Update on Annex VIII GB CLP

We have been informed by the Department for Health & Social Care (the policy lead for Annex VIII of GB CLP) that despite the Government’s intention not to retain Annex VIII of the EU’s Classification, Labelling and Packaging of Substances and Mixtures (CLP) Regulations in UK law, Annex VIII has been inadvertently retained following the UK’s exit from the EU. The Annex VIII within GP CLP is therefore currently in force. The Department of Health and Social Care (DHSC) and its executive agencies, supported by the Department for Business, Energy and Industrial Strategy (BEIS) and the Health and Safety Executive (HSE), are now working to rectify this error.

HSE is the body responsible for enforcing GB CLP and are aware that the Annex has been retained. HSE will continue to maintain a pragmatic and proportionate response to enforcement focused on those activities which give rise to the most serious risks or where the hazards are least well controlled.

HSE will look at each case on its own merit and will consider a range of factors when it takes enforcement decisions, including: the level of risk and the efforts made by duty holders to achieve compliance. Any action taken will be fully in line with the principles in HSE’s Enforcement Policy Statement and Enforcement Management Model. Further details on HSE’s approach to enforcement can be found at https://www.hse.gov.uk/enforce/enforcement.htm

The Government is looking at launching a public consultation on whether to revoke the Annex. This 12-week consultation will allow all interested parties to provide evidence in support of, or against, the revocation and will be published in due course.

For further infroamtion please contact Mohamed Elkhalifa at [email protected]