Do you manufacture, import, use or distribute chemical substances or mixtures?
Some retail chains have started to require their suppliers to start classifying, labelling, and packaging hazardous chemicals appropriately before placing them on the market.
The labelling of dangerous chemicals is a key element in ensuring the safety of both consumers and workers. Regulation (EU) 2024/2865 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (hereinafter CLP) entered into force on 10 December 2024 and applies for 18 months from that date, with some exceptions.
One of the main objectives of the CLP Regulation is to determine whether a substance or mixture exhibits the characteristics that lead to its classification as dangerous. In this respect, classification is the first step towards communication of danger. The CLP Regulation applies to you if you manufacture, import, use, or distribute chemical substances or mixtures. You must classify, label and package each substance or mixture under the CLP Regulation before placing it on the EU market, regardless of its annual quantity.
Changes brought about by the addition of the CLP Regulation
The amendments aim to adapt the regulation to technological developments, to new sales methods such as online sales and to ensure that substances and mixtures sold in the European Union meet the required standards to protect human health and the environment. The Regulation introduces new provisions on digital labeling, updates requirements for filling stations and improves the enforcement of safety measures for dangerous substances and mixtures. The Regulation also introduces, among other things, a new approach to classifying substances containing more than one ingredient concerning the danger classes in Annex I of the CLP Regulation.
Under the Regulation, the following requirements apply to digital labeling:
- Attachment or printing of the data carrier: The data carrier that binds to the digital label must be firmly attached or printed on the physical label or packaging next to the label so that it can be automatically processed by common digital devices.
- Accessibility: The digital label must be accessible free of charge, without the need to register, download or install applications or enter a password. The information must remain accessible for at least 10 years or longer if required by other EU legislation.
- Accessibility for vulnerable groups: The digital label must consider the needs of vulnerable groups and promote the necessary adaptations to facilitate access to the information for these groups.
- Easy access: The digital label must be accessible with no more than two clicks and the information on the digital label must be searchable.
- Compatibility: The digital label must be compatible with all major operating systems and browsers.
- Language options: If the information on the digital label is accessible in more than one language, the choice of language must not be conditional on the geographical location from which the information is accessed.
Fold-out label and "standard" format
Previously, fold-out labels (fold-out leaflets) were mainly used for small packages. Now the fold-out label is becoming the standard format for products. The classic fold-out label allows better organisation of information, especially by presenting it in a more readable and structured way in the case of multilingual labels. The content of the folding leaflet is specified in the Regulation.
New requirements for dangerous substances or mixtures supplied to consumers and professional users via filling stations
The labeling of chemical products at filling stations is a key area of modern regulation. Filling stations that are responsible for making these products available must ensure that the products to be filled are labelled in accordance with applicable regulatory requirements. In addition, specific rules apply not only to the products themselves but also to filling stations and their staff. This includes mandatory training on safe handling of the products, understanding the chemical risks and what to do in case of an incident.
Deadlines for implementation of the Regulation
General application: Most of the provisions, including the new labelling rules, will apply from 1 July 2026.
Declaration of emergency response information: These requirements, as defined in Article 45 and Annex VIII, will enter into force on 1 January 2027.
Optional early application: Suppliers can apply the new rules on a voluntary basis from 10 December 2024, offering flexibility to anticipate regulatory requirements.
Transitional provisions: Substances and mixtures placed on the market before 1 July 2026 and complying with the previous provisions may remain on the market until 1 July 2028 without a change in classification or labeling.