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The UKs withdrawal from the EU

CLP

After the UK’s withdrawal from the EU, will my UK-based company still need to classify and label our products according to the EU’s CLP Regulation?

As from the date of the UK’s withdrawal, 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. However, its provisions may continue to remain valid within the UK on the basis of the Repeal Bill, which will – at least temporarily – convert existing EU law directly into the UK legal system.

Should your company be exporting your product to the EU-27, you will need 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.

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

As from the date of the UK’s withdrawal from the EU, you will no longer be subject to the provisions of the CLP Regulation.

Will my UK-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-27?

As from the date of the UK’s withdrawal from the EU, you will no longer be subject to the provisions of the CLP Regulation and thus will no longer have such an obligation.

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

No, you will not. If you export substances into the EU, your EU-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.

How will the information that my UK-based company notified to ECHA be used after the UK withdrawal?

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

When exporting to the UK, will my EU-27-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 will still implement the GHS. Thus, for example, the pictograms will be valid within the UK.

When our EU-27-based company exports to the UK, will the labels affixed to our products still need to be in the English language as required by the CLP Regulation?

After the UKs’ withdrawal from the EU, 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 de-facto official language of the UK, based on the information and the format prescribed by the CLP Regulation.

How will the harmonised classification procedure be followed if the date of the UK’s withdrawal from the EU precedes a decision on a proposal submitted by the UK for harmonisation?

Depending on the timing and the terms of the UK withdrawal, the continuation and outcome of the harmonised classification procedure may vary.

How can my UK-based company transfer C&L notifications to an EU-based legal entity?

If you are a UK-based importer or manufacturer and are transferring your activities to the EU-27/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.), 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-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-27-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 ID 0203.

The transfer of UK-based notifications to EU27/EEA legal entities can take place at any point in time, prior to the withdrawal date of the UK from the European Union. Subsequently, the status of assets that have not been transferred to an EU27/EEA legal entity by the date of the withdrawal and remain in the REACH-IT account of a UK legal entity will be marked as 'void'.

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