BACI made a request to MOEW for a postponement of the applicability dates for harmonized reporting to Poison Centers, regarding implementation of Commission Regulation (EU) 2017/542 amending Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures and postponement of applicability dates for harmonized reporting to Poison Centers
The Bulgarian Association of Cement Industry (BACI) acknowledges European Commission, ECHA and Bulgarian competent authorities’ efforts to support a smooth implementation of the new provisions according to Regulation (EU) 2017/542 (CLP Annex VIII). However, we are highly concerned about the approaching deadline (1st January 2020 mixture for consumers use) and the lack of legal certainty on several key topics.
The cement industry has analyzed the application of the Regulation and came to the following conclusions:
- Cement producers shall submit multitude of full information submissions to the poison centers given the concentration fluctuation of cement components as set out in the Regulation;
- All cements have the same health hazard and therefore constant information updates would provide no additional benefit for consumers, professional or industrial users and create an overflow of unnecessary and even confusing information to the appointed bodies/poison centers, defeating the very purpose of the legislation.
The most pertinent solution, to enable our industry to comply with the obligations set out in Regulation (EU) 2017/542, is to have one full information submission, associated with one unique formula identifier (UFI) for all cement types.
Unfortunately, the cement industry do not believe that appropriate and pertinent solutions can be found and applied before the approaching deadline of 1st January 2020. Therefore, we strongly call for a postponement of the deadline to be able to overcome the following key obstacles:
- Delay in workability study:
Cement industries firmly believe that the results of the workability study, lunched by the European Commission, will conclude to the need for legal amendments to Regulation (EU) 2017/542 (CLP Annex VIII). Considering the 6 months delay in the start of the study, it is difficult to expect that any proposed amendment could be implemented by the end of 2019, let alone with sufficient time for proper implementation by the industry. As a consequence, the respect of the deadline set out in the text for compliance with the obligations seems unattainable.
- Legal uncertainty prevents industries from preparing for implementation of obligations:
As the concerned industries do not know what is to be asked of them as a result of possible amendments and ongoing debates about the role of certain actors in the supply chain (e.g. re-labeller / re-brander), they cannot prepare and begin compiling the relevant information for submission nor creating UFI numbers so as to be ready by the defined deadline for consumer use mixtures.
- The IT infrastructure and the ECHA guidance’s will need to be adapted
The adapted solutions found and implemented for the concerned industries will very likely have an impact on the submission process and on the ECHA IT tools, requiring an amendment of the tools currently tested and delaying the development of the still not commenced system-to-system integration. Consequently, the solutions will also require an adaptation of the commercial IT software. This will lead to a further delay in the legislation implementation by the industry.
Currently, the cement industry provides the necessary health information to appointed bodies in the form of a single harmonized Safety Data Sheet. The appointed bodies/poison centers find this information sufficient as the health hazards for all cements are the same and they encounter very few health emergencies linked to cement. This new legislation imposes disproportionate and unworkable obligations without any additional benefit to the users and the appointed bodies.
BACI brought this issue to the attention of the experts at MOEW, members of the CARACAL Committee members and called for a postponement of the applicability dates for harmonized reporting
to Poison Centers. A postponement of 12 months should allow to amend CLP Annex VIII, to complete guidance/IT tools and insure a smooth implementation, which would ultimately benefit the wider populace, appointed bodies and economic operators. A postponement of the applicability dates will not have effects on the emergency health response since national appointed bodies will continue to operate according to the existing national schemes, as introduced by art. 17 Directive 1999/45/EC and Art. 45 Regulation 1272/2008.
BACI received support from MOEW for its position and MOEW will take it into consideration when preparing the national position of the Republic of Bulgaria.
BACI presented similar positions expressed by several European associations representing construction product industries (CEMBUREAU, EFCA, EFCC, EMO, ERMCO, Eurogypsum and FEICA) and the International Association for Soaps, Detergents and Maintenance Products.