The EU Council has been given a mandate to negotiate with the European Parliament on the proposed revision of the European regulation on classification, labelling and packaging of chemical substances and mixtures (Regulation 1272/2008, known as ‘CLP’).
Just a few hours before the start of the Spanish Presidency, on the evening of Friday 30 June, the Member States’ ambassadors to the EU (Coreper) adopted the Council’s position on this December 2022 proposal (see EUROPE 13087/6).
The proposed revision aims to adapt the regulation to the latest scientific knowledge, to better protect human health and the environment while making it easier for economic operators - particularly SMEs - and to facilitate the free movement of substances and mixtures within the EU - the regulation being based on Article 114 (internal market) of the Treaty. It also aims to introduce new hazard classes that have been in force in the EU since April 2023 for the substances of greatest concern, in particular endocrine disrupters (see EUROPE 13167/21).
The Council’s position is based on the compromise drawn up by the Swedish Presidency, which has just completed its six-month term (see EUROPE 13204/7, 13191/23).
“We want rules for the classification, labelling and packaging of chemicals to be fit for the digital and green transitions, allowing consumers, companies, and workers to purchase and use chemical products in a safer, better informed and more sustainable way”, commented Sweden’s Minister for the Climate and the Environment, Romina Pourmokhtari, hailing the agreement as “an important milestone” towards implementing the EU’s ‘Chemicals Strategy for Sustainability’ of October 2020 (see EUROPE 12953/11, 12678/13).
Essentially, the Council’s position is a clarification.
- It adapts provisions relating to the shape and design of labels to make them easier to read, while taking account of concerns about potential burdens on industry.
- It clarifies the concept and rules of digital labelling.
- As refill sales help to reduce packaging waste, the Council’s negotiating mandate strikes a balance between promoting refills and reducing the risks associated with them.
- The Council’s mandate clarifies the labelling and information to be provided for chemical products sold at a distance, including online.
- With regard to the provisions on the classification of chemical substances with more than one constituent or multi-constituent (MOCS), the Council’s position calls on the Commission to draw up a report 4 years after the revised CLP regulation comes into force. This report could, if necessary, be accompanied by a new legislative proposal for these substances.
The Council’s negotiating mandate modifies the provisions relating to the new hazard classes in order to avoid duplication with the assessments currently being carried out under various pieces of legislation, including the REACH regulation on the registration, evaluation, authorisation and restriction of chemicals.
The Council’s position will make it possible to launch negotiations with the European Parliament when it is ready, possibly in the autumn, from October onwards.
The draft report by Maria Spyraki (EPP, Greek), which has not yet been adopted by Parliament’s Environment Committee (ENVI), supports the proposal, but calls in particular for:
- clear and transparent criteria for grouping chemical substances and guidelines for applying them on a sound scientific basis;
- clarification of the classification rules without introducing a new definition of multi-constituent substances;
- the possibility for interested parties with relevant data to be able to provide the information necessary for the assessment of a substance or group of substances (as set out in the Chemicals Strategy for Sustainability) at all stages of the process;
- taking into account the specific characteristics of essential oils.
The negotiating position of the EU Council: https://aeur.eu/f/7va
The ‘Spyraki’ draft report: https://aeur.eu/f/7v7
The European Commission’s proposal: https://aeur.eu/f/7v8 (Original version in French by Aminata Niang)