On 20 January 2009, EU directives 67/548/EEC and 1999/45/EC, on which the classification and labelling of hazardous substances had been based, have been replaced step by step by Regulation (EC) No. 1272/2008 (CLP Regulation). This Regulation implements the Globally Harmonised System (GHS) for classifying and labelling chemicals in European law. As of 1 June 2015, the CLP Regulation also has to be applied to the classification, labelling and packaging of mixtures. For mixtures which have been classified, labelled and packed before 1 June 2015 according to the old legislation the transition period ended on 31 May 2017.

Responsibility

Regulation (EC) No. 1272/2008 assigns the responsibility for classification, labelling and packaging to manufacturers, importers and downstream users. Substances and mixtures have to be classified and labelled according to Annex I of Regulation (EC) No. 1272/2008. The European Chemicals Agency ECHA has published several guidelines for this purpose. On the ECHA website information is available on the legal background as well as on individual substances. The competent authority in Germany is the Federal Office for Chemicals at the Federal Institute for Occupational Safety and Health (BAuA). Its REACH-CLP-Biocides Help Desk of the Federal Authorities offers assistance and can be contacted in case of questions or problems.

Active substances

For active substances in plant protection products, a harmonised procedure for the classification and labelling of hazardous properties throughout the EU is envisaged according to Articles 36 ff. of Regulation (EC) No. 1272/2008 ("legal classification"). The harmonisation to date of the classification/labelling of substances from all areas of use can be found in Annex VI of Regulation (EC) No. 1272/2008 and in change regulations ("ATPs" - adapatation to technical progress). For each legal classification in these documents is given a transitional period. The classification has to be supplemented by classifications regarding other hazard categories (see Article 4(3) in the CLP Regulation).

In Germany, the BAuA is the responsible authority for harmonising classification and labelling (CLH process). With regard to active substances of plant protection products the competent authority for the chemical legislation only is entitled to submit CLH proposals to ECHA.

Plant protection products

Together with the application for the authorisation of a plant protection product, the classification and labelling of all hazardous substances which are contained in the plant protection product at a concentration of equal to or greater than 0.1 % has to be reported according to Regulation (EC) No. 1272/2008. This can be done, for example, by submitting the safety data sheet according to Regulation (EC) No. 1907/2006 (REACH).

Information on the labelling of the plant protection product according to Regulation (EC) No. 1272/2008 is provided in the authorisation certificate. As the person who places a product on the market is responsible for its classification, this information on the assessment result of the authority can be considered as advice only. Whereas labelling instructions and conditions of application which are stipulated by plant protection legislation and which are a result of the classification and labelling of hazardous substances are binding for the applicant.

For authorised plant protection products which are on the market beyond 1 June 2015 (including the deadline for selling products), and for which the classification and labelling according to the CLP Regulation was not stated in the certificate, the new labelling according to the CLP Regulation has to be reported to the BVL immediately. More information can be found on the right.