CLP: FAQ

  • What is CLP?
    CLP is the Classification, Labelling and Packaging Regulation No. 1272/2008 (as amended) and is the EU’s implementation of the UN’s Globally Harmonised 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. The countries of the EEA have also ratified the CLP Regulation and it therefore applies in Iceland, Norway and Liechtenstein.

    When it was introduced, CLP was a very new regime for the EU/EEA 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 here.

  • Which chemicals are in scope of CLP and which are exempt?

    CLP applies to all substances and mixtures imported, manufactured, or placed on the market within the EU/EEA unless otherwise exempt irrespective of tonnage. 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, intended for the final user, 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 our Helpdesk.

  • Does CLP apply to 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.
  • 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
    Suppliers must label their 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, with details of the classification and labelling of their substance. 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.

  • 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 (OR).

    An OR appointed for REACH may, however, act on behalf of a group of importers and submit notifications to the inventory via REACH-IT, but should be able to document that they have been nominated to act on behalf of the group. Note, though, that the importers remain responsible for the notification. If an Only Representative has already registered the substance under REACH, the importers do not need to submit a separate notification. Any updates to the notification must then be made via the submission of an updated registration dossier.

    If, for confidentiality reasons, a non-EU supplier does not want to disclose the required information to each importer and has no Only Representative for REACH they may nominate one importer to receive the information and notify to the Classification and Labelling Inventory on behalf of the other importers.
  • 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 Table 3.1 and that according to the DSD is given in Table 3.2. Amendments to this list are made through Adaptations to Technical Progress (ATP).

    The harmonised classification and labelling entries in Annex VI are legally binding, but they are only partial classifications. Manufacturers, importers and downstream users must self-classify those non-harmonised endpoints and differentiations before placing the substance on the market. Importers and manufacturers placing the substance on the market must also notify to the Classification and Labelling Inventory (CLI) the Annex VI entry and the self-classified information.

    To search for the current harmonised classification and labelling requirements of a substance, we recommend the CLI on the ECHA website. However please note that this database is not official legal text.
  • Where can I find the official CLP hazard pictograms?

    The hazard pictograms are found on the UN’s website at www.unece.org/trans/danger/publi/ghs/pictograms.html. 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.
  • 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.
  • 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.
  • 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 must notify their substance to the C&L inventory. They are required to notify the harmonised classification given in Annex VI of CLP.
  • What methods can I use to classify mixtures under CLP?

    Classifying mixtures under CLP requires skill and expert judgement. There are four main methods used to classify mixtures under CLP:

    1. classification based on test data;
    2. bridging principles;
    3. classification based on consideration of the component ingredients (additivity and non-additivity approaches);
    4. read-across from DPD using the Annex VII translation table.

    Classifying mixtures under CLP may also require the use of expert judgement, particularly where the additivity approach yields results which are not believed to reflect the true properties of the formulation.

    To find out more about how to use these methods please see our guidance or come along to our next CLP workshop

Brexit FAQs - To support companies in understanding the changes resulting from the UK’s exit from the EU, REACHReady together with the Chemical Industries Association (CIA) have identified a number of frequently asked questions focussing on REACH, Classification, Labelling and Packaging (CLP) and Biocidal Product (BPR) Regulation. For all Gold subscribers, REACHReady will continue to answer any specific questions you may have on Brexit and chemicals regulation through the helpdesk.

 

Make your Silver subscription Gold today - upgrade now online. Call us on +44 (0) 20 7901 1444 for more information.

You can call our Helpdesk number on +44 (0) 20 7901 1444. Or e-mail us on enquiries@reachready.co.uk.

Scope | Obligations | Classification | Labelling | Notification | C&L Inventory | Mixtures

Scope

  • What is CLP?
    CLP is the Classification, Labelling and Packaging Regulation No. 1272/2008 (as amended) and is the EU’s implementation of the UN’s Globally Harmonised 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. The countries of the EEA have also ratified the CLP Regulation and it therefore applies in Iceland, Norway and Liechtenstein.

    When it was introduced, CLP was a very new regime for the EU/EEA 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 here.
  • Which chemicals are in scope of CLP and which are exempt?
    CLP applies to all substances and mixtures imported, manufactured, or placed on the market within the EU/EEA unless otherwise exempt irrespective of tonnage. 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, intended for the final user, 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 our Helpdesk.
  • Does CLP apply to 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.

Obligations

 

  • 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
 Suppliers must label their 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, with details of the classification and labelling of their substance. 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.

 

  • 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 (OR).

    An OR appointed for REACH may, however, act on behalf of a group of importers and submit notifications to the inventory via REACH-IT, but should be able to document that they have been nominated to act on behalf of the group. Note, though, that the importers remain responsible for the notification. If an Only Representative has already registered the substance under REACH, the importers do not need to submit a separate notification. Any updates to the notification must then be made via the submission of an updated registration dossier.

    If, for confidentiality reasons, a non-EU supplier does not want to disclose the required information to each importer and has no Only Representative for REACH they may nominate one importer to receive the information and notify to the Classification and Labelling Inventory on behalf of the other importers.

Classification

  • 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 Table 3.1 and that according to the DSD is given in Table 3.2. Amendments to this list are made through Adaptations to Technical Progress (ATP).

    The harmonised classification and labelling entries in Annex VI are legally binding, but they are only partial classifications. Manufacturers, importers and downstream users must self-classify those non-harmonised endpoints and differentiations before placing the substance on the market. Importers and manufacturers placing the substance on the market must also notify to the Classification and Labelling Inventory (CLI) the Annex VI entry and the self-classified information.

    To search for the current harmonised classification and labelling requirements of a substance, we recommend the CLI on the ECHA website. However please note that this database is not official legal text.

 

Labelling

 

  • Where can I find the official CLP hazard pictograms?
    The hazard pictograms are found on the UN’s website at www.unece.org/trans/danger/publi/ghs/pictograms.html. 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.
  • 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.

 

C&L Inventory

 

  • 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.
  • 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 must notify their substance to the C&L inventory. They are required to notify the harmonised classification given in Annex VI of CLP.

 

Mixtures

  • What methods can I use to classify mixtures under CLP?
    Classifying mixtures under CLP requires skill and expert judgement. There are four main methods used to classify mixtures under CLP:

    1. classification based on test data;
    2. bridging principles;
    3. classification based on consideration of the component ingredients (additivity and non-additivity approaches);
    4. read-across from DPD using the Annex VII translation table.

    Classifying mixtures under CLP may also require the use of expert judgement, particularly where the additivity approach yields results which are not believed to reflect the true properties of the formulation.

    To find out more about how to use these methods please see our guidance or come along to our next CLP workshop


Brexit FAQs - To support companies in understanding the changes resulting from the UK’s exit from the EU, REACHReady together with the Chemical Industries Association (CIA) have identified a number of frequently asked questions focussing on REACH, Classification, Labelling and Packaging (CLP) and Biocidal Product (BPR) Regulation. For all Gold subscribers, REACHReady will continue to answer any specific questions you may have on Brexit and chemicals regulation through the helpdesk.

 

Make your Silver subscription Gold today - upgrade now online. Call us on +44 (0) 20 7901 1444 for more information. 

You can call our Helpdesk number on +44 (0) 20 7901 1444. Or e-mail us on enquiries@reachready.co.uk