From 1 January 2021 the new Regulation (EU) 2020/878 is in force, which introduces numerous innovations regarding the information that must be included in the SDS.

The SDS represents an informative document with legal value that the supplier (manufacturer / importer / responsible company) of the dangerous product must transmit to the recipient: employer, professional users, distributors, retailers, downstream users. However, it is not intended for the final consumer who is informed about the danger of the product through labeling in compliance with the CLP Regulation.

According to the Authorities, 70% of the SDS is not up to standard, because what is declared does not correspond to the real composition of chemical substances and mixtures or more simply they contain formal errors that invalidate their regularity.

The new Regulation (EU) 2020/878, published in June 2020, modifies Annex II of REACH relating to the “Requirements for the compilation of safety data sheets (SDS)” for substances and mixtures, repealing the previous Regulation (EU ) 830/2015.

The timing of application are as follows:

• July 16, 2020: entry into force of the regulation
• January 1, 2021: application of the new regulations
• 31 December 2022: conclusion of the transition period in which non-compliant SDS can circulate (if not subject to previous revision).

In addition to integrating the usual specific provisions established in the revision of the GHS (Globally Harmonized System of Classification and Labeling of Chemical Substances), according to the new Regulation, the SDS must include new elements, including:

• specific toxicological and ecotoxicological information relating to substances and mixtures with properties of interference with the endocrine system (endocrine disruptors);
• specific requirements for nanoforms;
• the UFI code;
• empirical data relating to the substance or mixture regarding the chemical-physical properties.

According to the REACH Regulation, downstream users of chemicals have various obligations, including checking that they have updated SDS and reporting any irregularities in the information contained.

The violation of information obligations along the supply chain is punished with fines of up to € 60,000.
If the SDS and equivalent information are not available, not accessible to workers or not updated, penalties of up to € 90,000 are envisaged.
The placing on the market or the unauthorized use of a substance subject to authorizations and restrictions are punished with penalties of up to € 150,000.