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Important updates have been made regarding the harmonised classifications under the Great Britain Classification, Labelling and Packaging (GB CLP) regulation.

The substances that had harmonised classifications introduced or amended in the 14^th and 15^th Adaptations to Progress (ATPs) to EU CLP now also have legal effect under GB CLP. Additionally, two substances have been removed from the list. These changes came into immediate effect on 26^th June 2024.

The latest information is available in the 5^th edition of the GB Mandatory Classification and Labelling (MCL) List, which can be accessed at: GB MCL list (.xslx)

Background Information

You may recall these ATPs to EU CLP were based on RAC opinions issued in 2017 and 2018, with the ATPs being published in 2020, prior to the UK leaving the EU, and the dates from which the harmonised classifications must be applied were after 1 January 2021.

During the build up to Brexit, the HSE believed that these ATPs would be grandfathered into GB CLP, and advised companies to follow the classifications by the dates in the original EU legislation. In January 2024 it was determined that the classifications in the 14^th and 15^th ATPs were not actually retained under the EU Withdrawal Act.

The HSE have since used Articles 37 and 37A procedures to formally propose an update the GB MCLs for 88 substances, but to also remove the entries for Titanium Dioxide (in powder form) and granulated copper.

The decision to approve this update has now been made and can be accessed at GB CLP publication table (.xslx), including the link to GB CLP-Article 37- GB MCL Ministerial Decision – 88 substances- 14th & 15th ATPs (hse.gov.uk).

Actions Required

Due to the original GB CLP MCL list published including the classifications introduced by the 14^th and 15^th ATPs to EU CLP, and the previous HSE advice to implement the classifications by the EU deadlines, no action is expected for duty holders in relation to the 88 substances that are now included in the GB MCL with legal effect.

Duty holders affected by the declassification of Titanium Dioxide and Granulated Copper should now self-classify these substances under the GB CLP rules while the HSE further considers these two substances under the Article 37A procedure.  A timeline for this further consideration has not yet been agreed.

Further information relating to the 14^th and 15^th ATPs of EU CLP and their applicability in GB CLP can be found on the HSE website at: Updating the status of Great Britain mandatory classification and labelling entries (GB MCL) in the GB MCL list – Chemical classification – HSE.