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 changed and a new labelling scheme 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 former framework for SDS content and format was Commission Regulation (EU) 2015/830, which was replaced from 1 January 2023 by Commission Regulation (EU) 2020/878.
The introduction of CLP imposed greater duties on companies handling chemicals, so it was important to prepare for the changes in time.
- 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 (EU) No 453/2010
- Commission Regulation (EU) 2020/878
- Deadlines
- The future…
31 May 2017 marked the end of the grace period for certain mixtures already on the market.
Under Article 62 of Regulation (EC) No 1272/2008 (CLP), mixtures may be placed on the market only with CLP-compliant labelling and packaging and an SDS containing the correct classification.
Introducing CLP closed a long transitional process and brought (and continues to bring) significant 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 the legislation in force – 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 regulatory changes.
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 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 approach.
SDSs and labels featured R-phrases, S-phrases and black hazard symbols on an orange background.
Despite later changes, DPD classification could still appear on SDSs for certain mixtures during the transitional period – but only until 1 June 2017.
REACH and its effect on safety data sheets
The EU’s REACH Regulation (Registration, Evaluation, Authorisation and Restriction of Chemicals) replaced many earlier directives with a single legal framework covering actors in the supply chain. It entered into force on 1 June 2007, with Annex II setting the SDS format and content requirements.
At the same time, plans for Europe-wide implementation of GHS (Globally Harmonised System) were already in motion.
CLP – bringing GHS into EU law
The next milestone was Regulation (EC) No 1272/2008 (CLP), the EU implementation of GHS.
CLP introduced a new labelling scheme for substances and mixtures, requiring substantial updates to SDSs within set deadlines.
Traditional symbols were replaced by diamond-shaped hazard pictograms with red borders. CLP also introduced hazard classes, hazard categories and two signal words – “Danger” and “Warning”.
R- and S-phrases were replaced by hazard statements (H statements) and precautionary statements (P statements); EUH statements apply where supplemental hazard information is required.
Impact of Regulation (EU) No 453/2010
Regulation (EU) No 453/2010 amended Annex II to the REACH Regulation and aligned SDS content and format requirements with CLP.
From 1 December 2010, substances had to follow CLP. For mixtures, the deadline was 1 June 2015, with an extended transitional period in certain cases until 1 June 2017.
After 1 June 2015, CLP became mandatory, but the 1 June 2017 deadline still applied to certain mixtures already on the market during the transition.
Commission Regulation (EU) 2020/878
The former framework was Commission Regulation (EU) 2015/830, which consolidated earlier amendments to REACH Annex II.
Commission Regulation (EU) 2020/878 entered into force on 1 January 2021 and has applied as the mandatory SDS format and content framework from 1 January 2023 (after the transition period).
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 was no grace period after 31 May 2017 – DPD-labelled products were no longer permitted.
Prepare in time: 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 have disappeared, but SDS requirements will continue to evolve. Although global harmonisation aims to standardise hazard communication, national rules and enforcement practices will continue to play a role.
Unfortunately, the workload for companies handling chemicals is unlikely to diminish.
Service recommendations
- Update SDSs in line with CLP and current Annex II requirements
- Prepare CLP label designs
- Consultancy for CLP compliance
Useful articles
- Precautionary statements (P statements)
- Hazard statements (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