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CLP

Understanding CLP

Does CLP apply to me?
CLP applies to you if you manufacture, import, use or distribute chemical substances or mixtures. You must classify, label and package any substance or mixture, regardless of its annual tonnage, in accordance with the CLP Regulation before you place it on the EU market. Placing on the market of a substance or mixture means making it physically available to third parties, whether in return for payment or free of charge.
 
If you are a manufacturer or importer, you are required under CLP to classify substances that are subject to registration or to notification in line with Article 7 or 9 of REACH, even if you do not place them on the market. This includes e.g. the classification of substances that are used for product and process-orientated research and development (PPORD).
 
If you are a manufacturer or importer, you must notify hazardous substances that you place on the market on their own or contained in hazardous mixtures above certain applicable concentration limits, regardless of the annual tonnage manufactured or imported, as well as substances subject to registration under REACH and that you place on the market, to the Classification & Labelling Inventory established at the Agency. However, the duty to notify does not apply in case you have already submitted the information which is relevant for a notification under CLP as part of a registration.
Modified Date: 08/08/2019
ID: 0160
Version: 1.0
This answer has been agreed with national helpdesks.
What is GHS?
GHS stands for the Globally Harmonised System of classification and labelling of chemicals. It provides a basis for uniform physical, environmental, health and safety information on hazardous chemicals at global level through the harmonisation of the classification criteria, labelling rules and guidance on the preparation of Safety Data Sheets. 
 
The GHS is developed and maintained at United Nations level with the aim of avoiding different hazard information requirements on physical, health and environmental hazards for the same chemicals around the world. In addition, it also aims to facilitate trade: by applying GHS across different countries, it will no longer be necessary for an exported chemical to be reclassified and relabelled in order to comply with different classification criteria, labelling rules and Safety Data Sheet requirements of the importing country.
 
For further information on the development of the UN GHS, please see: http://www.unece.org/trans/danger/publi/ghs/histback_e.html 
Modified Date: 08/08/2019
ID: 0164
Version: 1.0
This answer has been agreed with national helpdesks.
What are the differences between GHS and CLP?
The GHS was implemented through Community legislation in the form of Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures (CLP Regulation) which is legally binding and directly applicable in the Member States of the EU, whereas GHS is not legally binding.
 
GHS and CLP are not identical because CLP is also based on the old EU legislation on classification and labelling, i.e. the Dangerous Substances Directive 67/548/EEC (DSD) and the Dangerous Preparations Directive 1999/45/EC (DPD).
 
In addition, and based on the so-called UN GHS "building block approach", CLP does not include all the hazard categories included for a hazard class because they were not part of DSD, e.g. category 4 of the hazard class flammable liquids, or category 3 (mild irritant) of the hazard class skin corrosion/irritation. CLP includes special labelling and packaging rules that are not part of the UN GHS, but which were brought over from the DSD and DPD, e.g. the rules on small packaging (CLP Article 29), on supplemental information for certain mixtures (Part 2 of Annex II to CLP) and for the provision of child-resistant fastenings or tactile warnings. Also, it includes rules for the situation when a substance is both covered by CLP and by transport legislation (CLP Article 33).
 
It should be noted that in contrast to the UN GHS, CLP does not include specific rules on Safety Data Sheets as they are already regulated by REACH, through its Article 31 and Annex II.
Modified Date: 08/08/2019
ID: 0165
Version: 1.0
This answer has been agreed with national helpdesks.
Where can I find the consolidated version of the CLP Regulation?

You can find the latest consolidated version of CLP via the ECHA website at: http://echa.europa.eu/regulations/clp/legislation. Note that the text has no legal value. For legal purposes please refer to the texts published in the Official Journal of the European Union.

Modified Date: 08/08/2019
ID: 0166
Version: 1.0
This answer has been agreed with national helpdesks.