G/TBT/W/673  
 
23 July 2019  
(19-4884) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
EUROPEAN UNION — REGULATION (EC) NO 1272 /2008 (CLP REGULATIO N) 
STATEMENT BY THE UNITED STATES TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
20 AND 21 JUNE 2019  
The following communication, dated 22 July 2019, is being circulated at the request of the delegation 
of the United States . 
 
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1.  The United States' concerns with the EU's proposed classification and labelling requirements for 
titanium dioxide and cobalt are well known.  
2.  First, w e are concerned about the lack of transparency of how the EU notifies and conducts public 
consultations on chemicals and mixtures via its REACH and CLP Regulations, both within the EU and 
to the WTO, and those concerns are equally applicable to the propose d classifications of cobalt and 
titanium dioxide;  
3.  Second, we are concerned that the EU has mis -applied the UN Global Harmonized Standard for 
the Classification and Labelling of Chemicals to the titanium dioxide classification; and  
4.  Third, we are concerned a bout the overly broad classifications for both substances to include 
uses where there is no scientific evidence of a risk to human health, including non -nano titanium 
dioxide and the use of cobalt in metal alloys such as stainless steel.  
5.  These poorly scope d classifications are unnecessarily disruptive to trade, as there are alternative 
means by which the EU could address its objectives.  
6.  We are disappointed that the EU has not sought to consult with, much less address, the concerns 
of many WTO Members, who h ave noted in the several TBT and CTG Committee meetings that 
billions in their EU exports will be impacted.  
7.  We ask that the EU take no further action on these two classifications until it responds to the 
concerns expressed by WTO Members here on the floor and via the EU inquiry point – as well as the 
over 400 comments it received on these classifications via its Better Regulation consultation in the 
EU. 
8.  In this regard, the United States would be happy to host a consultation between the United 
States, EU and  other WTO Member experts on the classifications to discuss both the science behind 
the classifications as well as the scope.  
9.  We note that in the case of cobalt, the EU, in the draft classification notified to the WTO, 
acknowledged that it does not have su fficient information on the risks of cobalt exposure via metal 
alloys such as stainless steel.,  
10.  For titanium dioxide, U.S. experts posed questions in the U.S. government comments as to why 
the EU did not distinguish between fine and ultra -fine or nano par ticles in its classification and 
labeling requirements. We have not received an explanation.  G/TBT/W/673  
 
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  11.  We also never received written responses to the following questions as to how the restriction 
will apply to downstream products:  
• Will downstream articles and produ cts, such as toys and medical devices, need to get a 
derogation to use titanium dioxide in any form? Or will this only apply when the titanium 
dioxide is available for inhalation?  
• Under what conditions will the EU require labeling for articles containing t itanium dioxide? 
Is it only when the final article or product containing titanium dioxide is in power or liquid 
form? Or could this apply to products such as plastic or a coating on a product that are 
formulated with powder?  
12.  We would welcome a discussion to promote regulatory coherence among WTO Member 
countries on occupational exposure limits for titanium dioxide.  
13.  We thank you for consideration of these comments and trust that we can find a means by which 
to work together to productively address these con cerns.  
 
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