The Case of Titanium Dioxide - Commission puts the cards on the table

In preparation for the consultation meeting on 18 September 2019, the European Commission has sent its draft final proposal for the classification of titanium dioxide as a hazardous substance to the EU Member States. The scope of the new proposal includes far more solid mixtures with titanium dioxide than before, with significant downstream legal consequences like e.g. a ban for paint boxes. Meanwhile, there is a growing call for a comprehensive impact assessment.

The Commission proposal to classify titanium dioxide as a "substance with a suspected carcinogenic effect in humans through inhalation” (Category 2) in Annex VI CLP Regulation covers two different categories:

(1.) ‘Titanium dioxide in powder form containing 1% or more of particles with aerodynamic diameter ≤ 10 μm;’ and

(2.) ‘Mixtures in powder form containing 1% or more of titanium dioxide which is in the form of or incorporated in particles with aerodynamic diameter ≤ 10 μm.’ [underlined = new text in “Note 10”].

The last point has undergone various small but significant changes during the process. In contrast to the previous version it is now clear that not only

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