The General Court has annulled the Commission Regulation (EU) 2020/217 (14th ATP) in part that concerns the harmonised classification and labelling of titanium dioxide.
The Courts main argument for its judgement was the fact, that the Risk Assessment Committee (RAC) did not provide evidence that titanium oxide has “intrinsic properties” to cause cancer. They assessed that these properties can be attributed to “particle toxicity”.
Since European Commission followed the RAC opinion in its Regulation, the court has annulled the 14th ATP entry ‘022-006-00-2’ (titanium dioxide classification with H351) in Annex I and Annexes II and III.
Our whole team was quite surprised today, when we saw that announcement. We have spent a lot of time in 2021 preparing for the change that came with the 14th ATP (new EUH-phrases, H351, particle size as a basis for classification, effect on the Cosmetics Regulation). But now all these changes have become unnecessary and based on the future steps of the European Commission they might become obsolete.
Titanium oxide is one of the most common chemicals in consumer products, so this decision will have a large impact on variety of products. We are eager to hear the response from EU Commission and ECHA on this matter.
We can always help you adapt to such lightning-fast changes with the help of our knowledge and software for Safety Data Sheets and labels creation. Give us a call or contact me directly at firstname.lastname@example.org.