Article

REACH & CLP: C&L Notification to the ECHA C&L Inventory

Posted on: December 7, 2013

By Wolfgang Urhahn

Q: When is a C&L Notification required?

A:  C&L Notification is required for substances which are subject to Registration under REACH (placed on the EU market in a tonnage amount  >1 metric ton per year) and/or for substances which fall under the general scope of the CLP Regulation (EU GHS) that meet the criteria for classification as hazardous regardless of the tonnage amount placed on the EU market.

Q:  Are there any deadlines associated with the C&L Notification obligation?

A:  The deadline for substances on the EU market on or before December 1, 2010 was January 3, 2011. Substances placed on the EU market after December 1, 2010 require a notification within 30 calendar days of placing on the market.

 

Q:  Where can I find more detailed information regarding the C&L Notification requirement?

A:  More detailed information is available in Articles 39 and 40 of the CLP Regulation (EC) 1272/2008. The European Chemicals Agency (ECHA) provides supporting information in the C&L Inventory web section on the ECHA website.

 

Q:  Who has to notify substances to the C&L Inventory?

A:  All EU-based manufacturers and EU-based importers of record placing hazardous substances and/or substances subject to REACH on the EU market are required to prepare and submit a C&L Notification dossier to ECHA.

 

Q:  What about US-based manufacturers supplying such substances to their EU-based customers?

A: If the US-based manufacturer is not the importer of record, the obligation to notify would be with the EU-based customers who import the substances into the EU customs territory.

 

Q:  Do I have to disclose all hazardous substances to my EU-based customers?

A:  If you supply mixtures that contain hazardous substances which are not disclosed in the EU Safety Data Sheet, yes. The EU-based customers would need the chemical composition of your product (mixture) to determine their obligations regarding C&L Notification.

 

Q:  How can I avoid disclosure of the chemical composition to my customers in the EU?

A:  The alternative procedure would be the group approach. In case you have an EU-based entity or you use an Only Representative, either your own EU entity or your OR can be used for the submission of the C&L Notification. You can suggest the ‘group approach’ to your EU-based customers and request a written agreement.  After the successful submission of the required C&L Notification, you or your OR would inform your customers in writing (record keeping). By using this approach, only your own entity or your OR would have access to your full chemical compositions.

References:

Notification to the Classification & Labelling Inventory

http://www.echa.europa.eu/web/guest/support/dossier-submission-tools/reach-it/notification-to-the-cl-inventory

Q&A C&L Notification:

http://www.echa.europa.eu/qa-display/-/qadisplay/5s1R/view/clp/technicalquestionsandanswersonclnotifications

Data Submission Manual Part 12: How to prepare and submit a C&L notification using IUCLID5:

http://www.echa.europa.eu/documents/10162/13653/dsm_12_cl_en.pdf

Industry User Manual – Part 16: How to create and submit a C&L notification using the REACH-IT online tool:

http://www.echa.europa.eu/documents/10162/13654/ium16_cl_notification_en.pdf

CLP Regulation:

http://www.echa.europa.eu/web/guest/regulations/clp/legislation

See also:

REACH Essentials

REACH Practical Implementation

REACH Services

C&L Notification