Impact of Regulation (EC) No 1272/2008 (Classification, Labelling and Packaging of substances and mixtures Regulation (CLP)) on biocidal products approved under the Control of Pesticides Regulation (COPR)

The Health & Safety Executive’s (HSE) current practice when approving a biocidal product under Control of Pesticides Regulation (COPR) is to include the classification and labelling of the product according to the Chemicals (Hazard Information and Packaging for Supply) (CHIP) Regulations within the conditions of the approval. From 1 June 2015, COPR products placed on the UK market will need to be classified and labelled in accordance with the Classification, Labelling and Packaging of substances and mixtures (CLP) Regulation, which would require a formal amendment to the approval. Consequently, this is an opportune time to align the practice by which classification and labelling is attributed to biocidal products approved under COPR more closely with the current practice undertaken for products authorised under the EU Biocides Regulation 528/2012 (EU BPR) (as amended). This places the responsibility on the person placing the product on the market to ensure that it is classified and labelled correctly (as required by the CHIP and CLP Regulations). The intention is to ease the transition from classification and labelling of products according to CHIP to classification and labelling according to CLP, as there will be no requirement to apply for a formal amendment (which would attract a fee). However, HSE still require notification of changes to the classification of COPR-approved products (whether an amendment to the current classification and labelling under CHIP or a move to classification and labelling under CLP). To administer this change, for existing product approvals under COPR, the conditions of approval will be amended to remove reference to classification and labelling (i.e. parts of Section 3/1 titled “EC Classification”, “Indication of danger and hazard symbol(s)” and “Risk phrase(s)”), replacing this with text placing the responsibility on the person placing the product on the market to ensure it is classified and labelled appropriately. The amendments to current approvals reflecting this change will be issued from January 2015. No amendment to the safety phrases linked to specific hazard classification will be issued during this initial phase of the process. It will be assumed that the classification for each approved product as currently listed in the approval conditions is correct, so the list of safety phrases is also currently appropriate for that product. When a change to the current classification and labelling of a product is required, the Approval Holder should inform HSE of the proposed changes (either an amendment to the current CHIP classification or a move to CLP classification and labelling). At this point, an amendment to the list of safety phrases will be issued for this product, removing from the conditions of approval safety phrases that arise from CHIP classification. From 1 January 2015, for new COPR product approvals, Applicants will still be required to include a classification and labelling proposal (under CHIP/CLP) in their initial application. The HSE Biocides team will undertake a quick check to determine whether the classification and labelling proposal is appropriate and suitable for the intended user group. Section 3/1 of the schedule will include text placing the responsibility on the person placing the product on the market to ensure it is classified and labelled appropriately. Only safety phrases that are not a result of the classification of the product will be included in the schedule. Thus, it will be the responsibility of the Approval Holder to include the appropriate classification, safety phrases/hazard and precautionary statements on the product label. HSE require notification of subsequent changes to the product classification. The information published on the HSE biocides website is in the process of being updated to reflect this change.

HSE ebulletin, 19 November 2014 ;http://www.hse.gov.uk/ ;