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Environmental information systems
Key messages: Data show that once risk management measures prescribed by the Classification, Labelling and Packaging (CLP) Regulation are set up, Member States’ authorities check their implementation. CLP compliance between 2008 and 2019 oscillated between 97% and 73%. The last reporting period (2015-2019) showed a stable level of CLP compliance. The average of 75% in that period is around 10 points lower than values from the previous period.
Level of compliance (%) with CLP duties in the EU, 2008-2019
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The indicator provides insight on the extent to which duty holders are compliant with CLP and its related duties in the EU. A duty holder is a person or an organisation with legal obligations to ensure health and safety in certain situations, such as in workplaces.
Under CLP, duty holders are either importers, manufacturers or distributors of substances.The specific duties and responsibilities of a duty holder may vary depending on the context and the CLP measures that apply. Data are reported by Member States and relate to enforcement activity under the CLP Regulation.
CLP compliance between 2008 and 2019 oscillated between 97% and 73%. The last reporting period (2015-2019) showed a stable level of CLP compliance. The average of 75% in that period is around 10 points lower than values from the previous period. The minimum values of compliance found in some countries are low, meaning that some countries reported a high level of non-compliance (lower than for REACH compliance — see the indicator REACH controls: percentage of compliant cases found in Member States). These high levels of non-compliance may be interpreted as a negative signal towards the policy objective of stepping up risk management measures to ensure the safe use of hazardous chemicals on the EU market.
The observations suggest that the level of CLP compliance, after slowly decreasing in 2015, has remained stable (on average, 75%). This may be due to enforcement authorities having become better at finding non-compliant substances, products and companies; or the fact that more non-compliant substances and products are being sold on the EU market. With the data gathered, it is not possible to know which of the two is more relevant. This strongly depends on the number of controls, coverage and the quality of the data gathered.
The aggregated data for the whole reporting period suggest that most controlled CLP requirements relate to hazard communication and labelling, hazard classification, packaging and to some extent the harmonisation of classification and labelling, as well as other CLP obligations.The data seem to show that the focus is on ensuring that the right hazard information is communicated in the supply chain (including packaging and labelling). This should ensure that the necessary risk management measures are put in place by duty holders.
Please consult the relevant indicators and signals below for a more comprehensive overview on the topic.
Every five years, EU Member States provide data on the number of controls and non-compliant cases in reports to the European Commission. The indicator is calculated as the median of the values of compliance reported by all participating countries each year. The required data include the number of official CLP controls which resulted in ‘no areas of infringements found’ in the EU for a specific period, and the total number of official CLP controls in the EU for a specific period. The compliance values (percentages of cases of compliance out of total controls) are calculated for every country and every reporting year. The median value of compliance across the countries is used. Compliance distribution is shown by drawing the 75th and 25th percentiles (green area) as well as the maximum (+) and minimum (-) ratio of compliance reported.
As CLP entered into force in 2008, two years after REACH, no data are available for 2007 and very few data are available for 2008.
Data sources: REACH and CLP enforcement.
Relevant objectives under the Chemicals Strategy for Sustainability
Minimise exposure of humans and environment to substances hazardous to health and the environment, through risk management measures and full information to users of chemicals
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Other relevant indicators and signals
References and footnotes
- ↵EU, 2008, 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 (Text with EEA relevance) (OJ L 353, 31.12.2008, pp. 1-1355).
- ↵EU, 2006, Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, pp. 1-849).
- ↵EC, 2021, REACH and CLP enforcement: EU level enforcement indicators, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Publications Office of the European Union, Luxembourg (https://data.europa.eu/doi/10.2873/892024).
- ↵EC, 2015, Study on development of enforcement indicators for REACH and CLP: final report, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Publications Office of the European Union, Luxembourg (https://data.europa.eu/doi/10.2873/653892).
- ↵EC, 2018, REACH and CLP enforcement - Summary of available information from Member States and through public consultation on enforcement, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Publications Office of the European Union, Luxembourg (https://ec.europa.eu/docsroom/documents/32823).
- ↵EC, 2020, Technical assistance to review the existing Member States reporting questionnaire under articles 117(1) of REACH and 46(2) of CLP, Directorate-General for the Environment, Publications Office of the European Union, Luxembourg (https://op.europa.eu/en/publication-detail/-/publication/963b94a8-327a-11ee-83b8-01aa75ed71a1/language-en).