The UKs withdrawal from the EU


I am an EU/EEA-based company importing mixtures from the United Kingdom 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 United Kingdom supplier?

From 1 January 2021, EU/EEA companies importing hazardous mixtures from the United Kingdom, except from Northern Ireland, have 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 United Kingdom company you 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 United Kingdom supplier before the end of the transition period does 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 Northern Ireland, where the CLP still applies (see Q&A 1701). 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).

Northern Ireland Protocol

Do the obligations to notify hazardous mixtures according to Article 45 and Annex VIII of CLP (poison centres notifications) apply to downstream users and importers based in Northern Ireland?

Yes, if they intend to place those mixtures on the EU/EEA market, or Northern Ireland. CLP applies to and in the United Kingdom in respect of Northern Ireland.

Companies established in Northern Ireland can use the ECHA Submission portal to notify mixtures to be placed on the EU/EEA market. However, when placing mixtures on the Northern Ireland market the United Kingdom national system has to be used instead.

CLP does not apply in other parts of the United Kingdom. Therefore, the obligations under Article 45 and Annex VIII do not apply to companies based in Northern Ireland if they intend to place a hazardous mixture on the market of the United Kingdom, except for Northern Ireland.