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The UKs withdrawal from the EU

CLP

After the end of the transition period, will my UK(Great Britain)-based company still need to classify and label our products according to the EU’s CLP Regulation?

After the end of the transition period, your company will solely be subject to the laws applying in the United Kingdom. Thus, you will no longer need to comply with the CLP Regulation.

Should your company be exporting your product to the EU/EEA, you will need to do that via an importer established in Northern Ireland or the EU/EEA, who will have an obligation to classify and label your product according to the provisions of the CLP Regulation. You will also need to keep yourself informed of any Adaptation to Technical Progress (ATP) by which the European Commission will be updating specific classification and labelling obligations.

In Northern Ireland, the CLP Regulation continues to apply after the transition period. This means that companies based in Northern Ireland need to comply with the CLP Regulation. Please refer to Q&A 1701 for further details.

Will my UK(Great Britain)-based company still be obliged to apply the harmonised classification for substances as listed in Annex VI to the CLP Regulation?

After the end of the transition period, you will no longer be subject to the provisions of the CLP Regulation.

In Northern Ireland, the CLP Regulation continues to apply after the transition period. This means that companies based in Northern Ireland need to comply with the CLP Regulation. Please refer to Q&A 1701 for further details.

Will my UK(Great Britain)-based company still be obliged to seek agreement on the classification of the substances we manufacture in alignment with manufacturers and importers of the same substance within the EU/EEA?

After the end of the transition period, you will no longer be subject to the provisions of the CLP Regulation and thus will no longer have such an obligation.

In Northern Ireland, the CLP Regulation continues to apply after the transition period. This means that companies based in Northern Ireland need to comply with the CLP Regulation. Please refer to Q&A 1701 for further details.

Will my UK(Great Britain)-based company still be obliged to notify the classification of substances in the C&L Inventory?

After the end of the transition period, this obligation will no longer apply to you. If you export substances into the EU/EEA, your EU/EEA-based importer will instead have the obligation to submit the C&L notifications to ECHA. This applies to substances exported as such or in mixtures above the concentration limits triggering classification. Furthermore, the packaging and labelling of any mixture that you export to the EU will need to comply with the provisions of the CLP Regulation. 

In Northern Ireland, the CLP Regulation continues to apply after the transition period. This means that companies based in Northern Ireland need to comply with the CLP Regulation. Please refer to Q&A 1701 for further details.

How will the information that my UK(Great Britain)-based company notified to ECHA be used after the end of the transition period?

The information will remain available under the conditions of the legal notice that ECHA has published along with the inventory. Until the end of the transition period you can still update your notification. You can also mark the notification inactive by indicating ‘cease manufacture’. After the end of the transition period, you will no longer have access to this functionality through your REACH-IT account.

In Northern Ireland, the CLP Regulation continues to apply after the transition period. This therefore means no changes for Northern Ireland-based companies. Please refer to Q&A 1701 for further details.

When exporting to the UK(Great Britain), will my EU/EEA-based company still need to include in the labels of our products the pictograms and other label elements that the CLP Regulation prescribes?

The label elements that are based on the United Nations’ Global Harmonised System (GHS) will remain obligatory as the UK(Great Britain) will still implement the GHS. Thus, for example, the pictograms will be valid within the UK(Great Britain).

When our EU/EEA-based company exports to the UK(Great Britain), will the labels affixed to our products still need to be in the English language as required by the CLP Regulation?

After the end of the transition period, the legal language requirements will depend on the future UK legislation. In practice, it is safe to assume a need to continue labelling your product in the English language as the official language of the UK, based on the information and the format prescribed by the CLP Regulation.

How can my UK(Great Britain)-based company transfer C&L notifications to an EU/EEA-based legal entity?

If you are a UK(Great Britain)-based importer or manufacturer and are transferring your activities to the EU/EEA, you can transfer the C&L notification to your legal successor using the legal entity change (LEC) module in REACH-IT. If you, as the initiating legal entity, have various assets on your account (REACH registration, pre-registration, CLP notification, etc.; this will not include PCN notifications), you can transfer all the assets as one package, as long as the legal successor is the same legal entity for all assets. The LEC successor will be able to verify the content of the package before accepting the transfer. Transferring only a classification and labelling notification does not incur a fee.

If you are a UK(Great Britain)-based manufacturer, and intend to appoint an OR, you cannot transfer the C&L notification to the OR. In light of this constraint, you have two options: either each of the EU/EEA-based importers of your substance submits their own notification, or your newly appointed OR submits a new group notification, where the importers are members of the group. Note that a notification cannot be transferred directly to an OR because the CLP Regulation does not include the concept of OR. Hence, an OR cannot submit a notification. It has only separately been agreed that an OR can submit a notification on behalf of a group.

If at present you are the group leader in a group notification, you can transfer the lead role to another member of the group, as explained in Q&A 0203.

The transfer of UK(Great Britain)-based notifications to EU/EEA legal entities can take place at any point in time, prior to the end of the transition period. Subsequently, the status of assets that have not been transferred to an EU/EEA legal entity by that date, and remain in the REACH-IT account of a UK legal entity, will be marked as 'void'.

In Northern Ireland, the CLP Regulation continues to apply after the transition period. This means that C&L notification holders can continue to be based in Northern Ireland. Please refer to Q&A 1701.

I am an EU/EEA-based company importing mixtures from the UK (Great Britain) supplier. Do I have obligations under Article 45 and Annex VIII (poison centre notifications)? Can I consider my obligations fulfilled by a notification already submitted by my UK supplier?

From 1 January 2021, EU/EEA companies importing hazardous mixtures from the UK (Great Britain) will potentially become duty holders under Article 45. Therefore, if you place hazardous mixtures covered by the scope of Article 45 on the EU/EEA market that are supplied by a UK(GB) company you will have the obligation to notify to the relevant appointed body(ies) and include the UFI on the label before placing the mixture on the EU/EEA market. Please note that import is considered as placing on the market. More information about which mixtures are in the scope of Article 45 is available on the Guidance on Annex VIII

A notification already made by your UK(GB) supplier before the end of the transition period will not relieve you from your obligations. Each duty holder is required to submit the information according to Annex VIII individually. This is not the case if your supplier is located in NI, where the CLP still applies (see Q&As on IE/NI Protocol). In this case, if you only act as distributor of the mixture, you do not have direct obligations under Article 45 (please, see the Guidance on Annex VIII for more information on roles and obligations).

Can I transfer my poison centres notifications to an EU/EEA-based legal entity?
No, such functionality does not exist for poison centre notifications. In case of a change of legal entity, the new legal entity needs to submit a new poison centre notification.
What will happen after the UK withdrawal, to the Annex VIII data submitted via the ECHA Submission portal by UK-based companies before 1 January 2021?

Annex VIII data submitted before 1 January 2021 via the Submission portal, will remain in the data base and will not be deleted. These will be available for the relevant appointed bodies of the EU/EEA Member States once they get access to the PCN service.

UK authorities will not get access to the database. Therefore, any notification to the UK should be made through their national notification channels.

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