(1)

Part 1, section 1.1.3, of Annex VI to Regulation (EC) No 1272/2008 contains the list of notes which may be assigned to one or more harmonised classification and labelling entries and relate to the identification, classification and labelling of substances as well as the classification and labelling of mixtures.

(2)

In its opinion of 11 June 2020 concerning 2-ethylhexanoic acid and its salts (2), the Committee for Risk Assessment (RAC) under the European Chemicals Agency recommended to add a new note to Part 1, section 1.1.3.1, of Annex VI to Regulation (EC) No 1272/2008, to clarify that the classification covering a group of substances in the same entry is only based on the hazardous properties of that part of the substance which is common to all substances in that entry. According to RAC, for the non-common parts of a substance, it is necessary to assess if their hazardous properties may warrant a more severe classification (higher category) or a broader classification (including additional differentiation, target organs and/or hazard statements) for the same hazard class. A new note X should therefore be added to Part 1, section 1.1.3.1, of Annex VI to Regulation (EC) No 1272/2008. As that note is likely to be assigned to other substances with the same properties in the future, it should be worded in such way that it is not limited to that specific entry.

(3)

The RAC’s opinion of 20 September 2019 concerning boric acid, diboron trioxide, tetraboron disodium heptaoxide hydrate, disodium tetraborate anhydrous, orthoboric acid sodium salt, disodium tetraborate decahydrate and disodium tetraborate pentahydrate (3) as well as the RAC’s opinion of 11 June 2020 concerning 2-ethylhexanoic acid and its salts, described scientific evidence that the reproductive toxicity of each of these substance groups is due to a molecular entity common to all members of the respective group. When considering proposals for harmonised classification of certain boron compounds and of 2-ethylhexanoic acid and its salts, Member State experts consulted in the CARACAL expert group (Competent Authorities for Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and Classification, Labelling and Packaging (CLP)) requested to add new notes in Part 1, section 1.1.3.2, of Annex VI to Regulation (EC) No 1272/2008. According to the discussion in the CARACAL expert group, these notes are necessary to allow a more accurate identification of the hazard of mixtures, which contain several substances belonging to the same ‘group entry’. The principle of additivity should apply to substances whose hazard is due to the presence or formation of a common molecular entity. As a consequence, it is necessary to take account of the contribution of these substances to the overall hazardous property of the mixture in proportion to their concentration, by comparing the applicable generic or specific concentration limit with the sum of the concentrations of the substances present. Therefore, two new notes, note 11 and 12, should be added to Part 1, section 1.1.3.2, of Annex VI to Regulation (EC) No 1272/2008. As note 11 should be assigned to boric acid and its salts, and other boric compounds releasing boric acid/borate, in view of the specificity of the concerned entries, it should be worded in such way that it is specific for those entries. As note 12 is likely to be assigned in the future to substances other than 2-ethylhexanoic acid and its salts, it should be worded in such way that it is not limited to that specific entry.

(4)

Regulation (EC) No 1272/2008 should therefore be amended accordingly,