CLP Regulation – legal procedure for implementing changes

CLP Regulation – legal procedure for implementing changes

CLP Regulation Updates

One of the actions listed under the Chemicals Strategy for Sustainability under the European Green Deal is the targeted revision of the Regulation on classification, labelling, and packaging of substances and mixtures (CLP). The revision is expected to cover a number of issues as e.g. introducing new hazard classes (e.g. for endocrine disruptors) but also addressing practical issues with labelling or notification of information to poison centres.

CLP is a regulation of the European Parliament and of the Council, therefore all amendments to the regulation should be adopted under the ordinary legislative procedure, however, the European Commission has been empowered to amend certain parts, so in practice it can amend the annexes and certain articles by means of a delegated act instead of the ordinary legislative procedure.

The Commission plans to adopt certain amendments within the scope of its empowerment in the framework of the CLP revision via Delegated act. These amendments aim at introducing new hazard classes and criteria to assess some additional hazards to human health and the environment displayed by chemical substances and mixtures.

The question was raised whether the Commission is empowered to adopt such amendments under the current provisions of CLP.

The most important question is whether adding new hazard classes (such as endocrine disruptors and Persistent Bioavailable and Toxic) can be considered a non-essential element of the CLP Regulation that could be amended by the European Commission without the involvement of the European Parliament?

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