ECHA

Suppliers who are concerned about disclosing the full composition of a mixture, on the label or in the safety data sheet, can request the use of an alternative chemical name for a substance to protect the confidential nature of their business, and in particular, their intellectual property rights.

Until 1 June 2015, suppliers should submit their requests to ECHA or to a Competent Authority depending on whether the mixture is classified and labelled according to CLP or the previous legislation (Dangerous Preparations Directive).

Requests according to CLP

Requests that follow the classification criteria of CLP should be submitted to ECHA, not to a Competent Authority. Any requests for alternative chemical names approved by ECHA will be valid in all EU member states. This alternative chemical name can be used on the label and in the safety data sheet of the mixture instead of the substance name.

An alternative chemical name can only be approved in these cases:

• When the substance does not have a Community workplace exposure limit.
• The use of the alternative name meets the need to provide enough information to take necessary health and safety precautions at the workplace and that the risks from handling the mixture can be controlled.
• The substance is classified only in certain hazard classes.

Requests for use of an alternative chemical name according to CLP are subject to a fee. In general, the fee depends on the company size and number of mixtures in a request.

Legal reference

(CLP, Article 24 and Annex I, 1.4.1)

Requests according to Dangerous Preparations Directive

Requests that follow the classification criteria of Dangerous Preparations Directive (DPD) should be submitted to the Competent Authority in one of the EU Member States where the mixture is placed on the market. If the alternative name is approved by the Competent Authority before 1 June 2015, it can be used in the mixtures specified in the approval also after 1 June 2015.