Notification for the Classification and Labelling Inventory - a reminder

Obligations under the new Classification, Labelling and Packaging (CLP) Regulation (Regulation (EC) No 1272/2008) - from 1 December 2010, most manufacturers and importers of chemical substances will be obliged to notify their Classification and Labelling (C&L) information to ECHA.

Who has to notify to the C&L inventory?

Under CLP a notification to the C&L Inventory has to be done by each manufacturer or importer for the following substances:

• Substances subject to registration under REACH and placed on the market. This will apply for substances not classified as hazardous as well as certain substances contained in articles. Where a substance has already been registered under REACH with the CLP classification and labelling or notified under CLP no further notification shall be submitted.
• Substances classified as hazardous under CLP and placed on the market, irrespective of the tonnage (i.e. less than 1tpa); if you have pre-registered a substance, but do not register it before the CLP deadline, you  (as the importer or manufacturer) will need to notify to the C&L Inventory. This situation will occur if a company manufactures or imports substances in quantities that do not trigger the first registration deadline of 30 November 2010,even if the REACH registration is due in 2013 or 2018, the Classification and Labelling (C&L) information for substances within the scope of CLP must be reported to the inventory.
• Substances classified as hazardous under CLP and present in a mixture above the concentration limits specified in Annex I of CLP or as specified in DPD, which results in the classification of the mixture as hazardous, and the mixture is placed on the market.
• Research and Development and PPORD substances which are hazardous and placed on the market at  less than 1tpa.

If you fall into one of the above categories you will need to make a notification to the C&L Inventory unless you have already registered under REACH (with the CLP classification).

Notification is also required for the following substances exempted from registration:

Hazardous REACH Annex V substances and hazardous polymers of all tonnages if they are placed on the market

PPP/BP active substances of all tonnages if the active substance and the PPP/BP are hazardous and placed on the market

What are the deadlines for notification?

From 1 December 2010 manufacturers and importers are required to make a C&L notification to ECHA.

For substances on the market on or after 1 December 2010, the deadline for notification is the first working day one month after the substance was first placed on the market.  For example if a substance is placed on the market on 1 December 2010, the deadline for notification will be Monday 3 January 2011.

There maybe cases where a substance was on the market before 1 December 2010, but taken off the market for a period prior to and including 1 December 2010, before being placed back on the market.  In these cases, the registration deadline will be 1 month from the substance being placed back on the market after 1 December 2010.

It is possible to voluntarily notify before 1 December 2010.  However, you should note that ECHA will be closed over the Christmas period (24 December 2010 to 2 January 2011).  It is recommended to notify early to allow any technical problems with the submission tool to be resolved in a timely manner.

Please contact JSC International for further information on notification requirements or for any assistance you may need to meet your CLP obligations.
tel: 01423 520245    enquiries@jsci.co.uk