Confidentiality of IUPAC names in the C and L Inventory

News Alert
ECHA/NA/10/45
Media enquiries: ECHA Press

Companies not registering by the 2010 registration deadline but who are nevertheless obliged to notify the Classification and Labelling of substances to ECHA as of 3 January 2011 can, in certain cases, keep the IUPAC name confidential.

Helsinki, 13 August 2010 - For all hazardous substances (regardless of their volume) and all non-hazardous substances subject to registration which are placed on the market on or after 1 December 2010, notifications to the Classification and Labelling Inventory are due by 3 January 2011 or one month after placing the substances on the market, respectively. For each substance, information on the classification and labelling will be published.

The IUPAC name can be considered as confidential and thus not be published in the C and L inventory for the following cases:
•non-phase in substances,
•substances only used as one or more of the following
-as intermediates
-in scientific research and development
-in product and process oriented research and development.

When submitting C and L notifications, indications that the IUPAC name shall be kept confidential can only be made using IUCLID as a C and L notification tool, as there are no facilities to do this in the other notification submission tools.

In order to keep the IUPAC name confidential, companies are requested to provide in the IUCLID dossier:
1- A justification including a clear indication whether the substance concerned is a non phase-in substance, a substance used as a chemical intermediate, in scientific research and development or in product and process oriented research and development.
2- An alternative name instead of the IUPAC name for dissemination by ECHA.

The alternative name for dissemination should be derived by applying the rules for generating an alternative name as specified in Directive 1999/45/EC, Annex VI, part B. The alternative name should be included into the IUCLID field called ‘public name'.

To be noted: for substances that have to be registered in accordance with REACH on 1 December 2010 or before they can be placed on the market (i.e. non-phase in substances in quantities > 1 tonne) there is no need to submit a separate C and L notification, as all relevant information for the C and L Inventory - including claims for confidentiality of the IUPAC names - will be extracted from the registration dossiers.