The CLP regulation updates the existing 2008 EU legislation, clarifies the rules on labelling chemical substances, and adapts them to different forms of trade (such as online trade or bulk sales at refill stations). The regulation also promotes the circularity of chemical products, makes labelling (including digital labelling) clearer and easier to read, and ensures a higher level of protection against chemical hazards.
Protection adapted to take account of new hazards
The risks associated with chemical products requires specific legislation for their classification, labelling and packaging. The 2008 CLP regulation was insufficiently adapted to the emergence of new hazards (e.g., the presence of endocrine disruptors or the long-life effect of certain substances), new trends in digital and circular economy sales, such as online shopping or bulk purchasing, and digital labelling.
The newly adopted revision of the CLP regulation facilitates the reporting on new hazards related to chemicals that are placed on the market and gives the Commission and the other stakeholders new powers to classify harmful substances and accelerate their identification. It also codifies the requirements for a voluntary digital labelling. The new regulation introduces specific rules at the refill stations for chemical products.
The regulation will apply to all solid-state chemicals, although there will be a five-year derogation for substances with more than one constituent (MOCS) of botanical origin which have not been chemically modified. Once that period expires, the Commission can propose new legislation based on latest scientific knowledge.
Next steps
Following the Council’s approval today, the legislative act has been adopted.
After the signing of the act by the President of the European Parliament and the President of the Council, the new CLP regulation will be published in the Official Journal of the European Union and will enter into force three days later.
Background
The revision of the CLP, alongside the planned revision of the REACH Regulation, is an important element of the Chemicals Strategy for Sustainability, which is a key building block of the European Green Deal.
The Commission proposal was presented on 19 December 2022, and the Council concluded a mandate to launch negotiations with the European Parliament on 30 June 2023. Both co‑legislators reached a provisional agreement on 5 December 2023. Since then, the provisional agreement followed the corrigenda procedure during the EU elections. It has finally been adopted at first reading.
- Negotiating mandate
- Commission’s proposal
- Safer chemicals: Council and Parliament strike deal on the regulation for classification, labelling and packaging of chemical substances (press release, 5 December2023)
- Chemicals (background information)
- EU chemicals strategy for a more sustainable and toxic-free environment (infographic)
Background: EU Council and EU Parliament strike deal on the regulation for classification, labelling and packaging of chemical substances
5 December 2023
This press release was modified on 22 December 2023 to add the final text of Council regulation.
The Council and the European Parliament reached a provisional agreement on the regulation for the classification, labelling and packaging of chemicals (CLP regulation). This regulation updates the existing 2008 EU legislation and aims to clarify the rules on labelling chemical substances and the required information for chemicals sold online.
The provisional agreement adapts the CLP regulation to different forms of trade (such as online trade or trade in refill products), promotes the circularity of the chemical products, makes labels clearer and easier to understand (including digital labelling), and ensures a high level of protection against chemical hazards.
The revision of the CLP regulation will bring digital and circular economy to the chemicals sector. With the new rules consumers will have all the necessary information both in paper and digital format, regardless of whether they buy them in shops, in bulk or online.Jordi Hereu i Boher, Spanish Minister for Industry and Tourism
Clearer information on chemical hazards
The popularising of new commercial trends (such as online shopping, or re-use of containers to buy in bulk) together with the emergence of new hazards linked to the use of chemical products (e.g. the presence of endocrine disruptors or the long life of certain substances) required an update to the existing 2008 regulation. The proposed regulation is aimed at increasing protection of human health and the environment coupled with easier access to up-to-date information on chemicals hazards and simplified labelling rules. The proposed regulation also introduces other measures, including:
- better and faster processes for all actors to provide information on hazards of chemicals placed on the EU market
- communication of chemical hazards, including online, through simpler and clearer labelling and advertising requirements (i.e. a minimal font size for labels of chemicals)
- new powers for the Commission (in addition to member states and industry) to accelerate the procedure for identifying hazardous substances and make the necessary classification proposals
- specific rules for refillable chemical products, so consumers can safely buy and use chemical products, such as home care chemicals, sold in bulk
Main elements of the agreement
For substances with more-than-one constituent (MOCS) the provisional agreement includes a 5 year derogation for MOCS of plant or plant parts which are not chemically modified. After this time, the Commission may propose new legislation for those products based on scientific report. Other MOCS, like petrochemicals, will be under the scope of the regulation.
The provisional agreement reached today by the co-legislators, sets out the scope of the regulation for harmonised classification of substances in all physical states. The compromise clarifies that the regulation also applies to online sales, including purchases in digital marketplaces.
The compromise text requires that most chemical products bear a physical label while the digital label may also be an option for suppliers. It also introduces measures to make the labels clearer and easier to read in particular for people with sight difficulties. For certain products, the supplier can provide digital-only data, although a consumer can always request a physical copy of the product information.
For products purchased in refill stations, the provisional agreement aims to reduce the associated risks (overfilling, contamination, operation by children, etc.).
Finally, the provisional agreement aligns different provisions concerning new hazard classes to avoid duplication with ongoing assessments that are currently conducted under different legislation.
Background
The revision of the CLP, alongside the planned revision of the REACH Regulation, is an important element of the Chemicals Strategy for Sustainability, which is a key building block of the European Green Deal. The Commission proposal was presented on 19 December 2022 and the Council reached mandate to start negotiations with European Parliament on 30 June 2023.
Next steps
The provisional agreement reached with the European Parliament now needs to be endorsed and formally adopted by both institutions.
- Council regulation on classification, labelling and packaging of substances and mixtures – final text
- Council approves conclusions on the EU Chemicals Strategy for Sustainability (press release, 15 March 2021)
- Chemicals (background information)