The impact of the CLP Regulation on Safety Data Sheets
MSDS-Europe – Safety Data Sheet Knowledge Base – The impact of the CLP Regulation on safety data sheets
With the entry into force of the CLP Regulation, the requirements for safety data sheets have changed and a new labelling scheme has replaced the former DPD/DSD system. Unlike the previous legislation, the CLP classification system uses hazard classes and two signal words – “Danger” and “Warning”.
The legislation currently in force is Commission Regulation (EU) 2015/830, which will be replaced on 1 January 2023 by Commission Regulation (EU) 2020/878.
The introduction of CLP imposes greater duties on companies handling chemicals, so it is wise to prepare for the changes now.
- Impact of legislative changes on safety data sheets
- The Chemical Safety Act – the DSD/DPD classification
- REACH and its effect on safety data sheets
- CLP – bringing GHS into EU law
- Impact of Regulation 453/2010/EU
- Our present and near future – Commission Regulation (EU) 2020/878
- Deadlines
- The future…
31 May 2017 marked the end of the grace period for mixtures already on the market.
Under Article 62 of Regulation (EC) No 1272/2008, every mixture may be placed on the market only with CLP-compliant labels, packaging and an SDS containing the correct classification.
Introducing CLP closed a long transitional process and has brought (and will continue to bring) major tasks for companies working with chemicals and mixtures.
Impact of legislative changes on safety data sheets
Over the last 15 years, Hungary and other EU Member States have seen a rapidly evolving regulatory landscape in chemical safety. The content and format requirements for SDSs have changed significantly for both substances and mixtures.
SDSs must always comply with current legislation – no small task given the technical expertise required.
For 20 years, ToxInfo Ltd. has been helping partners comply with these rules, gaining first-hand insight into every regulatory change.
This article reviews key changes of the past and the near future, bidding a fitting farewell to the familiar orange hazard symbols.
The Chemical Safety Act – the DSD/DPD classification
Specifically, Directive 67/548/EEC on dangerous substances (DSD) and Directive 1999/45/EC on dangerous preparations (DPD), both transposed in Hungary into the Act XXV of 2000 and its implementing Decree 44/2000.
It was Hungary’s first EU-aligned classification and labelling system. Even before EU accession, the country adopted the Union’s unified labelling.
SDSs and labels featured R-phrases, S-phrases and black hazard symbols on an orange background.
Despite later changes, DPD classification can still appear on SDSs for hazardous mixtures – but only until 1 June 2017.
REACH and its effect on safety data sheets
The EU’s REACH Regulation (Registration, Evaluation and Authorisation of Chemicals) replaced nearly 40 directives with a single law covering all actors in the supply chain. It entered into force on 1 June 2007, with Annex II setting the SDS format and content.
Plans for Europe-wide GHS (Globally Harmonised System) were already in motion.
CLP – bringing GHS into EU law
The next milestone was Regulation (EC) 1272/2008 (CL P), the European implementation of GHS.
CLP introduced a new labelling scheme for substances and mixtures, forcing a full SDS overhaul under tight deadlines.
Traditional symbols were replaced by diamond-shaped pictograms with red borders (hazard pictograms). It also introduced hazard classes, categories and two signal words – “Danger” and “Warning”.
R- and S-phrases were replaced by H-statements and P-statements; EUH statements were retained where GHS lacked equivalents.
Impact of Regulation 453/2010/EU
Regulation 453/2010/EU amended REACH Annex II and made CLP content rules binding.
From 1 December 2010 substances had to follow CLP; for mixtures the deadline was 1 June 2015, with an extended grace period lasting, in some cases, until 1 June 2017.
After 1 June 2015 CLP became mandatory, but the 1 June 2017 deadline still applied for certain mixtures already on the market.
Our present and near future – Commission Regulation (EU) 2020/878
The current framework is Commission Regulation (EU) 2015/830, which consolidated earlier amendments.
Commission Regulation (EU) 2020/878 entered into force on 1 January 2021 and will replace Regulation 2015/830 on 1 January 2023.
Create a new SDS or update an existing SDS in line with the 2020/878 Regulation.
Further details on SDS content and format under 2020/878
DEADLINES
Until 1 June 2017:
Mixtures classified under DPD before 1 June 2015 could still be supplied with DPD labelling until 1 June 2017, after which CLP became mandatory.
After 31 May 2017: 1 June 2017 – Farewell to DPD labelling
Important: there is no grace period after 31 May 2017 – DPD-labelled products are no longer permitted.
Prepare early: audit stocks, recall DPD-labelled goods or relabel them in-house.
Labelling must always match the SDS; updating the SDS is the first step in any transition.
FAQs – Frequently Asked Questions on Chemical Safety
The future…
DPD may vanish after 17 years, but SDSs will keep evolving. Global harmonisation aims aside, local rules will continue to play a role.
Unfortunately, the workload for companies handling chemicals is unlikely to diminish.
Service recommendations
- Update SDSs to CLP requirements
- Prepare CLP label designs
- Consultancy for CLP compliance
Useful articles
- Precautionary P-statements
- Hazard H-statements
- Hazard pictograms
- Content and format of an SDS
- Compiling an SDS
- Abbreviations and acronyms in SDSs
- FAQs – Frequently Asked Questions on Chemical Safety