The EC is proposing to replace the current EU classification and labelling system for hazardous chemicals, which is established by
the Dangerous Substances Directive
(67/548/EEC), the Dangerous Preparations Directive (1999/45/EC), and the Safety Data Sheet Directive (91/155/EEC as amended 2001/58EEC),
with a new system based on the UN GHS. This new direct-acting European Regulation system will replace the
UK ’s Chemical (Hazard Information and Packaging for Supply) Regulations (CHIP).
The UN GHS is broadly similar to the existing EU System in many ways, it continues the general obligation to classify and label chemicals and package them safely but also introduces:
- some new criteria to classify hazards;
- some new hazard symbols (called pictograms)
- new hazard statements and precautionary phrases to replace the current risk and safety phrases; and
- a new duty to notify the European Chemicals Agency of classifications.
Whilst radical changes between the proposed GHS and existing EU classification and labelling system are not anticipated, more mixtures (preparations) may be classified under the GHS criteria, and some substances and mixtures may be classified more severely.
The HSC, the government body responsible for consulting on GHS in the UK, has indicated that it intends “to question any proposed extensions in scope and obligation relative to the existing system and the UN GHS, and seek their removal unless there is sound evidence to retain them”.
The EC is proposing a phase-in approach to the new Regulation, with a 3.5 year period for substances, followed by a further 4.5 year transition period for mixtures (currently called ‘preparations’). In line with the transitional periods, Member States will be required to allow the classification and labelling of substances and mixtures to ‘switch off’ the corresponding existing requirements in national law, and have enforcing regimes in place.
The Regulation was published at the end of June 2007, and negotiations in the European Council of Ministers started in early July and will recommence in mid-September 2007. The HSC’s formal UK consultation will run for the full 12 week period until the 2 November. Member comments would be welcome. A copy of the consultative document is available via the HSE’s website www.hse.gov.uk/consult.live.htm
Development of the GHS
The Earth Summit held in Rio de Janerio in 1992 generated an international mandate to create a 'globally harmonised hazard and classification and compatible labelling system, introducing material safety data sheets and easily understandable symbols'.
Whilst it is recognised that existing international classification and labelling laws and regulations share many similarities, their differences are significant enough to create inconsistencies in the level of protection offered to workers, consumers and the environment during the handling, transport and use of hazardous chemicals. The outcome of the work undertaken by the UN resulted in the publication of the GHS, also commonly known as the ‘Purple Book’.
The UN GHS is a voluntary agreement which allows countries to implement the ‘building blocks’ they wish within certain limitations and to keep national requirements that are not currently covered by the GHS – provided they do not contradict the GHS. Whilst this flexible approach will not initially ensure global ‘harmonisation’, it is envisaged that it will be fully harmonised over time once the major trading blocks have implemented the GHS (i.e. US, EU, etc).