The European Commission has missed a key regulatory deadline for transferring endocrine disruptors and PBT/vPvB substances into the EU’s harmonised classification and labelling list.
The revised CLP Regulation, specifically Article 37(7), establishes a formal mechanism for moving substances already identified under other EU frameworks into the harmonised classification and labelling list, known as CLH.
Substances identified as endocrine disruptors or as PBT/vPvB under the REACH Candidate List, the Plant Protection Products Regulation, and the Biocidal Products Regulation are all within scope of this transfer process.
The Commission was required to complete this regulatory transfer by 11 June 2026, a deadline that has now passed without the necessary measures being adopted.
Despite missing the deadline, the Commission has confirmed the process remains active and continues to move forward without being shelved or significantly delayed further.
At the July CARACAL meeting, the Commission indicated it intends to adopt the transfer regulation as soon as possible, ruling out a further round of discussions in the autumn.
The accelerated timeline signals that affected businesses and manufacturers should expect the regulatory changes to materialise in the near term rather than being pushed back indefinitely.
A significant concern for industry is that some companies may have disagreed with the original ED, PBT, or vPvB determinations, particularly those made under the Biocidal Products Regulation and the Plant Protection Products Regulation.
The criteria and assessment methodologies used under those two frameworks have been subject to significant criticism, raising questions about the scientific basis of some classifications being carried forward.
Companies operating in affected sectors are being urged to review their product portfolios carefully to identify substances falling within the scope of Article 37(7) of the CLP Regulation.
Businesses should then assess both the regulatory consequences of those classifications and the options available for challenging determinations that may no longer be considered scientifically justified.
The transfer mechanism, once enacted, will have significant compliance implications for manufacturers, importers, and downstream users who handle the affected substances across European markets.