Health and Safety
Executive / Commission
Globally
Harmonised Systems
Under the proposed Regulation there will be:
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The new Regulation will apply directly in all member states. This means, first, member states will not need to implement the Regulation in national legislation. Second, member states will need to repeal national legislation that implements the existing classification and labelling system.
I n Great Britain , the implementing legislation is the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (as amended), and in Northern Ireland (NI) the Chemicals (Hazard Information and Packaging for Supply) (Northern Ireland) Regulations 2002.
Although the CHIP Regulations will be repealed in full in the UK when the new Regulation is fully in force (anticipated June 2015), it may be necessary to amend CHIP and its supporting guidance as the transitional period progresses and the new Regulation begins to apply the new GHS regime.
Details of any further amendments will appear on this website.
The approved supply list (ASL) is an integral part of the CHIP Regulations.
The ASL publishes Annex I of the Dangerous Substances Directive (67/548/EEC) which lists the harmonised classifications and labelling requirements for some 7000 substances. The classifications are legally binding and must be used by suppliers.
The ASL will also be repealed at the conclusion of the transitional period.
The European Chemicals Bureau is currently ‘translating’ these harmonised classifications and labelling requirements in to the GHS criteria. Once done, all the agreed harmonised classifications that currently appear in Annex 1 of the DangerousSubstances Directive will be transferred to Annex VI of the new Regulation on the Classification, Labelling and Packaging of substances and mixtures.
As with the current classification and labelling system, substances will continue to be added to the list of harmonised classifications and entered into the Inventory.
Resources of member states’ authorities will continue to be focused on substances of the highest concern, mainly substances classified for carcinogenicity, germ cell mutagenicity or reproductive toxicity (categories 1A or 1B according to GHS), respiratory sensitisation or for other effects on a case-by-case basis. Such classifications will be continue to be harmonised and entered into Annex VI.
The new Regulation will create a classification and labelling inventory. The inventory will be populated by classifications determined by industry. Much of the information provided on these classifications will be submitted as part of the suppliers’ REACH registration for those substances that are placed on the market.
Annex VII of the proposed new Regulation presents a ‘translation’ table which can be used to ‘convert’ classifications made under the current Dangerous Substances Directive to the new classifications made by applying the GHS criteria. Where there is no direct one-to-one equivalent, the Annex has assigned the least severe classification and places a duty on the supplier to decide if a more severe classification is needed. This annex is intended to be used by those substances and mixtures that have already been self-classified under the existing European legislation, and where the hazard categories identified are equivalent.
The European Commission intends the table to help suppliers/importers of substances and mixtures fulfil their obligations under the new Regulation without having to reclassify, as long as the chemical has already been classified under the existing system. If a supplier/importer chooses not to use the table they must fully re-evaluate the substance or mixture using the criteria in the Regulation.
At this stage, how the translation table will work and its appropriate use is still being developed.
The European Commission has designed the proposed GHS-based Regulation to fit in with other European chemical legislation. The most relevant piece of legislation is the Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) that came into force in June 2007. REACH is one of the largest pieces of European legislation ever produced. Complying with the GHS-based Regulation will be necessary to achieve compliance with REACH.
The European Chemicals Bureau is responsible for developing methodologies, tools and technical guidance needed for REACH through a number of REACH Implementation Projects (RIPs).
The aim of the RIPs is to ensure an efficient implementation of the legislation through developing guidance and IT-tools for the European Chemicals Agency (ECHA), industry and the authorities. The RIPs cover seven main areas and a number of sub-subjects. The activities are coordinated closely with the main stakeholders, ie member states, industry and non-governmental organisations.
As part of this RIPs work, RIP 3.6 aims to produce guidance on the classification and labelling under the proposed GHS-based Regulation. The work on this RIP is underway .
The European Commission is also considering the development of an on-line tool to help industry comply with the GHS-based Regulation. Further details will be provided as the project develops.
UK Government will also work with the European Commission, trade associations, industry and other stakeholders to develop guidance and help educate those affected. HSE is keen to play its part, but as with the REACH Regulation, all stakeholders must take responsibility when developing tools and guidance for understanding the new GHS Regulation. At this early stage HSE cannot confirm what work will be undertaken, as this will depend on the work of the EC, and other stakeholders.
HSE would welcome your ideas and suggestions for guidance material to help with either preparation for the new Regulation, or compliance with it.
Please send your suggestions to:
GHS Guidance
International Chemicals Unit
Rose Court
2 Southwark Bridge
London
SE1 9HS