CLP: draft of the likely 25th ATP notified to the WTO

The European Commission has notified the World Trade Organization (WTO) of a draft delegated regulation that would become the future 25th Adaptation to Technical and Scientific Progress (ATP) of Regulation (EC) No. 1272/2008 (CLP). The proposal introduces an extensive package of amendments to the technical annexes of the Regulation, aiming to update the European system for the classification, labelling and packaging of hazardous substances and mixtures in light of the latest regulatory and scientific developments.

The proposed changes affect Annexes I, III, IV, V, VI and VIII of the CLP Regulation and may have a significant impact on classification activities, SDS preparation, labelling requirements and overall regulatory compliance.

Among the most noteworthy amendments included in the draft are:

• Revision of the classification of explosives, introducing new categories and subcategories together with a new system of dedicated hazard statements;
• Introduction of a new hazard class for "chemicals under pressure", divided into three categories and accompanied by the new hazard statements H282, H283 and H284;
• Update of the classification of flammable gases, including a revision of labelling elements and associated assignments;
• Reorganisation of aerosol classification criteria, replacing the current flowcharts with a more straightforward and user-friendly structure;
• Removal of EN ISO 3680 from the list of recognised methods for the determination of flash point;
• Introduction of new formulas for converting Acute Toxicity Estimates (ATEs) between different exposure durations;
• Revision of the criteria for skin corrosion, skin irritation and serious eye damage/eye irritation, using a structured tiered approach;
• Update of classification criteria for respiratory and skin sensitisation, also based on a multi-step tiered assessment approach;
• Amendments to Annex III, including the introduction of new hazard statements (H-phrases), the removal of obsolete phrases and the creation of new combined hazard statements;
• Revision of Annex IV, introducing new precautionary statements (including P203 and P236) and updating the assignment criteria for precautionary statements;
• Updates to CLP pictogram assignment rules, including the allocation of the GHS07 pictogram to specific new explosive categories;
• Corrections and additions to the tables of hazard classes and corresponding codes contained in Annex VI;
• Clarifications regarding Poison Centre Notification (PCN) obligations, confirming the exclusion of the new explosive categories and chemicals under pressure from notification requirements;
• Numerous editorial and terminology updates throughout the Regulation aimed at improving consistency between the various CLP annexes.

According to the WTO-notified draft, the Regulation would become applicable two years after its publication in the Official Journal of the European Union.

The proposal also includes a transitional period under which substances and mixtures already classified, labelled and placed on the market in accordance with the existing rules could continue to be supplied without immediate reclassification or relabelling until four years after publication of the ATP.

The adoption of the measure by the European Commission is currently expected, on an indicative basis, during the fourth quarter of 2026.

The draft 25th ATP to the CLP Regulation appears to be one of the most comprehensive technical updates introduced in recent years, affecting numerous aspects of the European classification and labelling system for chemicals. Although the text may still be amended before its final adoption, companies should begin monitoring its development closely, particularly regarding the new hazard classes, the revised classification criteria and the updates to hazard and precautionary statements. Further insights will follow, providing a more detailed analysis of the individual amendments and their potential practical implications.