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CLP

Industry roles under CLP

What roles and obligations do re-fillers have under CLP?

Re-fillers are downstream users of substances or mixtures whose use is limited to transferring substances or mixtures supplied to them from one container (or packaging) into another. Re-fillers are therefore not obliged to classify in accordance with Title II of CLP, but may also take over the classification derived in accordance with Title II already by another actor in the supply chain provided the re-filler does not change the composition of the substance or mixture that is being refilled. In any case the re-filler has to ensure that the labelling and packaging is in accordance with CLP. This can mean that the original label must be replaced by another one. For example, when the contents of a 200 l drum is decanted into 25 ml bottles, the new label should be in line with the small packaging exemptions, unlike the original bigger one which required full labelling.

Note that re-fillers established within the EU who are supplied with substances or mixtures by an actor outside the EU are considered to be importers under CLP, unless they can benefit from the provisions foreseen for re-importers, see Q&A 168. This means that they have the obligation to classify these substances and mixtures and to notify relevant substance information to the Classification and Labelling (C&L) Inventory.

What roles and obligations do re-importers have under CLP?

According to CLP Article 2(19), a re-importer is considered a downstream user. Re-importers are therefore not obliged to notify to the C&L Inventory or to classify in accordance with Title II of CLP, but may also take over the classification derived in accordance with Title II already by another actor in the supply chain. In any case the re-importer has to ensure that the labelling and packaging is in accordance with CLP.

Note that for a re-importer to be considered a downstream user certain conditions have to be fulfilled. First, the re-imported substance must have been registered before it was exported from the EU. In addition, the substance must have been re-imported within the same supply chain. Third, a re-importer needs to be able to show that the re-imported substance is the same as the one that was originally exported. Finally, the re-importer must also be able to show that he has been provided with the respective information in accordance with REACH Article 31 or 32.

When any of the conditions mentioned above is not fulfilled, the re-importer is considered an importer. This means that he has the obligation to classify these substances or mixtures and to notify relevant substance information to the C&L Inventory.

Do distributors have to classify under CLP?

A distributor is a natural or legal person established within the European Union, including a retailer, who only stores and places on the market a substance, on its own or contained in a mixture, for third parties. Distributors are not obliged to derive the classification of the chemicals they place on the market. In contrast to other suppliers, distributor (including a retailers) do not have to classify their substances and mixtures, but may take over the classification that was derived in accordance with Title II of CLP by another actor in the supply chain. Typically, the respective classification is made available on a Safety Data Sheet.

The same derogation is also granted to a downstream user as long as he does not change the composition of the substance or mixture supplied to him.

Note that distributors established within the EU who are supplied with substances or mixtures by an actor outside the EU are considered importers under CLP. This means that they have the obligation to classify these substances and mixtures and to notify the relevant substance information to the C&L Inventory.

Is an establishment which is recovering a substance obliged to classify and notify it to the Classification and Labelling Inventory?

Under CLP, recovered substances and mixtures will normally have to be treated in the same way as other substances and mixtures under CLP. This means that they have to be classified in accordance with Title II of CLP and the substances have to be notified to the C&L Inventory, unless the establishment undertaking the recovery (manufacturer of the recovered substance) has already submitted a registration under REACH and included the information necessary for a notification. If the establishment undertaking the recovery can rely on the exemption from the REACH registration provisions for recovered substances pursuant to REACH Article 2(7)(d), it would still have to notify the recovered substances to the C&L Inventory, in accordance with CLP Article 39(b) and 40.

When classifying under the CLP Regulation, the establishment undertaking the recovery may take over the classification already derived in accordance with Title II of CLP by the registrant of the same substance, if this is appropriate. When notifying in such cases to ECHA, it is recommended to retrieve the classification and labelling information provided earlier by the registrant of the original substance from ECHA's Classification & Labelling Inventory and agree to it.

Do professional and industrial end users have obligations under CLP?

No, they do not. They are considered to be end users of the substances and mixtures supplied to them as long as they do not place the substances and mixtures on the market. Examples of professional users are cleaning personnel, painters or craftsmen who use e.g. paints, lime or cleaning agents in the context of their professional activity. Industrial users may use substances or mixtures supplied to them as processing aids which are not consumed by the industrial activity, e.g. surface cleaners prior to electroplating or users of lubricants for chainsaws. Formulators of mixtures are not considered as end users, but rather as downstream users of substances and mixtures.

Professional and industrial end users are required to respect the information on the label and on the Safety Data Sheet supplied to them. Further to this, they have to comply with the downstream user obligations set out in Title V of REACH on the safe handling and use of substances and mixtures.

Note that end users established within the EU, who are supplied with substances or mixtures by an actor outside the EU, are considered to be importers under CLP. This means that they have the obligation to classify, label and package these substances and mixtures and to notify relevant substance information to the C&L Inventory.

 

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