HSE have published their latest bulletins:
CLP
- Updating the status of Great Britain mandatory classification and labelling (GB MCL) entries in the GB MCL list
HSE, as the GB CLP Agency, is proposing to update the status of GB MCL list entries for 90 substances included in the GB MCL list from the 14th and 15th Adaptations to Technical Progress (ATPs) when the UK left the European Union.
The EU harmonised classification and labelling (EU CLH) was adopted in 2017 and 2018.
The EU CLH entries for 90 substances in the 14th and 15th ATPs and subsequently included in the GB MCL List were not retained in GB law at the end of the transition period (Implementation Period) on 31 December 2020, after the UK left the European Union on 31 January 2020.
HSE, as the GB CLP Agency, is now proposing to use the Article 37 and Article 37A procedures of the GB CLP Regulation to resolve this by updating the GB MCL list. A consolidated Technical Report and consolidated Agency Opinion have been published and should be read in conjunction. Both are now publicly available in the HSE GB CLP publication table.
Next, HSE, as the GB CLP Agency, will make a Recommendation to Ministers for a Ministerial decision, with consent from the Ministers in the Devolved Governments, to give the proposed GB MCLs for these 90 substances mandatory legal effect in GB. It is expected that HSE will recommend that the entry into force and compliance dates for these 90 substances will be the date of publication in the HSE GB CLP publication table (April 2024).
A further CLP ebulletin will be issued when the GB MCL list is updated.
No action is required by duty holders. HSE, as the GB CLP Agency, advised duty holders before the end of the Implementation Period on 31 December 2020 that they should follow the harmonised (mandatory) classification and labelling for these 90 substances in the GB MCL list and the regulatory deadlines for full application as set out in the 14th and 15th ATPs.
The classification and labelling of these substances will remain unchanged following this update to the GB MCL list except for those substances (titanium dioxide in powder form and granulated copper) where additional information requires further assessment under the Article 37A procedure of the GB CLP Regulation.
Information from this CLP ebulletin has been made available on the HSE website.
Biocides:
- Upcoming GB active substance open invitation deadline
Submit a notification by the deadline to keep active substances in the GB Review Programme
HSE has published an open invitation (.pdf) to provide an opportunity for a person, company or task force/consortium to notify an intention to take up or take over the role of participant in the GB Review Programme for the following active substance/product type combination.
Anyone wishing to support the active substance/product type combination listed below in GB will need to submit a notification to HSE by the following deadline:
- Peanut butter (CAS n/a EC n/a) in product type 19 (deadline: 14 March 2024)
If a notification to take over the role of participant is not received, this active substance/product type combination will be subject to a GB non-approval decision. Biocidal products and treated articles containing active substances with GB non-approval decisions for the relevant product types will have to be removed from the GB market.
HSE will provide separate updates on these where relevant. If you are aware of any disproportionate negative impacts that are likely to arise from the non-approval of the active substance/product type combination listed above, please contact us.
- Peanut butter (CAS n/a EC n/a) in product type 19 (deadline: 14 March 2024)
- Upcoming GB active substance expiry dates
Biocidal products must be phased off the GB market
The active substance/product type combinations listed below are due to expire under the GB BPR on the following dates:
- (RS)-4-hydroxy-3-(3-oxo-1-phenylbutyl)coumarin (Warfarin) (CAS 81-81-2 EC 201-377-6) in product type 14 (deadline: 30 June 2024)
- Polyhexamethylene biguanide hydrochloride with a mean number-average molecular weight (Mn) of 1600 and a mean polydispersity (PDI) of 1.8 (PHMB (1600;1.8)) (CAS 27083-27-8 / 32289-58-0 EC n/a) in product types 02, 03 and 11 (deadline: 30 June 2024)
- Chlorophacinone (CAS 3691-35-8 EC 223-003-0) in product type 14 (deadline: 30 June 2024)
- 4-bromo-2-(4-chlorophenyl)-1-ethoxymethyl-5-trifluoromethylpyrrole-3-carbonitrile (Chlorfenapyr) (CAS 122453-73-0 EC 602-782-4) in product type 08 (deadline: 30 April 2025)
- 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole (Propiconazole) (CAS 60207-90-1 EC 262-104-4) in product type 09 (deadline: 31 May 2025)
Once the approvals expire, the active substances can no longer be used in biocidal products or treated articles of the relevant product types in GB.
If you hold an affected GB BPR product authorisation or Control of Pesticides Regulations (COPR) product approval, we will contact you about cancelling or revoking your authorisation or approval. You will have an opportunity to submit comments or additional information and we will take account of these when finalising our decision.
If you are aware of any disproportionate negative impacts that are likely to arise from the expiry of any of the active substance/product type combinations listed above, please contact us.
- (RS)-4-hydroxy-3-(3-oxo-1-phenylbutyl)coumarin (Warfarin) (CAS 81-81-2 EC 201-377-6) in product type 14 (deadline: 30 June 2024)
