On February 18th 2020 Regulation (EU) n. 2020/217, corresponding to the 14th ATP, has been published on the official EU Journal. This regulation amended Annex VI to Regulation 1272/2008 (CLP) by adding, removing or modifying the harmonized classification of certain substances.
Of the updated substances, the most controversial classification update regarded the Titanium dioxide (CAS: 13463–67–7), a substance widely used in paint products which received a classification as cancerogenous via inhalation of category 2 due to the toxicity of respirable particles. However, last November 2022 the EU General Court ruled on the matter by issuing a sentence that annulled the part relating to Titanium dioxide.
Last February 8th, the French Government announced the filing on an appeal following the EU General Court sentence, challenging the decision to annul the carcinogenic classification for titanium dioxide.
The French appeal
The French Government, which was at the origin of the project to classify titanium dioxide as carcinogenic, reported that the General Court exceeded the limits of its judicial control by interpreting on its own the available scientific data. It also reports that, if the harmonized classification were going to be modified, this will constitute a setback in the overall protection of the health of European citizens and workers handling the substance.
Since an appeal has been lodged, the judgment of the European Court, which would have possibly removed the carcinogenic classification of titanium dioxide, has been temporarily suspended. The titanium dioxide harmonized classification will continue to apply until an outcome of this new procedure can be decided.