The new version of the Guidance on notification of mixtures according to Article 45 of CLP Regulation has published with a Note to the reader in which the Chemical Agency announces that some Member States disagree with the Guidance.
- Belgium, France, Greece, Germany disagree with the guidance because relabellers and rebrandes are considered in the guidance (like the other documents of the Agency) distributors and not downstream users.
- Sweden doesn’t consider that article 4(10) of the CLP poses legal obligations on distribution of chemical mixtures as described in the guidance
- Portugal and Denmark abstained from a decision
The issue of this discussion is on the distributor roles and duties according to Article 45 of CLP Regulation and The Annex VIII.
According to the Guidance, the distributors have to comply with the article 4(10) of CLP Regulation “Substances and mixtures shall not be placed on the market unless they comply with this Regulation.”
They have to consider all the supply chain before placing mixture in the market and verify if all the products are covered by a submission according to Art. 45 of CLP.
If a distributor has the knowledge that certain information is not included in the original notification because it is not known to the original notifier, he has the duty to make sure that this information becomes available to the appointed body.
This can be done either by informing the upstream notifier or by making a notification themselves.
The member states above don’t agree with this interpretation; ECHA recommends the companies to contact helpdesk for further information.
Font by: ECHA