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Q Should mixtures which were already placed on the market before 1 June 2015 and are still in stock after 1 June 2015 be re-labelled according to CLP?

Before 1 June 2015, any supplier (manufacturer, importer, downstream user or distributor) was entitled to attach a DPD label (label in accordance with the Dangerous Preparations Directive (1999/45/EC) on its mixture before placing it on the market, as long as it had been classified according to the same directive. 

Alternatively, suppliers could choose to attach a CLP label instead, provided that the mixture had been classified according to CLP. 

After that date, suppliers must attach a CLP label. 

However, there is a limited derogation available where a mixture classified, labelled and packaged in line with the DPD, which has already been placed on the market before 1 June 2015 does not have to be re-labelled and re-packaged in accordance with the CLP rules before 1 June 2017 (Article 61(4) CLP)1.

Therefore, formulators or importers who have placed a mixture on the market before 1 June 2015, which is correctly labelled and packaged in accordance with the DPD, does not need to recall the mixture for re-labelling and re-packaging. This mixture can continue to be supplied further down the supply chain, without changes to its labelling and packaging, provided other actors do not change the composition of the mixture in any way. 

This implies that re-labelling due to a change of name or contact details of suppliers or language (e.g. a mixture placed on the market of a Member State before 1 June 2015 and transferred between 1 June 2015 and 1 June 2017 to the market of another Member State requiring re-labelling in the language of the other Member State) does not trigger the obligation to re-label a DPD-labelled mixture according to CLP.

This derogation might be applied, for example, to mixtures that are on the shelf in a warehouse, in a shop, or in the stocks of a formulator or importer and are in a condition which is ready to be sold or supplied. This derogation is not available to mixtures under customs supervision which fall within the scope of Article 1(2)(b)).

For the derogation to apply, suppliers should be able to show that the mixtures were already correctly packaged and labelled in accordance with DPD on 1 June 2015 and had been placed on the market before that date, e.g. when made available for a third party even though the mixtures may still be stocked in the formulator’s, importer’s or distributor’s warehouse. This could be shown, for example, by proof that on that date the mixture had been formulated, packaged and labelled and had passed a formulator’s quality control system (“cleared for sale/supply”). 

Formulators are encouraged to start re-labelling the mixtures that they already placed on the market, well before 1 June 2017 to ensure that distributors and other actors down the supply chain are not prevented from selling their stocks of DPD-labelled mixtures after 1 June 2017. Distributors and other actors down the supply chain are similarly encouraged to buy CLP-labelled products early enough to ensure that their stocks of DPD-labelled mixtures have been sold by 1 June 2017. 

Foot note 1) This derogation does not apply to liquid consumer laundry detergents in soluble packaging for single use, which had to be re-labelled in accordance with CLP since 31 December 2015, in accordance with Article 2(2) of Commission Regulation (EU) No 1297/2014.

Modified Date: 28/11/2016
Topic: CLP
Scope: Labelling
ID: 0234
Version: 2
This answer has been agreed with national helpdesks.

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