What is CLP ?

CLP is the Classification, Labelling and Packaging Regulation No. 1272/2008 and is the EU’s implementation of the UN’s Globally Harmonized System of Classification and Labelling of Chemicals (GHS). It is a Regulation rather than a Directive and therefore applies directly across the EU without being transposed into the national law of any or each of the Member States.

CLP is a very new regime for the EEA (EU plus Norway, Iceland and Liechtenstein) involving new "pictograms", warning phrases, hazard statements, and criteria, with larger and more colourful labels too. Some chemicals not subject to labels under the old classification and labelling regime will now need labelling; some chemicals with relatively mild warnings will be labelled in a much more severe way.

The legislative text of the CLP Regulation is found at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008R1272:EN:NOT

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What chemicals are within the scope of CLP and which are exempt?

CLP applies to all substancesand mixtures imported, manufactured, or placed on the market within the EEA unless otherwise exempt. The Regulation does not apply to:

• Radioactive substances and mixtures within the scope of Council Directive 96/29/Euratom
• Substances and mixtures in Customs control which are not subject to treatment or processing
• Waste as defined in Directive 2006/12/EC
• Non-isolated intermediates
• Substances and mixtures for scientific research and development which are not placed on the market
• The transport of dangerous goods

In addition, Member States may grant exemptions in specific cases for certain substances or mixtures where necessary in the interests of defence.

There are also exemptions for substances and mixtures in their finished state in the following areas:

• Medicinal products for humans and animals as defined in Directives 2001/83/EC and 2001/82/EC respectively
• Cosmetic products as defined in Directive 76/768/EEC
• Medical devices as defined in Directives 90/385/EEC, 93/42/EEC and 98/79/EC
• Food or feeding stuffs as defined in Regulation (EC) No 178/2002.

If you are unsure if CLP applies to you and your products, contact us for more information and details of our Helpdesk and Consultancy services.

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What are the general obligations?

Classification

In general, manufacturers, importers and downstream users of substances and mixtures to be placed on the market must check if those chemicals meet the criteria for classification.

Labelling

A supplier must label his substances and mixtures to the CLP requirements before placing them on the market in order to communicate hazard information. Safety Data Sheets must also be provided to business customers where the chemicals are hazardous.

Notification

Companies who place substances on the market must submit a notification to the Classification and Labelling (C&L) Inventory established by ECHA details of the classification and labelling. This obligation applies to those suppliers who:

• Manufacture or import a substance subject to REACH registration
• Manufacture or import a hazardous substance, irrespective of tonnage
• Import an article containing substances subject to registration under REACH Article 7 (intentional release)
• Import a mixture containing a hazardous substance above certain limits which results in the classification of the mixture as hazardous.

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Can non-EU companies appoint an Only Representative for CLP?

There is no provision in the CLP regulation for the appointment of an Only Representative.

If, for confidentiality reasons, a non-EU supplier does not want to disclose the required information to each importer they may nominate one importer to receive the information and notify on behalf of the other importers. An Only Representative could become an importer by taking a small sample of the substance or mixture in question and thus submit the notification on behalf of the EU importing customers.

Note that in the case of notification to the C&L Inventory, an Only Representative may submit the information needed for notification as part of a REACH registration dossier. If an Only Representative has already registered the substance under REACH, the importers do not need to submit a separate notification.

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I am a Downstream User obtaining chemicals from EU suppliers. Do I need to submit a notification to the C&L Inventory?

No. Notification only applies to companies who import or manufacture and place on the market substances in scope of notification.

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Does CLP apply to EU producers or importers of articles?

CLP only affects EU producers or importers of explosive articles (as described in Section 2.1 of Annex I to CLP) or where REACH Article 7 or 9 provides for registration or notification of a substance contained in an article.

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My substance was listed in Annex I of the Dangerous Substances Directive (67/548/EEC) with a harmonised classification. Is there such an agreed classification under CLP?

Annex I of the Dangerous Substances Directive (DSD) ceased to have legal effect when CLP entered into force on 20 January 2009.

The list of harmonised substance classifications and labelling requirements were immediately incorporated into Annex VI of the CLP regulation. In Annex VI of REACH, the classification and labelling according to CLP is given in in Table 3.1 and that according to the DSD in Table 3.2. Amendments to this list are made through Adaptations to Technical Progress (ATP).

To search for the current harmonised classification and labelling requirements of a substance, REACHReady recommends the European chemical Substance Information Service at http://esis.jrc.ec.europa.eu/index.php?PGM=cla However please not that this database is not official legal text.

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Do I need to submit a notification to the C&L inventory for a substance with harmonised classification?

A company importing or manufacturing and placing on the market a substance listed in Annex VI of CLP and in scope of the C&L notification duty (see also our FAQ on CLP obligations) must notify their substance to the C&L inventory. They are required to notify the harmonised classification given in Annex VI of CLP.

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What is the timescale for CLP implementation?

For substances, the CLP obligations began on 1 December 2010, and for mixtures they begin on 1 June 2015. However, here are complex transitional arrangements from the old regime to CLP; for certain substances and mixtures the deadlines for re-packaging and re-labelling to CLP are two years later. There are also options for companies to implement CLP early.

From 1 December, suppliers have 1 month from placing the material on the market to submit their notification to the Classification and Labelling Inventory.

If you would like advice on how the transitional period applies to you, contact our Helpdesk.

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Where can I find the official CLP hazard pictograms?

The hazard pictograms are found on the UN’s website at . There are .gif files in RGB, .eps files in CYMK, and "label" format .tif files which are 45°-rotated picture for direct label printing in CYMK. Note that there is no specified Pantone number for the red colour.

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I import and supply hazardous substances in the EU. Whose contact information should be stated on the label, those of my non-EU supplier or mine as the importer?

As the EU supplier the importer must include their legal entity name, address and telephone number on the label. The non-EU supplier’s information is not required.

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