CLP: Issues related to Annex VIII of the CLP Regulation

The European Council of Chemical Industries (Cefic) has actively participated in the discussions and developments of guidance documents, IT tools and the chemical product categorization system.

The Cefic has encountered several problems on the implementation of Annex VIII of the CLP Regulation, believes that it will be a considerable challenge to respect the timing as still many tools are not available in the final version and there are still many doubts about the development of tools.

The main problems encountered are:

• In 2017 the Commission indicated that it would conduct a feasibility study which has not yet started.
• The role of the distributor in the notification, as the Commission has indicated that it will be only the importers and downstream users who are responsible for the notification. There is no legal obligation for distributors to notify designated bodies, even when the distributor is responsible for placing on the market in a particular member state. In this case, it will be impossible to comply with the downstream notification in the new member state. These will result in non-compliance.
• IT-TOOLS: Cefic closely followed CARACAL and ECHA's board of directors on the development of the notification portal and the possibility of having a centralized database. Progress has been slow and the decision on database development is still open.
• Delay on the release of the first version of the PCN format
• Data security to be sent during notification.
• Cefic is receiving information from some Member States preparing to include national requirements. Harmonization will be completely useless if this happens.

For more information read the article published by Cefic

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