WTO Circulates Notification of Switzerland Regarding Adaptation of Annexes 2 and 3 of the Chemicals Ordinance

"On April 14, 2025, the World Trade Organization (WTO) circulated the notification of Switzerland regarding the Adaptation of Annexes 2 and 3 of the Ordinance on Protection against Dangerous Substances and Preparations (Chemicals Ordinance; ChemO). 1. Annex 2 ChemO: -22nd ATP of the EU-CLP Regulation: 27 substances or groups of substances are added to the list of harmonized classifications and labeling of dangerous substances, and 16 existing entries are modified. -23rd ATP of the EU-CLP Regulation: 22 substances or groups of substances are added, and 10 existing entries are modified. -Test Methods: The latest developments in test methods from the EU, OECD, and UN Manual of Tests and Criteria are incorporated into Swiss legislation. 2.Annex 3 ChemO: -In line with the EU’s identification of substances of very high concern, seven new entries are added and one entry is updated in the candidate list. -The adapted candidate list will contain 247 substances or groups of substances. -The list is not published in the official compendium (RO) but is available on a fedlex website as indicated in the footnote of Annex 3 OChem. -Substances will remain named in English, aligned with EU practice, and are identified by CAS and EC numbers for precision. -List of Substances of Very High Concern: As per Art. 70, para. 1 of the Chemicals Ordinance, Annex 3 includes substances with at least one of the following properties: CMR (carcinogenic, mutagenic or toxic for reproduction) PBT (persistent, bioaccumulative and toxic) vPvB (very persistent and very bioaccumulative) Equivalent properties such as endocrine disrupting substances -Update of Annex 3: Based on decisions by the European Chemicals Agency (ECHA): Decision D(2024)4144-DC of 18/06/2024 (inclusion date: 27/06/2024) Decision D(2024)6225-DC of 10/10/2024 (inclusion date: 07/11/2024) Decision D(2024)7663-DC of 17/12/2024 (inclusion date: 21/01/2025) One entry updated by decision D(2024)7663-DC of 17/12/2024 -New Entries (Chemical names): 1)Reaction mass of: triphenylthiophosphate and tertiary butylated phenyl derivatives 2)Perfluamine 3)Octamethyltrisiloxane 4)O,O,O-triphenyl phosphorothioate 5)6-[(C10-C13)-alkyl (branched, unsaturated)-2,5-dioxopyrrolidin-1-yl]hexanoic acid 6)Triphenyl phosphate 7)Bis(ÿ,ÿ-dimethylbenzyl) peroxide 8)Tris(4-nonylphenyl, branched and linear) phosphite -Consequences of the Update: Safety data sheets must be updated to include this regulatory information in Section 15. Any object containing a substance of very high concern in concentrations over 0.1% weight/weight must be accompanied by information on the substance and guidance for safe use. Proposed date of entry into force is1 August 2025 ,and Final date for comments is 60 days from the date of notification (i.e. June 13, 2025)."