EU Publishes 19th and 20th ATPs to CLP

By Klaudia Sostaric, MSc, regulatory specialist, Supply Chain team, UL Solutions

On July 11, 2023, Commission Delegated Regulations (EU) 2023/1434 and Commission Delegated Regulations (EU) 2023/1435 were published in the EU Official Journal, L 176.

These Regulations, also known as the 19th and 20th ATPs (Adaptation to Technical and Scientific Progress) amend Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (CLP) as regards to the addition of notes and modification of entries of Annex VI.

Based on the opinions adopted by the Risk Assessment Committee (RAC) of the European Chemicals Agency (ECHA) on the proposals for harmonized classification and labelling, as part of a Commission Delegated Regulation (EU) 2023/1434, three new notes are added to Part 1, section 1.1.3, of Annex VI of CLP:

• Note 11 and Note 12 are added when considering proposals for harmonized classification of certain Boron compounds and of 2-Ethylhexanoic acid and its salts to allow for a more accurate identification of the hazard of mixtures, which contain several substances belonging to the same group entry;
• Note X is added in order to clarify that the classification covering a group of substances in the same entry is only based on the hazardous properties of that part of the substance which is common to all substances in that entry.

In relation to Regulations (EU) 2023/1434, the Commission Delegated Regulation (EU) 2023/1435 updates and appends the above new notes to certain entries in Table 3 of Annex VI of CLP, which are as follows:

• A reference to Note 11 is added to entries concerning: Boric acid, Diboron trioxide, Tetraboron disodium heptaoxide hydrate, Disodium tetraborate anhydrous, Orthoboric acid sodium salt, Disodium tetraborate decahydrate and Disodium tetraborate pentahydrate;
• A reference to Note 12, Note X and the current Note A are added to 2-Ethylhexanoic acid and its salts.

Compliance with the revised harmonized classifications may be applied on a voluntary basis as of July 31, 2023 and must be used in all European Member States as of February 1, 2025.

UL Solution’s ChemADVISOR™ Regulatory Database is being updated to reflect the relevant changes.

References

• Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (CLP)
• Commission Delegated Regulation (EU) 2023/1434
• Commission Delegated Regulation (EU) 2023/1435