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Chemical Hazards Legislation - International
Supply
  • The principal legislation currently in the European Community relating to the Classification, Packaging and Labelling of dangerous substances and preparations is that of the 67/548/EEC Dangerous Substances Directive (DSD), which Member States have to implement. The DSD also contained new substance notification requirements but from June 2008 these will be revoked and replaced by the directly acting REACH Regulation. The DSD also contains a requirement to supply Safety Data Sheets for substances, but REACH takes 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 as contains special packaging and special labelling requirements for certain preparations. The DPD used to contain a requirement of the supply of SDSs, but this is revoked, with effect from 1 June 2007, by REACH.   To prevent preparations having to be classified 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 as contains special packaging and special labelling requirements for certain preparations.  The DPD used to contain a requirement of the supply of SDSs, but this is revoked, with effect from 1 June 2007, by REACH.  

    A major element of the DSD has been the determination by European Member States experts of a harmonised classification for SOME substances, which is 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 is made through Adaptation to Technical Progress (ATP) Directives adopted by Commission. Those wishing to be aware of emerging classifications that will be incorporated in future ATPs can obtain this from CHCS Chairman 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 at info@dangoods.co.uk.

    The European Commission’s Technical progress Committee (TPC – which consist of EC Commission and Member States experts) has met and agreed a proposal for the 30th ATP to the DSD.  As at May 2007 however the proposal has however yet to be formally agreed and published in the EC’s Official Journal by the Commission.

The European Chemicals Bureau, on behalf of the Commission, are already preparing for a 31st ATP.   The following file containing the POSSIBLE entries and POSSIBLE classifications was made available last October.

NOTE: However the Commission has announced that the application date of the 30th and the 31st ATPs will be set such that, before they would have to be applied, the expected new directly acting EC Regulation on Classification, Packaging and Labelling of Dangerous Chemicals (which will harmonise EC requirements with the GHS) will have be made and come into force with a requirement to apply new GHS classification for these, and all other, substances.
  • Regulation (EC) No. 304/2003 Concerning the export and import of dangerous: dangerous chemicals exported outside the EC are required to be classified and labelled to DSD/DPD standards and a Safety Data Sheet supplied (to the former SDSD). 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).
 
Carriage

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).
 
Globally Harmonised System (GHS)

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

The HSE International Chemicals Unit have kindly agreed to make the available their Frequently Asked Questions (FAQs) on the GHS. If CHCS members have any comments on the FAQs these should be addressed to Steve Mason at HSE International Chemicals Unit (email steve.mason@hse.gsi.gov.uk).

 
Safety Data Sheet Training

CHCS run a very popular, modular course on the writing of Safety Data Sheets and related issues such as classification, labelling and other documentation.

For dates of these courses, click HERE.