In a press release dated 15 January 2015, the European Chemicals Agency announced the publication of a new report on CMRs (carcinogenic, mutagenic or toxic to reproduction) available on the European market.
CLP Regulation : overview of the progresses made by companies
This report is an overview of the progresses made by companies with regard to the harmonized classification established by the CLP Regulation (Regulation (EC) No 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures). The report also identifies CMR substances that would need further regulatory action.
Classification of CMR substances
The CLP Regulation classifies CMR substances into the following categories and sub-categories:
- Category 1A: the CMR potential of the substance is proved;
- Category 1B: the CMR potential of the substance is assumed;
- Category 2: the CMR potential of the substance is suspected.
This classification will be mandatory as of 1 June 2015. Currently, it co-exists with the classification into three categories (categories 1, 2 and 3) under Directive 67/548/EEC of 27 June 1967. Several tables in Annex I to the CLP Regulation indicate, for each category, the pictogram to be affixed to the packaging.
Aims of the CMR Report
- On the one hand, the report aims to evaluate to what extent the holders and registrants classified CMR substances according to harmonized classification.
- On the other hand, it aims to identify the substances on the European Union market with CMR properties, which do not currently have a harmonised CMR classification.
It also examines the registration and notification of various substances, including those listed in Annex VI to the Regulation and those which by their chemical properties are being considered as CMR substances. Following this analysis, it evaluates whether some substances require or not a harmonized classification.
The report mainly concludes that there are over a thousand CMR substances that would need further regulatory action such as harmonised classification or identification as Substance of Very High Concern. These substances are currently prioritised by ECHA and the Member State competent authorities for appropriate risk management actions.
Furthermore, all substances for which over five percent inconsistency with the harmonised classification was found, as well as substances with registrations not following the harmonised CMR classification, are listed in Annex I to the report.
As a reminder, Regulation (EU) No 1297/2014 of 5 December 2014 amends the requirements in relation to the packaging for liquid consumer laundry detergent. These packagings shall, with effect from 1 June 2015, meet the requirements of the new section 3.3 of Annex II of the CLP Regulation (Regulation (EC) No 1272/2008 of 16 December 2008 on the classification, labeling and packaging of substances and mixtures). For detergents placed on the market before that date, the new requirements shall apply only as of 1 January 2016.
Red-on-line EHS Legal Expert
- Press release of the European Chemicals Agency, “ECHA is prioritising CMR substances for risk management”,ECHA/PR/15/02, 19 January 2015
- 2014 CMR Report of the European Chemicals Agency, 19 January 2015
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