Regulations 2023/1434 and 2023/1435, which amend Annex VI to the CLP, were published in the Official Journal on 11 July. They come into force on 31 July 2023.
Regulation 2023/1435
The amendment revises the harmonised classifications of compounds of boron in Annex VI to CLP. Similarly, it updates the classifications of 2-ethylhexanoic acid (2-EHA) and its salts. Those New classifications will be applicable from 1 February 2025.
Regulation 2023/1434
creates new notes in connection with these entries:
- Notes 11 and 12 relating to the additivity of the hazard for reproductive toxicity:
Note 11 specific to Borates,
Note 12 applicable to 2-EHA and likely to be attributed, in the future, to substances others ; it is worded so that it is not limited to the entry of 2-EHA,
They specify that the classification of mixtures as toxic for reproduction is necessary when the sum of the concentrations of the different substances in the mixture placed on the market is equal to or greater than 0.3%.
- Note X (applicable to 2-EHA but likely to be assigned to others in the future).
It specifies that the classification is only based on the hazardous properties of the structural part common to substances. The substances covered by this note must therefore be self-classified to take into account the dangers associated with other structural elements.
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
https://eur-lex.europa.eu/eli/reg_del/2023/1434/oj
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
https://eur-lex.europa.eu/eli/reg_del/2023/1434/oj
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