• The principal legislation currently in the European Community relating to the Classification, Packaging and Labelling of dangerous substances and preparations was until January 2009  that of the 67/548/EEC Dangerous Substances Directive (DSD), which, as a Directive,  Member States have to implement by passing national legislation. The DSD also contained new substance notification requirements but from June 2008 these were revoked and replaced by the directly acting REACH Regulation. The DSD also contained a requirement to supply Safety Data Sheets for substances, but REACH took over this requirement from June 2008.  The SDS requirements were subject to the 91/155/EC Safety Data Sheet Directive (SDSD), but this was also revoked and replaced, with effect from 1 June 2007, by REACH. To prevent preparations having to be classified by testing in the same way as substances, the 1999/45/EC Dangerous Preparations Directive (DPD) was introduced to provide an alternative conventional (mathematical) system for classification. The DPD also contains special packaging and special labelling requirements for certain preparations. The DPD used to contain a requirement for the supply of SDSs, but this was revoked, with effect from 1 June 2007, by REACH.
  
  However in January a new directly acting European Regulation called in short “CLP” came into force introducing a new scheme of  Classification, Labelling and Packaging that is initially an option to compliance with the requirements of national legislation implementing the DSD and DPD, but which in time (from 1.12.2010 for substances and 1.6.2015 for mixtures –the new name for preparations) will become the mandatory requirement, with the DSD and DPD finally being revoked on 1.6.2015.
  
  A major element of the DSD in the past was the determination by European Member States experts of a harmonised classification for SOME substances, which was then published in the Annex I to the DSD. Publication of a newly adopted European harmonised classification, and subsequent revisions to the entry, in Annex I were made through Adaptation to Technical Progress (ATP) Directives adopted by Commission. However on 20th January 2009 the Annex I to the DSD was revoked by the CLP Regulation and replaced, as a source of EU harmonised classifications for the purposes of classifications under the DSD, by Table 3.2 of Annex VI of CLP.  Note Bene:  The Table 3.2 of CLP incorporates the Annex I prior to the 30th and 31st ATPs to the DSD, see below.  Table 3.2 also contains some significant “corrections” compared to the DSD Annex I listing as found on the Consumer Products Safety & Quality (CPS&Q) Unit (formerly the European Chemicals Bureau (ECB)) website, and in the UK HSE L142 Approved Supply List (ASL). 
  
  
• In August 2008 the European Commission adopted the 30th ATP to the DSD.  This was published as Commission Directive 2008/58/EC and was published in the EC Official Journal L 246 on 15 September 2008. 
  
  In early 2009 the Commission also adopted a 31st ATP to the DSD.   This was published as Commission Directive 2009/2/EC and was published in the EC Official Journal L 11  on 16 January 2009. 

  Legally the effects of the 30th and 31st ATPs to the DSD were rendered null and void when the CLP Regulation came into force on 20 February 2009.

  However, it is planned that the changes adopted by the 30th and 31st ATPs will be implemented later in 2009 by a 1st Adaptation to Technical Progress (ATP) to the EC CLP Regulation (again see the GHS section on our legislation page) and will have to be applied by 1.12.2010 at the latest.
  
  Those wishing to be aware of emerging classifications that will be incorporated in future ATPs to the CLP can obtain this from CHCS member Desmond Waight. Desmond is a member of the HSE’s Standing Committee on Hazard Information and Packaging (SCHIP) and has kindly offered to circulate on papers relating to emerging classifications to anyone wishing to obtain; and who can’t get via another SCHIP representative (such as through their Trade Association). To get on Desmond’s list please e-mail him at info@dangoods.co.uk.

• Regulation (EC) No. 689/2008 (replacing 304/2003) Concerning the export and import of dangerous chemicals. This, inter alia, requires that dangerous goods exported outside the EC are required to be classified and labelled to DSD/DPD standards and a Safety Data Sheet supplied (to the requirements of the (EC) 1907/2006 REACH Regulation). Also that the label and Safety Data Sheet must be in a language of the country of destination, if practicable. The regulations implement, and go beyond the requirements of, PIC (Prior Informed Consent; Rotterdam Conference 1999).

The modal requirements are updated every two years with new editions coming effective 1st January of odd-numbered years.

• UN Transport of Dangerous Goods (the Orange Book) (Note: these are global recommendations)
• Road/Rail: ADR/RID
• Sea: IMDG Code
• Air: ICAO Technical Instructions (IATA Dangerous Goods Regulations which are carrier terms and conditions but contain all ICAO legal provisions, as well as some IATA additional requirements. IATA publish annually with new editions applying from 1 January).

The Globally Harmonised System of Classification and Labelling of Chemicals (GHS) has been the subject of more than a decade of work; its aim is to provide a framework to bring together the various national and regional hazard communication systems which control the  supply of hazardous chemicals in much the same way that the ‘Orange Book’ offers a global framework for the transport of dangerous goods. The purpose of GHS is to provide a single, globally harmonized system to address classification of chemicals, labels, and safety data sheets. The first edition of GHS was published in July 2003 as the ‘Purple Book’, it is scheduled to be revised (and usually published in the summer) every two years thereafter  Further details about the publication status, its ‘adoption’ throughout the world, and often free access to electronic versions, can be  downloaded from the UNECE website:

http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html

More information can also be obtained on the HSE GHS website at a special section for GHS related issues http://www.hse.gov.uk/ghs/index.htm. Note however that updating of the HSE website pages sometimes lags behind developments by several months.  HSE is the lead on the development of the GHS and consults on GHS issues through its Standing Committee on Hazard Information and Packaging (SCHIP).  Those do not get SCHIP communications via their Trade Association, and who wish to be sent such communications when issued should contact Desmond Waight (email Desmond@dangoods.co.uk) who is an ‘independent’ associate member of SCHIP asking to be placed on his “Emerging Classification” circulation. There is no charge.

The EU have passed legislation (the Regulation (EC) No 1272/2008 (CLP)) that will over time harmonise the EU supply provisions with the GHS.  See the section of this website for further information. Further information is also available for CHCS members in our Member’s Only section.