Effective 1 August 2017, the regulation of water hazard classes (WGK) in Germany becomes subject to a new Ordinance on Facilities Handling Substances that are Hazardous to Water of 18 April 2017 (Verordnung über Anlagen zum Umgang mit wassergefährdenden Stoffen, AwSV, vom 18. April 2017).

The new ordinance updates the system for determining WGK to the Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP Regulation). A new water hazard class, “generally hazardous to water,” is introduced for certain substances and mixtures as well. 

The requirements for documentation of the self-assessment of the WGK is changing considerably, and will require a different approach to the WGK compliance. 

Background

Germany has classified chemical products with water hazards since 1979, but the modern WGK (water danger class, or Wassergefährdungsklasse) determination has been based on the Administrative Regulation on Substances Hazardous to Waters (Verwaltungsvorschrift wassergefährdende Stoffe; VwVwS) published on 17 May, 1999, as amended July 2005. 

The VwVwS established a system supporting self-determination of the WGK by industry, based on the hazard classifications in the national regulations implementing the EU Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (1999/45/EC). It requires notification of the self-determined WGK to the German authorities, and enables the authorities to establish legally binding WGK classifications where appropriate (which take precedence over the self-determination of WGK). 

Under the older VwVwS, WGK classification of substances could be done by assigning points to a substance based on the Risk phrases assigned to that substance under DPD. Mixtures were classified based on a set of rules accounting for the concentrations of ingredients in the WGK 1, 2, or 3 classes as well as ingredients classified as carcinogens (R45). 

With the publication of the Ordinance on Facilities Handling Substances that are Hazardous to Water (AwSV), the Administrative Regulation on Substances Hazardous to Waters (VwVwS) will be rescinded.

New System for WGK

The new criteria for classification of WGK is set out in appendix 1 of the Ordinance. Like the former VwvwS, the new system supports classification of substances by summation of points assigned – but now the points are established based on either the Risk phrase or the Hazard statement – as well as classification of mixtures based on the WGK and hazard properties of ingredients. The M-factor introduced in the CLP is taken into consideration when classifying mixture WGK. 

A new category “generally hazardous to water” (allgemein wassergefährdend, AWG) is introduced for liquids that float on top of water and for solid mixtures (that cannot otherwise be assigned a WGK).

It might surprise people to find that the new ordinance continues to list point assignments based on Risk phrases. This is due to the history of amendments: the revised Risk-phrase-based WGK system was approved in May 2014 in the original draft of the AwSV (pre-dating the obsolescence of R-phrases on 1 June 2015). Take note, therefore, that the Risk-phrase-based points in the new AwSV are NOT THE SAME as those in the older VwVwS, as amended through 2005. In principle, these R-phrase based classifications should not be used as that classification information has no legal value on the effective date of the ordinance.

Deadlines and Transitional Provisions

The new AwSV comes into effect on 1 August 2017. 

All substances and mixtures that were classified by or based on the older system as of 1 August 2017 are considered to be classified under the new AwSV. 

As companies become aware of any necessary change in the WGK of substances they have previously notified, they are obligated to notify the UBA. It is NOT necessary to notify or update documentation of a previously notified WGK if the points assessed change, but this does not affect the WGK assignment. 

As before, if companies obtain new information that will result in a change to a published classification, they must also notify the UBA. 

The situation is a bit different for companies that have notified the WGK to the permitting authorities for facilities that have sought permits to handle substances hazardous to water. Because these facilities have an obligation to maintain their information current, even though the existing notification is considered valid at the new effective date, the facility should commence a review of their existing documentation in accordance with the new ordinance.  There is no obligation to notify any changes, but the facility is responsible in case of an audit to demonstrate to the permitting authorities that the documentation and compliance measures conform to the current regulations. 

Please contact us using our contact page, if you need support to understand the new requirements or to begin re-assessment of the WGK under the new method.