Chemical compliance: new and draft ATPs published

The Summer break is over, and the European Commission is back to work following the elections earlier this year. In the first of what will no doubt be a steady stream of legislation updates, the 22nd Adaptation to Technical Progress (ATP) to the Classification, Labelling and Packaging (CLP) Regulation was published in the Official Journal (OJ) on 30th September 2024.

This ATP contains new and updated entries based on the ECHA Risk Assessment Committee (RAC) opinions that were published in 2022, including classifications for several substances that provoked a lot of interest, such as n-hexane, hexyl salicylate, copper, and silver. The deadline for compliance for this update is 1 May 2026. The text of the regulation, including the full list of new and amended classifications can be found here: Delegated regulation - EU - 2024/2564 - EN - EUR-Lex. 

A draft of the 23rd ATP has been sent to the World Trade Organisation - Technical Barriers to Trade Committee (WTO-TBT) for consultation. The draft, which is based on the 2023 RAC opinions appears to have omitted several of the more contentious classifications, including that for Tea Tree Oil, however, the controversial classification for nitrous oxide is still included. The consultation is open until 24th November, with a proposed timescale for adoption of Q4 2024 and publication in the EU Official Journal approximately two months later.

These updates will trigger changes to classification and labelling of substances and mixtures, requiring companies to update their safety data sheets, labels, classification and labelling inventory notifications, and poison centre notifications. Some of the changes will also have wider downstream impacts, affecting market placement and other regulatory obligations for some products.

If you would like support with staying up to date with ATP changes as well as other regulatory lists our Chemical Compliance Monitor (CCM) can provide you with regular updates from our expert team.

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