EU Commission Improves Annex VIII Emergency Response Requirements

You are here

September 8, 2020Scott StephensBlog

On 31 August 2020 the European Commission adopted two delegated regulations, amending the Classification, Labeling and Packaging Regulation (CLP - 2008/1272/EC) to remedy a number of shortcomings identified by stakeholders in the initially adopted version of the poison centre notification framework (Regulation 2017/542/EU).

Verisk 3E Review

The first delegated regulation amends Annex VIII (harmonized information requirements for emergency health response) to the CLP, addressing the following shortcomings:

  • The difficulty of knowing the exact composition of products in cases where raw materials with highly variable or unknown compositions are used
  • Where multiple suppliers are being used for components that are stored in the same recipient
  • Where complex supply chains are involved, as well as the impossibility to know in advance which exact custom-made mixtures will be placed on the market

This legislation introduces a general solution with the concept of an interchangeable component group (ICG), as well as more sector specific solutions for gypsum, ready mixed concrete, cement and petroleum products and custom-made paints.

This legislation is closely related to the second delegated regulation, adopted at the same time, which amends Article 25 of the CLP concerning custom-made paints. 

The second regulation adds special labeling provisions addressing paints formulated in limited amounts on a tailor-made basis for individual consumers or professional users at the point of sale.

Adoption of these two pieces of legislation follows the publication of Delegated Regulation 2020/11/EU in January 2020. It postponed the first compliance date for reporting harmonized emergency health response information to member state poison centres, for mixtures intended for consumer use, to 1 January 2021.

Verisk 3E Analysis

According to the Commission, the two delegated regulations are scheduled to be published in the EU Official Journal in the beginning of November 2020. Pursuant to the adopted regulations, they will become effective the day after they are published.   
The first deadline for submitting harmonized emergency response information to the EU competent authority is set for 1 January 2021.