After Brexit, the UK implemented its own version of the CLP Regulation. This is known as the mandatory classification list (MCL). This is published as a spreadsheet on the Health and Safety Executive (HSE) website. Immediately after Brexit, the classification changes in the 14th and 15th ATPs were added to the MCL with a note explaining that since these were in force prior to Exit Day these would be retained. Titanium dioxide was therefore included in the MCL as Carc. 2 and cobalt as Carc. 1B and Muta. 2.
On Thursday 11th January 2024, a note was received from HSE indicating that the substances in the 14th and 15th ATPs were not retained as previously stated by them. HSE is now proposing to add these substances to UK legislation with an anticipated entry into force date of April 2024.
The classification for cobalt therefore remains unchanged.
The exception is titanium dioxide which is subject to a further review under Article 37a which will involve a public consultation. The timeline for this is 18 months.
This may explain the delay in response to BTHA’s requests for Appendix A exemptions under the UK Toy Safety Regulations for these substances. Based on the latest information it would appear that titanium dioxide can still be used in toys for the UK market (excluding Northern Ireland) without restriction until the Article 37a process is concluded.
