CELEX 02008R1272 · v20250901

4.3.2. Classification criteria for substances

4.3.2.1.    Classification criteria for PBT

A substance shall be considered a PBT substance when it fulfils the persistence, bioaccumulation and toxicity criteria set out in Sections 4.3.2.1.1 to 4.3.2.1.3 and assessed according to Section 4.3.2.3.

4.3.2.1.1.    Persistence

A substance shall be considered to fulfil the persistence criterion (P) where any of the following conditions is met:

(a) 

the degradation half-life in marine water is higher than 60 days;

(b) 

the degradation half-life in fresh or estuarine water is higher than 40 days;

(c) 

the degradation half-life in marine sediment is higher than 180 days;

(d) 

the degradation half-life in fresh or estuarine water sediment is higher than 120 days;

(e) 

the degradation half-life in soil is higher than 120 days.

4.3.2.1.2.    Bioaccumulation

A substance shall be considered to fulfil the bioaccumulation criterion (B) where the bioconcentration factor in aquatic species is higher than 2 000 .

4.3.2.1.3.    Toxicity

A substance shall be considered to fulfil the toxicity criterion (T) in any of the following situations:

(a) 

the long-term no-observed effect concentration (NOEC) or ECx (e.g. EC10) for marine or freshwater organisms is less than 0,01 mg/l;

(b) 

the substance meets the criteria for classification as carcinogenic (category 1A or 1B), germ cell mutagenic (category 1A or 1B), or toxic for reproduction (category 1A, 1B, or 2) according to Sections 3.5, 3.6 or 3.7;

(c) 

there is other evidence of chronic toxicity, as identified by the substance meeting the criteria for classification: specific target organ toxicity after repeated exposure (STOT RE category 1 or 2) according to Section 3.9;

(d) 

the substance meets the criteria for classification as endocrine disruptor (category 1) for humans or the environment according to Sections 3.11 or 4.2.

4.3.2.2.    Classification criteria for vPvB

A substance shall be considered a vPvB substance when it fulfils the persistence and bioaccumulation criteria set out in Sections 4.3.2.2.1 and 4.3.2.2.2 and assessed according to Section 4.3.2.3.

4.3.2.2.1.   Persistence

A substance shall be considered to fulfil the ‘very persistent’ criterion (vP) where any of the following conditions is met:

(a) 

the degradation half-life in marine, fresh or estuarine water is higher than 60 days;

(b) 

the degradation half-life in marine, fresh or estuarine water sediment is higher than 180 days;

(c) 

the degradation half-life in soil is higher than 180 days.

4.3.2.2.2.    Bioaccumulation

A substance shall be considered to fulfil the ‘very bioaccumulative’ criterion (vB) where the bioconcentration factor in aquatic species is higher than 5 000 .

4.3.2.3.    Basis of classification

For the classification of PBT substances and vPvB substances, a weight of evidence determination using expert judgement shall be applied, by comparing all relevant and available information listed in Section 4.3.2.3 with the criteria set out in Sections 4.3.2.1 and 4.3.2.2. That weight of evidence shall be applied in particular where the criteria set out in Sections 4.3.2.1 and 4.3.2.2 cannot be applied directly to the available information.

The information used for the purposes of assessment of the PBT/vPvB properties shall be based on data obtained under relevant conditions.

The identification shall also take account of the PBT/vPvB properties of relevant constituents, additives or impurities of a substance and relevant transformation or degradation products.

This hazard class (Persistent, Bioaccumulative and Toxic (PBT) or Very Persistent, Very Bioaccumulative (vPvB) properties) shall apply to all organic substances, including organo-metals.

The information set out in Sections 4.3.2.3.1, 4.3.2.3.2 and 4.3.2.3.3 shall be considered for the assessment of P, vP, B, vB and T properties.

4.3.2.3.1.    Assessment of P or vP properties

The following information shall be considered for the assessment of P or vP properties:

(a) 

results from simulation testing on degradation in surface water;

(b) 

results from simulation testing on degradation in soil;

(c) 

results from simulation testing on degradation in sediment;

(d) 

other information, such as information from field studies or monitoring studies, provided that its suitability and reliability can be reasonably demonstrated.

4.3.2.3.2.    Assessment of B or vB properties

The following information shall be considered for the assessment of B or vB properties:

(a) 

results from a bioconcentration or bioaccumulation study in aquatic species;

(b) 

other information on the bioaccumulation potential, provided that its suitability and reliability can be reasonably demonstrated, such as:

(i) 

results from a bioaccumulation study in terrestrial species;

(ii) 

data from scientific analysis of human body fluids or tissues, such as blood, milk or fat;

(iii) 

detection of elevated levels in biota, in particular in endangered species or in vulnerable populations or subpopulations, compared to levels in their surrounding environment;

(iv) 

results from a chronic toxicity study on animals;

(v) 

assessment of the toxicokinetic behaviour of the substance.

(c) 

information on the ability of the substance to biomagnify in the food chain, where possible expressed by biomagnification factors or trophic magnification factors.

4.3.2.3.3.    Assessment of T properties

The following information shall be considered for the assessment of T properties:

(a) 

results from long-term toxicity testing on aquatic invertebrates;

(b) 

results from long-term toxicity testing on fish;

(c) 

results from growth inhibition study on algae or aquatic plants;

(d) 

the substance meeting the criteria for classification as carcinogenic in Category 1A or 1B (assigned hazard statements: H350 or H350i), germ cell mutagenic in Category 1A or 1B (assigned hazard statement: H340), toxic for reproduction in Category 1A, 1B or 2 (assigned hazard statements: H360, H360F, H360D, H360FD, H360Fd, H360fD, H361, H361f, H361d or H361fd), specific target organ toxic after repeated dose in Category 1 or 2 (assigned hazard statements: H372 or H373);

(e) 

the substance meeting the criteria for classification as endocrine disruptor (Category 1) for human health or the environment (assigned hazard statements: EUH380 or EUH430);

(f) 

results from long-term toxicity testing on terrestrial organisms; invertebrates and plants;

(g) 

results from long-term toxicity testing on sediment organisms;

(h) 

results from long-term or reproductive toxicity testing with birds;

(i) 

other information, provided that its suitability and reliability can be reasonably demonstrated.

4.3.2.4.    Weight of evidence and expert judgment

4.3.2.4.1. In applying the weight of evidence determination using expert judgment as referred to in Section 1.1.1 all available relevant scientific data shall be considered together, such as:

(a) 

in vivo studies or other studies (e.g. in vitro, in silico studies);

(b) 

information from the application of the category approach (grouping, read-across);

(c) 

data from analogue substances using structure-activity relationships (SAR), informing about P, vP, B, vB and T properties;

(d) 

results of monitoring and modelling;

(e) 

human experience such as occupational data and data from accident databases;

(f) 

epidemiological and clinical studies;

(g) 

well documented case reports, peer-reviewed published studies and observations;

(h) 

any additional acceptable data.

The quality and consistency of the data shall be given appropriate weight. The available results regardless of their individual conclusions shall be assembled together in a single weight of evidence determination.

4.3.2.4.2. In applying the weight of evidence determination, the following information, in addition to the information referred to in Sections 4.3.2.3.1, 4.3.2.3.2 and 4.3.2.3.3, shall be considered as part of the scientific assessment of the information relevant for the P, vP, B, vB and T properties:

(a) 

Indication of P or vP properties:

(i) 

Results from tests on ready biodegradation;

(ii) 

Results from other degradation screening tests (e.g. enhanced ready test, tests on inherent biodegradability);

(iii) 

Results obtained from well-developed and reliable biodegradation (Q)SAR models;

(iv) 

Other information provided that its suitability and reliability can be reasonably demonstrated.

(b) 

Indication of B or vB properties:

(i) 

Octanol-water partitioning coefficient experimentally determined or estimated by well-developed and reliable (Q)SAR models;

(ii) 

Other information provided that its suitability and reliability can be reasonably demonstrated.

(c) 

Indication of T properties:

(i) 

Short-term aquatic toxicity (e.g. results from acute toxicity testing on invertebrates, algae or aquatic plants or fish, in vitro acute toxicity testing on fish cell line);

(ii) 

Other information provided that its suitability and reliability can be reasonably demonstrated.

4.3.2.5.    Application in time

From 1 May 2025 at the latest, substances shall be classified in accordance with the criteria laid down in Sections 4.3.2.1 to 4.3.2.4.

However, substances which were placed on the market before 1 May 2025 are not required to be classified in accordance with the criteria laid down in Sections 4.3.2.1 to 4.3.2.4 until 1 November 2026.

Source: Content sourced from EUR-Lex and licensed under CC BY 4.0. This is an unofficial presentation; only the official EUR-Lex version is legally authentic.

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