UK Updates the Status of 90 Substances in the GB MCL List

HSE, the GB CLP Agency, is proposing to update the status of 90 substances in GB mandatory classification and labelling (GB MCL). It is scheduled to be effective in April 2024.

These 90 substances are from 14th and 15th ATP (Adaptation to Technical Progress, which was used to update EU CLP Regulation) released by the European Commission. These two ATPs were published and came into force before the end of the transition period of Brexit and the HSE have already added these substances into the GB MCL list. However, they were not included in GB law after the Brexit on January 31, 2020.

HSE now decided to adopt the procedures indicated by Article 37 and Article 37A of GB CLP Regulation to update the GB MCL list.

Currently, the mandatory classification and labelling of these 90 substances have been published as follows:

The proposed mandatory classification and labelling of 62 substances are consistent with the conclusions given in the 14th and 15th ATP;
The mandatory classification and labelling of 26 substances were revised.

The MCL of these 88 substances remain unchanged except titanium dioxide in powder form and granulated copper which need further assessment under the Article 37A procedure of the GB CLP Regulation.

The 14th and 15th ATP have been in force in the EU on Implementation Period after they were published. The EU CLH (EU harmonized classification and labelling) did not have legal effect until the end of the Implementation Period. Suppliers were allowed to apply EU CLH of these 90 substances before the full application date. The EU CLH of these substances have full legal effect in the EU and Northern Ireland now. HSE has proposed suggestion before Dec 31, 2020 to make duty holders follow the GB MCL of these substances.

Duty holders before EU Exit and the end of the implementation period (31 December 2020) shall follow the harmonized MCL for these 90 substances in the GB MCL list. However, duty holders involved in titanium dioxide in powder form and granulated copper shall follow the updates. Once the MCL of these 2 substances are effective, duty holders are required to revised its labels and SDSs immediately.