The Health and Safety Executive (HSE) has announced a significant update to the Great Britain Mandatory Classification and Labelling (GB MCL) list, affecting 88 chemical substances. This decision, endorsed by the Minister for Lords with the consent of Scottish and Welsh Ministers, aligns these substances with the 14th and 15th EU Adaptations to Technical Progress (ATPs) under the EU Classification, Labelling, and Packaging (CLP) Regulation.
Key Changes and Compliance Dates
The updated GB MCL list was published on 26 June 2024, and includes legally binding entries for the 88 substances. The entry into force and compliance date for these substances is also 26 June 2024. This update is crucial in ensuring that the GB MCL list accurately reflects substances that were not assimilated into GB law following Brexit.
Impact on Dutyholders
For the majority of dutyholders, this update will not require any additional action. The classifications and labelling requirements for these 88 substances remain unchanged. However, two substances, titanium dioxide (in powder form) and granulated copper, have been removed from the list pending further assessment. Dutyholders dealing with these substances are advised to self-classify in accordance with the GB CLP Regulation until further notice.
Background and Process
This update was conducted under Article 37 of the GB CLP Regulation, following a consolidated ministerial decision. The decision was necessitated by the need to give legal effect to entries that were initially included in the EU harmonised classification but were not retained in GB law after 31 December 2020, the end of the Brexit transition period.
Future Assessments and Notifications
The HSE has indicated that further assessments for titanium dioxide and granulated copper will be carried out under Article 37A of the GB CLP Regulation. Stakeholders will be notified via future CLP e-Bulletins when new proposals for these substances are published on the HSE website.
