Jurisdiction: EU
Commencement: 1^st May 2026
Amends: Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures

Mini Summary

The Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures introduces a globally harmonised system for classification, labelling and packaging of hazardous chemicals into European law. This Regulation is directly enforceable in EU Member States and is also enforceable in Northern Ireland. (Following the UK’s departure from the EU, this Regulation has been incorporated (with amendments) into law in Great Britain. There is a separate entry which describes the GB version of CLP.)

Duties

Various duties apply and are available to view on the Legislation Update Service.

Amendment

Annex VI – harmonised classification and labelling for certain hazardous substances is updated. The modifications include harmonised classification and labelling for a significant number of substances being introduced, updated or removed.

To allow sufficient time for suppliers to adapt, the changes will apply from 1st May 2026.

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Jurisdiction: EU
Commencement: 6^th October 2024
Amends: Regulation (EU) 528/2012 concerning the making available on the market and use of biocidal products

Mini Summary

Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products (‘Biocidal Products Regulation’) sets out the requirements which apply to biocidal products. The Regulation primarily concerns those manufacturers, importers, etc. who wish to place biocidal products on the market.

Biocidal products are products designed to control, by chemical or biological means (but not solely by physical means), harmful organisms which include not only pathogens, but also some vermin, fish, and birds. Biocidal products contain one or more ‘active substances’ which act on the harmful organisms.

Before placing a harmful product on the market in an EU Member State, the person who wishes to place it on the market must ensure that:

the active substance is ‘approved’;
the biocidal product is ‘authorised’; and
the product is appropriately labelled and user information provided.

The Biocidal Products Regulation is directly applicable in all EU Member States.

There are several routes by which a product may become authorised. A product may be authorised in one Member State, but this does not automatically allow it to be placed on the market in other Member States. It is therefore important to ensure that the correct process has been followed if the product is to be placed on the market in other Member States.

Users must use biocidal products in accordance with any labelling and conditions which apply to the product (which information should be made available with the product). Users do not need to apply for authorisation.

Duties

Various duties apply and are available to view on the Legislation Update Service.

Amendment

Lhoist is authorised to use and sell the biocidal product* ‘Ca(OH)2 PT02’ from 6th October 2024 until 30th November 2033, subject to the conditions set out in the Annex.

*A biocidal product is a product with an active substance that is intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on harmful or undesired organisms.

**Ca(OH)2 PT02 is used as a disinfectant not intended for direct application to humans or animals.

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Amends:   Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)
Mini Summary

The Planning (Hazardous Substances) (Scotland) Act 1997 (c.10) requires sites to have the consent of the local planning authority to hold certain levels of hazardous substances. The threshold levels, referred to as ‘controlled quantities’, are set out in The Planning (Hazardous Substances) (Scotland) Regulations 2015. Note that the ‘controlled quantities’ mirror the threshold for a lower tier ‘COMAH’ site. This means that all ‘COMAH’ sites should also have hazardous substances consent. (See The Control of Major Accident Hazards Regulations 2015 for detail on ‘COMAH’ sites).

The planning authority is required to consult with the Health and Safety Executive (HSE), or in some cases the Office for Nuclear Regulation (ONR), when considering an application for hazardous substances consent. The HSE (or ONR) will consider the hazards and risks which the hazardous substance may present to people in the surrounding area, and take account of existing and potential developments, in advising the planning authority on whether or not consent should be granted.

Amendment
A transitional exemption is added for Section 21 (Offences). This means that an offence is not committed under this section and a hazardous contravention notice cannot be issued before 1st December 2023.

Amends: The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
Mini Summary
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 require manufacturers, importers and distributors to restrict the use of certain specified hazardous substances including some heavy metals and flame retardants in electrical and electronic equipment, and require equipment to be conformity marked before being placed on the market.

Amendment
Amendments are made to Schedule A1 (Restricted substances referred to in regulation 3 and maximum concentration values tolerated by weight in homogeneous materials), to change the maximum concentration value of Cadmium to 0.01%.

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