On the 18 September 2019, the 31st meeting of the Competent Authorities for REACH1 and CLP2 (CARACAL) agreed to the European Commission’s proposed changes to Annex VIII to CLP. This was to extend the deadline for harmonised reporting to poison centres for mixtures intended for consumer use to 1 January 2021. The EC has subsequently adopted a delegated regulation that amends the CLP regulation and also introduces a few changes to how the information needs to be provided.
This came after reviewing feedback around the recent workability study on the application of CLP Annex VIII and the submission of poison centre notifications to the European Union Member States. The deadline extension provides businesses selling consumer products an additional year to complete their poison centre notifications. The delegated regulation has now been published.
This means that consumer and professional products now have the same deadline of 1 January 2021. The compliance deadline for industrial products remains at 1 January 2024.
The Annex VIII deadlines are now set as:
- 1 January 2021 – Consumer and professional use.
- 1 January 2024 – Industrial use.
- 1 January 2025 – For those who completed Member State notifications.
NCEC can now complete Annex VIII and Member State notifications on your behalf.
Notification for some companies is going to be time consuming and complex, but notifications that are completed before the Annex VIII deadlines are valid until 2025, assuming no change in classification after notification. Member State notifications allow you to reap the benefits of notifying early and give you around 5 years to watch over the transitional period of the Annex VIII implementation. Therefore, companies can buy themselves time to monitor these regulations and how these changes are going to affect them. You can also read more about Annex VIII Member State implementation plans here.
The benefits of Member State notifications include:
- Early compliance with current legal regulations to notify products – giving some peace of mind in an ever-changing regulatory landscape.
- Potential cost benefits – as the deadline gets closer, there is increased workload for the poison centres and fee increases may be deployed to help secure the extra resources needed.
- Extended time to comply – those notifying early benefit from a grace period, which means that any product updates (including unique formula identifiers (UFIs) on labels) will not have to be done until 2025.
- Greater confidentiality – Annex VIII requirements will introduce narrower ranges when declaring product composition, meaning that business can retain greater confidentiality of their portfolio of products by notifying early.
Notify now and benefit from the extended deadline of 2025.
NCEC’s poison centre team has been supporting a wide variety of customers with Member State notifications for several years and is perfectly placed to support your specific requirements. Our poison centre notification package has been developed using our years of experience, by researching each Member State’s implementation of poison centre legislation and through helping to shape poison centre policy through work with the European Commission.
If you think that your business may be well positioned to take advantage of this extension to the deadline, but would like further advice, please don’t hesitate to get in touch.
1 Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation.
2 Classification, labelling and packaging of substances and mixtures Regulation.