New rules for the classification of hazardous substances

MEPs have adopted a series of legislative reports concerning the classification, labelling and packing of substances and mixtures. The first-reading agreement concerns the implementation of the UN level agreed, GHS (Globally Harmonised System) on classification, labelling and packaging of hazardous substances into EU legislation.

The compromise which has been agreed between representatives of the Parliament and the Council, aims to implement the GHS system into EU legislation. The new regulation will replace the existing EU directives on classification and labelling of substances which set forth an extensive system (3 key directives), but the current rules and the GHS are conceptually similar. The proposal aims to maintain the current level of environment and health protection, to keep the scope of the classification and labelling rules as close as possible to the existing EU system and to ensure a smooth transition to a new system based on GHS.

The new provisions for labelling of hazardous substances imply:

  • Harmonization of the classification, labelling and packaging rules for substances and mixtures.
  • Obligation of enterprises to classify their substances and mixtures themselves and to notify the classifications.
  • Establishment of a harmonised list of substances classified at Community level in Annex VI.
  • Establishment of a classification and labelling inventory, made up of all notifications and harmonised classifications referred to above.

The reclassification and labelling of most substances must be completed by 1.12.2010 for substances and 1.6.2015 for mixtures. The current Directives on classification, labelling and packaging will be repealed on 1 June 2015. During a transitory period both systems will be applied.

In the negotiations, MEPs managed to include several changes to the Commission's proposals wanting to guarantee a proper balance between the interests of consumers, the environment and industry:
 
Member States shall appoint a body or bodies responsible for receiving information for formulating preventative and curative measures, in particular in case of emergency health response. Three years after entry into force the Commission shall assess possibility to harmonise information.

In this same direction, early this year, the EU already adopted Regulation (EC) Nº 689/2008 concerning the export and import of dangerous chemicals, which implied certain measures to promote responsibility and cooperation in the movement of certain types of hazardous goods, by implementing the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.

Objectives of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)

The aim of the UN level agreed, Globally Harmonized System of Classification and Labelling of Chemicals (GHS) system is to enable a judgment on a substance or mixture with respect to its hazardous properties (physical hazards and toxicity) and to provide a hazardous chemical with pertinent hazard labelling and information on safety measures (for example via labels, hazard pictograms and signal words ("danger" , "warning").  As with the current legislation, the proposed regulation is intended to be primarily a self-classification system for enterprises. The system aims at enhancing the protection of human health and the environment during the handling, transport and use of these chemicals. It is in line with REACH.