CLP Regulation and Notification for Classification and Labelling Inventory
CLP Regulation is the new European Regulation on Classification, Labelling and Packaging of chemical substances and mixtures* ("CLP") which came into force on 20 January 2009. The legislation introduces a new system for classifying and labelling chemicals throughout the European Union ("EU") based on the United Nations’ Globally Harmonised System (UN GHS). CLP replaces the Dangerous Substances Directive (DSD) 67/548/EEC and the Dangerous Preparations Directive (DPD) 1999/45/EC.
CLP lays down the rules on how to determine whether a substance or mixture displays properties that lead to a classification as hazardous and how to communicate such hazards to other players in the supply chain. It is the responsibility of a company to establish what hazards their substances and mixtures have before they are placed on the market, and to package and label them in line with CLP.
There are specific timelines for industry to classify and label their substances and mixtures in line with the CLP rules. Also, industry must notify hazardous substances and mixtures which contain such substances to a central inventory ("C&L Inventory") established by the European Chemicals Agency ("ECHA").
*Note: “mixture” means the same as the term “preparation” which was used in previous chemical legislation.
(2) Industry's Roles and Obligations under CLP
The obligations placed on a supplier of substances or mixtures under CLP depend upon the role the supplier has in the supply chain towards a substance or mixture. CLP distinguishes between:
It should be noted that suppliers of substances or mixtures may have more than one role under CLP:
(3) The Scope of Notification Duties to the C&L Inventory
The scope of which substances have to be notified to the C&L Inventory is provided in CLP Article 39 and, according to this Article, notification covers:
Therefore, where after evaluating hazard information under CLP no hazardous properties have been identified for a substance, there is no obligation to notify to C&L Inventory. If, however, the substance is subject to registration under REACH, there is an obligation to notify ECHA after the substance is placed on the market.
(4) Deadlines for Submitting Notification for Substances to the C&L Inventory
Any hazardous substance (regardless of quantity) or non-hazardous substance subject to registration under REACH (ie ≥1 tonne per year) which is placed on the market on or after 1 December 2010 has to be notified to the Classification & Labelling Inventory (C&L Inventory) by 3 January 2011. Separate notification is not necessary if information on classification and labelling has been submitted before this deadline as part of the registration of the substance under REACH. However, if REACH registration is later than 3 January 2011, notification will have to be submitted before the substance has to be registered.
(5) CLP Requirements for Mixtures
The obligation to apply CLP to mixtures placed on the market will in most cases start on 1 June 2015. The classification of mixtures is for the same hazards as for the substances [CLP Article 39(b)] and available data on a mixture as a whole will have to be used to determine the classification. It should be noted that the physical hazard class to which the mixture belongs could be different from that of the substance(s) causing the hazard. Expert judgment should be sought in case of doubt.
CLP requires that hazardous substances present in the mixture which led to the classification of the mixture have to be notified to the C&L Inventory. Substances have to be present in the mixture above the concentration limits specified in Annex I of CLP (or as specified in Directive 1999/45/EC).
(6) Information to be Included in the C&L Notification
According to CLP Article 40(1), notification should contain the following information:
Note: Information referred to in CLP Article 40(1) does not have to be notified if it has been submitted to ECHA as part of the registration pursuant to REACH or if it has already been notified by that notifier.
(7) Submission of C&L Notification
A company can chose one of the following tools to prepare its classification and labelling notification:
(8) ECHA Guidance on CLP Notification
SIEF members who are obliged to submit C&L notification are recommended to visit, as the principal information source, the website of the European Chemicals Agency (ECHA) as it provides extensive guidance on CLP Regulation.
A description of the obligations related to the different roles of suppliers under CLP is available in section 2 of Introductory Guidance on the CLP Regulation and a copy of ECHA FQA re CLP.