The Classification, Labelling and Packaging of Substances and Mixtures (Amendment and Consequential Provision) Regulations 2023

Statutory Instruments

2023 No. 1344

Retained Eu Law Reform

Health And Safety

The Classification, Labelling and Packaging of Substances and Mixtures (Amendment and Consequential Provision) Regulations 2023

Made

6th December 2023

Laid before Parliament

8th December 2023

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the power conferred by section 19(1) of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”)(1).

The Secretary of State is a relevant national authority for the purposes of section 19(1) of the 2023 Act(2).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Classification, Labelling and Packaging of Substances and Mixtures (Amendment and Consequential Provision) Regulations 2023.

(2) These Regulations come into force immediately before the end of 2023.

(3) These Regulations extend to England and Wales, and Scotland.

Amendments to Regulation (EC) No 1272/2008

2.—(1) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 is amended as follows.

(2) In Article 25, omit paragraphs 7 and 8.

(3) In Article 29, omit paragraph 4a.

(4) In Article 45, for paragraph 3, substitute—

“3.   The appointed bodies shall have at their disposal any information that is voluntarily provided by importers and downstream users placing mixtures on the market, or that is required to be provided in accordance with regulations made under Article 45(4), to carry out the tasks for which the appointed bodies are responsible.”.

Revocation of secondary retained EU law

3.  The following secondary retained EU law is revoked—

(a) Commission Regulation (EU) 2017/542 of 22 March 2017 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures by adding an Annex on harmonised information relating to emergency health response;

(b) Commission Delegated Regulation (EU) 2020/11 of 29 October 2019 amending Regulation (EC) 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as regards information relating to emergency health response;

(c) Commission Delegated Regulation (EU) 2020/1676 of 31 August 2020 amending Article 25 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as regards bespoke paints; and

(d) Commission Delegated Regulation (EU) 2020/1677 of 31 August 2020 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures in order to improve the workability of information requirements related to emergency health response.

Maria Caulfield

Parliamentary Under Secretary of State

Department of Health and Social Care

6th December 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in consequence of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).

These Regulations make consequential amendments to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, due to the revocation of Annex VIII to Regulation (EC) No. 1272/2008 by Part 2 of Schedule 1 to the Retained EU Law (Revocation and Reform) Act 2023. In addition, these regulations revoke certain secondary retained EU law that is redundant due to the revocation of Annex VIII.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2023 c. 28.

(2)

The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.