ChemRegs Newsletter – October 2024

New EU CLP Regulation adopted

The Council of the European Union adopted a new regulation on the classification, labelling and packaging of chemical substances (CLP) on 14 October 2024.

After the Presidents of the European Parliament and the Council have signed it, the new EU CLP Regulation will be published in the Official Journal of the European Union and will enter into force 20 days later.

The new EU 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.

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.

The new EU CLP Regulation includes:

• Updated rules for classifying complex substances (substances containing more than one constituent, known as ‘MOCS’). The EU Parliament and the Council have agreed on a specific derogation for plant extracts, including essential oils, with a 5-year review of scientific evidence by the Commission.
• Better protection of consumers when buying hazardous chemicals online. Websites will have to display the hazardous properties of the products.
• Clearer labelling of hazardous chemicals, including for online sales. For instance, the regulation introduces advertising requirements and a minimal font size for hazardous chemicals.
• The possibility for businesses to use fold-out labels and digital labelling, while important safety information and the hazard pictograms will also remain on-pack.
• In addition to EU Member States and industry, the Commission will also have the right to develop classification proposals on potentially hazardous substances. This will speed up the pace at which hazardous substances are identified.
• First ever rules for refillable chemicals, to support the safe sale of household chemicals in bulk. This will also reduce packaging and consequently packaging waste.
• Poison centres will receive better and faster information for medical emergencies.

It is not known if the GB CLP Regulation will follow suit and adopt similar revisions. The process of updating and amending the technical sections of the GB CLP Regulation is done using secondary legislation (regulations), which are subject to the agreement of Parliament before the regulations can enter into force. The process for secondary legislation can be found on Parliament’s website.

EU Poison centre notifications must be in harmonised format from 1 January 2024

The end of the transition period for poison centre notifications in the EU is fast approaching. This means that all notifications for hazardous mixtures placed on the EU market must be in the harmonised format according to Annex VIII of the EU Classification, Labelling and Packaging (CLP) Regulation as from 1 January 2025.

The transition period has allowed companies to continue placing their hazardous mixtures on the market according to non-harmonised national requirements. From 1 January 2025, these submissions will no longer comply with the EU CLP Regulation.

If companies intend to keep placing these mixtures on the market after this date, they will have to submit a new notification as required by Annex VIII of EU CLP and include the unique formula identifier (UFI) on the label. ECHA recommends notifiers to use the ECHA Submission portal to prepare and submit their information in the harmonised format.

For help, visit the support page on the poison centre website, or contact the ECHA Helpdesk.

Please note that this does not affect hazardous mixtures placed on the GB market as the GB CLP Regulation applies instead, and suppliers may continue to voluntarily submit information to the UK National Poisons Information Service (NPIS) in the form of a SDS by email. However, it does affect mixtures placed on the market in Northern Ireland (NI) as chemicals (substances or mixtures) placed on the market in NI must comply with the EU CLP Regulation.

New list reveals the most dangerous cargo found in shipping containers

The International Cargo Handling Co-ordination Association’s (ICHCA) “Cargo Integrity Group” has recently identified a number of cargoes, commonly carried in containers, that under certain conditions can cause dangerous incidents.

The Cargo Integrity Group is a partnership of industry associations seeking to raise awareness and greater uptake of the IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units, often referred to as CTU Code. It includes the Bureau International des Containers (BIC), the Container Owners Association (COA), the International Federation of Freight Forwarders Associations (FIATA), ICHCA, the Global Shippers’ Forum, TT Club and the World Shipping Council (WSC).

As well as promoting sound packing and shipping practices, the Cargo Integrity Group aims to increase awareness about the types of goods, often less obvious, that can compromise safety in the container supply chain under certain conditions.

The Group has identified fifteen such ‘Cargoes of Concern’ that are commonly transported by sea and intermodally. While these are usually transported safely when regulations and guidelines are followed, the Group has created this list to highlight cargoes that can become hazardous if handled incorrectly. They emphasize that cargoes that are mis-declared or have incomplete or incorrect information about their identity are more likely to be involved in
incidents.

This list is not exhaustive, but each item illustrates a common type of hazard, divided into three categories.

Reactive Hazards – These cargoes can catch fire and cause significant damage and casualties under certain conditions. They are generally subject to Dangerous Goods regulations. Examples are:

• Charcoal / carbon
• Calcium Hypochlorite
• Lithium-ion batteries
• Cotton and wool
• Fishmeal and krill
• Seed cake

Spill or Leak Risks – These commodities can present a risk if not packed properly or if they are damaged. Spills or leaks from these cargoes can harm the health of people cleaning up the spill as well as the environment. Examples are:

• Hides and skins
• Wine
• Bitumen
• Cocoa butter
• Waste – recycled engines and engine parts
• Vegetable and other oils, particularly when packed in flexitanks

Improper Packing Consequences – Cargoes that are poorly or incorrectly packed or secured in the container can lead to injuries to personnel or damage to nearby containers, property, or other cargo. Such incidents can cause severe accidents at sea or on land, such as truck rollovers and train derailments. Examples are:

• Logs and timber
• Steel coils
• Marble and granite

The list is based on data from, among other sources, the claims history of leading freight insurance provider, TT Club; a report prepared by ICHCA and submitted to the IMO on incidents involving dangerous goods on ships or in ports, and from CINS which collates information provided by its members on incidents involving dangerous cargo.

As part of this effort the Group has developed a ‘Quick Guide’ to the CTU Code, together with a Checklist of actions and responsibilities for the guidance of those undertaking the packing of cargoes in freight containers.

‘CTU Code – a quick guide’ is a route-map for industry to engage more successfully with the CTU Code and to assist wider understanding of good packing practices. Using diagrams aimed to clarify the entire process and icons to emphasise key do’s and don’ts, the condensed text follows the end-to-end cargo packing process, in much the same way as the CTU Code itself, with appropriate references to the full Code.

Container Packing Checklist – this checklist for intermodal freight containers for safe packing and avoidance of pest contamination is based on CTU Code. This checklist sequences the main check-points from a container packer’s perspective and successful completion facilitates safe and secure dispatch of a container. Use of this can be in paper form or as an editable PDF and may be retained as a record of the packing process for each packed container.

Both the Quick Guide and the Checklist are available in all six official IMO languages at: https://ichca.com/cargo-integrity-group

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