In line with the new CLP provisions allowing the formation of a classification network and building on the CLP hierarchy of data for classification, A.I.S.E. initiated a broad project with the objective to secure adequate data generation for safety assessment, and thus, classification and labeling of products.

The purpose of organizing a network is to maximize the use of existing information and bring together expertise in the evaluation of information, test data, weight of evidence determinations and bridging principles. For details on how it works, click here. Sector-harmonisation is also in line with the internal market objective of the CLP Regulation.

The classification hierarchy differs between CLP and DPD:

The key changes are: 

• The new hierarchy of CLP (see ECHA guidelines) is clearer: for skin and eye effects, mixture data prevail. It is important to note that CLP does not allow testing on humans for classification purposes and new tests on animals can only be undertaken in certain circumstances. Existing in vivo data (animal, human) and in vitro data can be used together with any new data generated using in vitro test methods;
• Test data are not restricted to methods in Test Methods Regulation (EC) No. 440/2008: methods validated according to international procedures or based on sound scientific principles that are internationally recognised can also be used;
• Bridging principles are clearly defined in CLP Annex I. They can be regarded as rules for ‘reading across’ from one mixture to another, based on the composition of the tested and the untested mixture(s);
• Possibility to create an industry network for classification.

For Until 01 June 2015

Mixtures have to be classified, labelled and packaged in accordance with the DPD until 01 June 2015. In addition, mixtures may be classified, labelled and packaged according to CLP before 01 June 2015 (in this case, DPD labelling and packaging provisions do not apply).

If CLP is applied to a mixture before 01 June 2015, the Safety Data Sheet (Annex II REACH) must contain both the DPD and CLP classifications of the mixture.

Mixtures classified, labelled and packaged according to the DPD and already placed on the market before 01 June 2015, do not require re-labelling and re-packaging according to CLP until 01 June 2017.

After 01 June 2015

DSD and DPD are repealed; only CLP remains in force. Where a mixture has been classified according to the DPD before 01 June 2015, suppliers may amend the classification of the mixture using the translation table in Annex VII (Art. 61.5 – similar provisions apply to substances classified before 01 December 2010). It should be noted however that (i) direct translation is not possible for certain endpoints and (ii) Annex VII indicates that an evaluation and classification must be carried out in accordance with Articles 9 – 13 when data for the mixture are available.

A supplier cannot decide to apply CLP for certain hazard classes only during the transitional period. If a supplier decides to apply CLP for mixtures before 01 June 2015 then they must implement CLP provisions in full.