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The European Commission has published a Delegated Regulation (EU) 2023/707, which defines three new hazard classes and criteria for the classification, labelling and packaging of substances and mixtures. This regulation enters into force on 20 April 2023 (for more details, see our previous article).
Further information on transitional periods and dates when the regulation starts to apply to different substances and mixtures is available on the ECHA website.
For substances already on the market:
- the Member States can make proposals for harmonised classification and labelling (CLH) with the new hazard classes and manufacturers, importers, downstream users and distributors can self-classify their substances accordingly from 20 April 2023;
- the manufacturers, importers, downstream users and distributors will not yet be required to classify their substances according to the new hazard classes during the transitional period from 1 May 2025 to 1 November 2026. During this period, the new hazard classes can be applied on a voluntary basis;
- all manufacturers, importers, downstream users and distributors must apply the new hazard classes from 1 November 2026.
For new substances on the market, companies need to comply with the new rules from 1 May 2025.
For mixtures already on the market:
- the Member States can make proposals for harmonised classification and labelling (CLH) with the new hazard classes and manufacturers, importers, downstream users and distributors can self-classify their mixtures accordingly from 20 April 2023;
- the manufacturers, importers, downstream users and distributors will not yet be required to classify their mixtures according to the new hazard classes during the transitional period from 1 May 2026 to 1 May 2028. During this period, the new hazard classes can be applied on a voluntary basis;
- all manufacturers, importers, downstream users and distributors must apply the new hazard classes from 1 May 2028.
For new mixtures on the market, companies need to comply with the new rules from 1 May 2026.
The guidance on the application of CLP criteria is currently being updated with publication expected during 2024. In the meantime, companies and Member State authorities can use current guidance on identifying endocrine disruptors and on PBT (persistence, bioaccumulation, toxicity) assessment.
Furthermore, the new hazard classes will be included into IUCLID during spring 2024. From then on, companies will be able to include information related to the new hazard classes in their classification and labelling notifications, REACH registrations and dossiers for product and process oriented research and development (PPORD), as well as in their submissions under the Biocidal Products Regulation and poison centre notifications.
To download:
ECHA – New hazard classes 2023
ECHA provides advice on new hazard classes for substances and mixtures
See also our previous articles:
EUROPE – COM : Publication of the regulation amending CLP
EUROPE – COM : Proposal for the revision of the CLP Regulation
Lynxee consulting’s team is at your disposal to answer your questions.
Contact us! http://lynxee.consulting/en/contact/
