On 26 June 2024, the UK Health and Safety Executive (HSE) announced a significant update to the Great Britain Mandatory Classification and Labelling (GB MCL) list, giving legal effect to the inclusion of 88 chemical substances. This update is in line with the 14th and 15th EU Adaptations to Progress (ATP), updating the Classification, Labelling and Packaging (CLP) Regulation.

Ministerial Approval

The decision, approved by the Minister for Lords (MfL) with the consent of the Scottish and Welsh Ministers, ensures that the 88 substances are now officially listed in the GB MCL under Article 37 of the GB CLP Regulation. This action was necessary to include entries from the EU classification that were not retained in GB law after Brexit ended on 31 December 2020.

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 critical to ensure that the GB MCL list accurately reflects substances that have not been incorporated into GB law post-Brexit. The detailed GB MCL consolidated summary, which includes the 88 substances, is available here.

Impact on Duty Holders

For most duty holders, 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.

Future Assessments and Notifications

The HSE has indicated that further assessments will be carried out for titanium dioxide and granulated copper under Article 37A of the GB CLP Regulation, as additional information has been identified that requires further assessment. Duty holders affected by the declassification of these two substances should self-classify in accordance with the GB CLP Regulation while the HSE continues to review the GB MCLs for these two substances under the Article 37A procedure. No timetable has yet been agreed for the Article 37A assessment of titanium dioxide (in powder form) and granulated copper.

The UK government has extended the deadline of the public consultation on proposals to amend the current transitional provisions under UK-REACH by introducing an Alternative Transitional Registration model (ATRm) until 25 July 2024. Launched on 16 May 2024, the consultation seeks to gather stakeholder opinions on proposed changes to the UK-REACH framework, aiming to reduce costs for businesses transitioning from the EU- REACH regime while maintaining health and environmental protections.

Key Proposals to Improve UK-REACH

Key proposals include reducing duplication, speeding up decision-making, and introducing measures to minimize animal testing. The consultation also addresses changes to the restriction and reporting processes and assesses impacts on trade.

Stakeholders, particularly those from chemical businesses and related sectors, are encouraged to participate and provide their views. The feedback will inform future legislative changes, supported by a Statutory Instrument and impact assessment, to be introduced after a second consultation.

For more information and to participate, visit the Defra website here.