New CLP Rules Require Immediate Action from Coatings Manufacturers

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The CLP Regulation (EC) No 1272/2008 provides the European legal framework for the classification, labelling and packaging of hazardous substances and mixtures. With Delegated Regulation (EU) 2023/707, new hazard classes were added to this system for the first time in many years.

Importance for the paints and coatings industry

The new criteria apply directly to many substances used in the paints and coatings industry. These include, among others, plasticisers, solvents and various additives. Manufacturers that fail to act in good time risk not only breaching legal requirements. Disruptions to the supply chain and loss of market access are also possible consequences.
 

Endocrine-disrupting substances affecting humans and the environment

Substances that disrupt the endocrine system

Endocrine-disrupting substances – also known as endocrine disruptors, or EDs – can affect or interfere with the hormonal systems of humans and animals. In humans, they have been linked to conditions including cancer, diabetes, congenital abnormalities and developmental disorders of the nervous system. Comparable effects have also been observed in animals.

Substances relevant to the coatings industry

In the paints and coatings sector, certain phthalates used as plasticisers may fall under the new hazard class. Some UV absorbers and biocides also require particular attention.
From an environmental perspective, exterior wall coatings and architectural paints are especially relevant. Substances from these products can leach out or be washed into surface waters, where they may cause endocrine effects.
 

PBT and vPvB substances

Persistent, bioaccumulative and toxic

PBT substances are persistent, bioaccumulative and toxic. vPvB substances are very persistent and very bioaccumulative. They break down slowly and can accumulate in organisms, the food chain and the environment. As a result, they can cause serious adverse effects in both humans and animals.

Examples in paints and coatings

Chlorinated paraffins are a well-known example of PBT substances used in the paints and coatings industry. Dibutyltin dilaurate (DBTL), which is widely used as a catalyst in polyurethane systems, is also subject to strict regulatory scrutiny.
 

PMT and vPvM substances

A risk to the water cycle

PMT substances are persistent, mobile and toxic. vPvM substances are very persistent and very mobile. Unlike PBT and vPvB substances, they generally do not accumulate significantly in organisms. However, they remain in the environment for long periods and can spread easily through the water cycle.
As a result, they may pose a threat to drinking-water resources. For formulation specialists, it is particularly important to note that certain short-chain solvents and ionic surfactants may meet the new PMT or vPvM criteria.
 

Impact on mixtures

When is a mixture classified as endocrine-disrupting?

A mixture is classified as endocrine-disrupting with regard to human health or the environment if at least one constituent is classified as a Category 1 or Category 2 endocrine disruptor and is present at a concentration equal to or above the applicable threshold.

• Category 1: a concentration of at least 0.1% – both for human health and for the environment.
• Category 2: a concentration of at least 1% – both for human health and for the environment.

When do the PBT, vPvB, PMT or vPvM criteria apply?

A mixture is classified as PBT, vPvB, PMT or vPvM if at least one constituent has been classified in the relevant category and is present at a concentration of at least 0.1%.
This means that even relatively small quantities of a classified substance can affect the classification of the mixture as a whole.
 

Important dates and transition periods

Substances: obligations in force since 1 May 2025

Since 1 May 2025, substances newly placed on the market must be classified, labelled and packaged in accordance with the new hazard classes.
For substances that were already on the market before 1 May 2025, a transition period applies until 1 November 2026. This period applies exclusively to products that were already on the market before the date of application.

Mixtures: obligations from 1 May 2026

For mixtures newly placed on the market from 1 May 2026 onwards, the new classification requirement will apply from that date. For mixtures that were already on the market before 1 May 2026, the transition period runs until 1 May 2028.
Here too, the transitional arrangements apply only to substances and mixtures that were already on the market before the relevant date of application.
 

What should coatings manufacturers do now?

Review all raw materials

Companies must thoroughly review their entire raw-material portfolio. They should determine whether substances they use have since been assigned to a new hazard class or are still under assessment.
Important sources of information include:

• suppliers’ safety data sheets;
• classification data from the European Chemicals Agency (ECHA);
• up-to-date ECHA databases;
• information on planned or existing restrictions on use.

Update safety data sheets

When a raw material receives a new classification, the corresponding safety data sheets must be amended. Particular attention should be paid to Section 2 – hazard identification. The toxicological and ecological information must also be updated where necessary.
In addition, manufacturers should check whether the new classification affects safety instructions, storage, transport or processing.

Update labels and product information

The existing hazard pictograms will remain in use. However, the associated hazard statements – the so-called H-statements – and precautionary statements – the P-statements – may change.
Labels, technical documentation, product information and digital product data must therefore be reviewed and updated in good time.

Reassess the formulation

A new classification may have more far-reaching consequences than simply requiring an amendment to the safety data sheet or label. If restrictions on use or other legal measures apply to a raw material, it may be necessary to reassess the formulation.
In some cases, manufacturers may need to replace a raw material, reduce its concentration or adapt the product design completely.
 

Conclusion

A comprehensive approach to new environmental risks

The introduction of the new hazard classes through Delegated Regulation (EU) 2023/707 represents one of the most significant expansions of the CLP framework since its introduction.
Substances that affect the endocrine system or remain in the environment and the water cycle for long periods pose risks that were not fully covered by the previous hazard categories. The new classes close this gap.

Early action prevents problems

For the paints and coatings industry, this represents a clear call to action. Manufacturers should allow sufficient time for reviewing raw materials, updating safety data sheets and revising product labels.
Companies that consult with suppliers at an early stage and regularly monitor the ECHA databases will be better placed to anticipate future changes. Those that actively monitor their raw materials and adapt their products in good time will not only meet their legal obligations. They will also strengthen their reputation as reliable and responsible partners within the supply chain.

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Reservation
This information has been compiled with the greatest possible care, in some cases from different information sources. (Interpretation) errors are not excluded. No legal obligation can therefore be derived from this text. Everyone dealing with this subject has the responsibility to delve into the matter!