anhydrous, orthoboric acid sodium salt, disodium tetraborate decahydrate, and disodium tetraborate pentahydrate

ATP 21: COMMISSION DELEGATED REGULATION (EU) 2024/197 of 19 October 2023 amending Regulation (EC) No 1272/2008 as regards the harmonised classification and labelling of certain substances

See also our previous articles:

EUROPE: Publication of the 18th ATP (adaptation to technical progress)

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