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CLP

ECHA notification of classification and labelling of substance

One of the obligations of producers/importers under CLP regulation is the notification of classification and labelling of a substance to ECHA (article 40 of CLP regulation). 

You have to notify a substance to the Classification and Labelling Inventory in cases where you:

  • Manufacture the substance and it is subject to registration under the REACH Regulation,
  • Import the substance and it is subject to registration under the REACH Regulation;
  • Manufacture and place on the market the substance and it is classified as hazardous, irrespective of the quantity;
  • Import the substance and it is classified as hazardous, irrespective of the quantity;
  • Import a mixture which contains the substance that is classified as hazardous and is present above the relevant concentration limit, which results in the classification of the mixture as hazardous according to the CLP Regulation;
  • Import an article containing substances which are subject to registration under Article 7 of the REACH Regulation.

Substances placed on the market before 1 December 2010 may be notified before that date.
Substances placed on the market on or after 1 December 2010 shall be notified within one month after their placing on the market.

The notification to the ECHA should included the following information: 

  • name and contact details of the notifier,
  • identity of the substance (as specified in section 2.1 to 2.3.4 to Annex VI to Regulation (EC) No 1907/2006), including name and other identifiers, information related to molecular and structural formula, composition, nature and amount of additives,
  • classification of the substance according to the CLP criteria;
  • reason for "no classification" in case the substance is classified in some but not all hazard classes or differentiations indicating whether this is due to:
  1. lack of data,
  2. inconclusive data,
  3. data which is conclusive for non-classification.
  • specific concentration limits or M-factors, where relevant, including a justification for setting them,
  • label elements, including hazard pictograms, signal words, hazard statements and any supplemental hazard statements. On the basis of the above mentioned information ECHA shall establish and maintain a classification and labelling inventory in the form of a database. The information notified according to Article 40(1) of CLP regulation shall be included in the inventory, as well as information submitted as part of registrations under Regulation (EC) No 1907/2006. In addition to the information mentioned above, the Agency (ECHA), where applicable, include the following information in each entry:
  1. whether, in respect of the entry, there is harmonised classification and labelling at Community level by inclusion in Part 3 of Annex VI,
  2. whether, in respect of the entry, it is a joint entry between registrants of the same substance as referred to in Article 11(1) of Regulation (EC) No 1907/2006,
  3. whether it is an agreed entry of two or more notifiers or registrants in accordance with Article 41,
  4. whether the entry differs from another entry on the inventory for the same substance.
 

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