ChemRegs Newsletter – June 2025

EC considering ‘undoing’ latest EU CLP labelling requirements

The European Commission’s (EC) Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) held a ‘Reality Check Workshop’ on 16 May 2025 on the potential simplification of chemicals legislation.

The context was the EC’s broader simplification strategy, in line with the EC’s stated objective being “to lighten the regulatory burden for people, businesses and administrations in the EU to boost prosperity and resilience of the EU”, and with the upcoming Omnibus package for the chemical sector.

The workshop opened with an introduction to the EC’s policy on simplification and its new technical-level consultation tool, the “Reality Check.” The objective was to collect feedback of stakeholders (businesses, practitioners applying EU law, consumer and business associations as well as competent authorities) on potential simplification of the EU Classification, Labelling and Packaging Regulation (CLP) following its recent revision via Regulation (EU) 2024/2865, with the aim for cost-savings and reduction of the administrative burdens.

A significant majority of participants expressed concern about the new mandatory formatting requirements in EU CLP, especially minimum font sizes, line spacing, and black-on-white text obligations. These were considered “excessively burdensome” by a wide range of stakeholders and calls were made for a “pause” in their implementation and to propose a more flexible, digitally enabled approach.

Stakeholders highlighted the disproportionate economic burden these rules place on businesses, particularly in multilingual markets, and raised concerns about increased packaging waste, limited label space, and the high cost of fold-out labels. Numerous participants supported the use of digital tools (e.g. QR codes) as a supplementary or alternative means of conveying information. Others noted that the one-size-fits-all approach did not account for the diverse professional contexts (e.g. B2B transactions) where hazard communication is already ensured through Safety Data Sheets (SDS). There was strong and repeated support for “stopping the clock” on the new EU CLP formatting requirements to allow for further analysis and adaptation.

Many participants criticised the broadened requirements for advertisements introduced in the revised EU CLP, particularly the obligation to include detailed hazard information (e.g. pictograms, signal words and hazard statements) in all promotional material. Stakeholders considered this approach disproportionate, especially in comparison to advertising rules in sectors like pharmaceuticals. Concerns were raised about practical feasibility in modern digital formats (e.g. online banners, small-space media) and the risk of overwhelming consumers with excessive detail, thereby reducing the clarity of key safety messages.

A simplified approach focusing on referencing the product label was strongly supported, such as replacing the new requirements with a simplified standard message such as “Always follow the information on the product label.” Several participants advocated exempting B2B advertisements from these requirements entirely, citing the adequacy of SDS for professional users.

Multiple suggestions were made for further simplification of the CLP Regulation, including:

• Placing vs. making available on the market – Calls were made to align CLP with other NLF product legislation by distinguishing these concepts, to reduce unnecessary stock reclassification.
• Poison Centre Notifications (PCN) – Numerous participants described the current system as burdensome and fragmented, with inconsistent national requirements and high associated costs. Centralisation via ECHA was proposed.
• Unique Formula Identifier (UFI) – Several actors requested flexibility in UFI requirements, particularly for fuels, where the diversity and mixing of supplies makes practical implementation extremely difficult.
• Self-classification labelling deadlines – Strong support emerged for aligning the six-month deadline for self-classified substances with the 18-month timeline used for harmonised classifications.
• Digitalisation: Many stakeholders advocated expanding the legal basis for digital labelling, especially in B2B and multilingual contexts, to complement or partially replace on-pack information.
• Harmonised Classification and Labelling (CLH) – Industry and NGO representatives agreed on the need to streamline the CLH process. Proposals included allowing better use of new data, clarifying exposure routes, and automatically updating Annex VI based on scientific opinions.
• Mixture classification and expert judgment: Particularly for detergents, stakeholders warned that limitations on the use of expert judgment and weight-of-evidence approaches could lead to disproportionate and misleading classifications.
• Label updates and stock management – Several stakeholders noted that short implementation timelines could lead to product and label waste, undermining the Green Deal and packaging legislation.
• Terminology clarity – Calls were made to better define “advertisement” and “distance sales” in the CLP to avoid compliance ambiguities.

The EC will now prepare a report to inform political decision-making.

HSE public consultation on GB BPR, GB CLP, GB PIC

Meanwhile, in the UK, HSE is holding a public consultation on chemicals legislative reform and for changes to HSE-led chemicals policy. These proposed changes to the HSE-led areas of the chemicals framework are hoping to result in reducing costs to business. HSE will need to make these changes through an appropriate legislative route that may require new legislative powers.

The consultation seeks views on:

• GB Biocidal Products Regulation (GB BPR)
• GB Classification, Labelling and Packaging of substances and mixtures (GB CLP)
• The export and import of hazardous chemicals – GB Prior Informed Consent (GB PIC)

The consultation is part of the government’s policy paper ‘New approach to ensure regulators and regulation support growth’, which is an action plan aimed to kickstart economic growth by reducing the “complexity and burden of regulations”. This is a similar approach to the EC’s simplification strategy.

HSE is interested in views on the recent revisions to EU CLP, their potential impact on the UK’s internal market and the merits of applying a consistent CLP regime across the UK.

View the consultation on the HSE website.

Responses should be submitted by 18 August 2025, 11:59pm.

Questions on the consultation can be emailed to: Chemicals.Reform@hse.gov.uk

UK Countersignature – Multilateral Agreement M364

The UK has countersigned Multilateral Agreement M364.

This multilateral agreement concerns the revised proposal that was adopted for ADR 2027 in the 117th session of the Working Party on the Transport of Dangerous Goods (5-9 May 2025) to indicate that the certificate of approval for a trailer may be located on the trailer. This agreement will allow an early application of this provision.

“By derogation from the provisions in 8.1.2.2 concerning documents to be carried on the transport unit, the certificate of approval for a trailer need not to be in the driver’s cab provided it is kept accessible in a safe place on the trailer, protected from the weather.”

Upcoming changes to ADR Drivers Instructions in Writing

The regulations concerning the transport of dangerous by rail (RID), road (ADR), and inland waterway (ADN), require that the crew is obliged to carry instructions in writing (ref. 5.4.3), which can be used as an aid during an accident or emergency situation. Sometimes, changes are made to the instructions in writing when a new version of RID/ADR/ADN is published; sometimes, they stay the same for several years.

The current instructions in writing have not changed since RID/ADR/ADN 2017, with only small changes to the text and the addition of the danger label 9A (batteries). However, proposals to amend them have been adopted and will come into force the next versions of RID/ADR/ADN on 1 January 2027.

The amendments include:

• Refer to “de-energizing electrical circuits” instead of “battery master switch”
• Update the footnote b (on page 4) of the instructions to add label 9A.
• In the tables on pages 2 and 3 of the instructions in writing, amend the text to replace “Risk of” with “May cause”, and replace “Risk” by “Hazardous” and “Hazards”.

For example, change the text of label 3 for flammable liquids from “Risk of fire. Risk of explosion.” to “May cause fire. May cause explosion.” This is to allow a more consistent use of the terms “risk”, “hazard” and “danger”.

A transitional measure was added to allow industry time to make the changes in Chapter 1.6: “1.6.1.58 The instructions in writing in accordance with the requirements of RID/ADR/ADN applicable up to 31 December 2026, but which do not however conform to the requirements of 5.4.3 applicable as from 1 January 2027, may continue to be used until 31 December 2027.”

Publication of GB mandatory classification and labelling (GB MCL) technical reports

The next batch of GB MCL technical reports for substances classified according to the GB CLP Regulation is now available for download at the end of the GB MCL publication table (.xlsx).

A GB MCL technical report is an independent scientific evaluation of the information submitted under the stand-alone GB mandatory classification and labelling (GB MCL) process or as part of the EU harmonised classification and labelling process (EU CLH).

It sets out whether there is adequate scientific evidence to support a new or revised GB MCL of a substance and what that GB MCL should be. If evidence comes to the attention of HSE that may lead to new or revised GB MCL, then HSE has the scientific and regulatory expertise to prepare a GB MCL proposal.

These GB MCL technical reports relate to substances for which the Committee for Risk Assessment (RAC) published a RAC Opinion under Article 37(4) of EU CLP during 2024, based on information submitted under the EU CLP Regulation. The scientific information supporting the RAC Opinion is evaluated under the GB MCL system.

GB is free to determine its own GB MCLs where it is justified by supporting scientific data and wider policy considerations. This may result in GB having a different MCL to the for the same substance.

There are 10 new GB MCL technical reports, including reports under PPP and BPR for:

• 2-pyrrolidone; pyrrolidin-2-one (EC 210-483-1, CAS 616-45-5)
• Rape oil; rape seed oil (EC 232-299-0, CAS 8002-13-9)
• Eugenol; 2-methoxy-4-(prop-2-en-1-yl)phenol (EC 202-589-1, CAS 97-53- 0)

At the time of publication, the classification and labelling proposed in these technical reports has not been agreed and/or adopted in GB.

HSE expect to publish the next batch of technical reports in September 2025.

For information on the next steps in the process, please see the HSE webpage on the GB MCL system.

EU-wide inspections on REACH Safety Data Sheets

ECHA has announced an EU-wide enforcement project (REF-15) that will launch in 2027 focusing on the compliance of Safety Data Sheets (SDSs). This is a long-standing issue and follows poor results from previous enforcement projects – including the Forum’s REF-2 project in 2013, where up to 52 % of SDS were found to be deficient, and REF-11 in 2023, where approximately 30% of the SDSs reviewed showed serious deficiencies. Experience from enforcement activities in Member States confirms that the issue persists.

National authorities from 28 EU/EEA countries will conduct targeted inspections to check safe use information in SDSs and that risk management measures recommended in them are implemented in the workplace. The project will include checking that companies with an authorisation to use a substance of very high concern apply the required conditions. Controls will also cover the use of certain restricted hazardous substances for which special conditions apply for use in the workplace (e.g. diisocyanates, NMP, DMF).

Non-compliant SDSs increase the risk of chemical accidents and chronic exposure, potentially causing long-term health effects for workers.

Inspections will take place in 2027 and the report is planned for 2028.

For more information on anything in this Newsletter, please contact us at info@chemregs.co.uk