The different roles in the supply chain
A supplier can be a manufacturer, importer, downstream user, distributor, wholesaler, retailer etc. The CLP Regulation defines the different ‘actors’/ roles in the supply. It is important that you understand the role you play in your own supply chain as the duties between the actors can differ.
Do you make chemicals (manufacturer)?
A manufacturer is a person based in the European Union (EU) (or the European Economic Area (EEA)) that makes (produces) or extracts a substance.
If you are a manufacturer, you must classify, label and package substances and mixtures according to CLP before placing them on the market.
In addition, you need to notify the CLP classifications of your substances to the Classification and Labelling Inventory established at the European Chemicals Agency (ECHA).
This means you should:
- make sure you understand what your duties are under the new CLP Regulation
- make sure you understand the transitional periods to ensure that you re-classify, label and package on time
- co-operate with others in your supply chain, to make sure the changes are managed smoothly
- check that your chemicals are correctly classified and that your product labels are accurate
All those in the supply chain are responsible for ensuring that substances and mixtures are labelled and packaged correctly before being placed on the market.
Do you import chemicals?
If you place chemical substances and mixtures on the Community market by importing them into EU territory (e.g. the UK), you are considered as an importer under the CLP Regulation. As an importer, you need to classify, label and package the chemical substances and mixtures that you import in line with the CLP Regulation.
In addition, you need to notify the CLP classifications of your substances to the Classification and Labelling Inventory established at the European Chemicals Agency (ECHA).
This means you should:
- make sure you understand what your duties are under the new CLP Regulation
- make sure you understand the transitional periods to ensure that you re-classify, label and package on time
- co-operate with others in your supply chain, to make sure the changes are managed smoothly
- check that your chemicals are correctly classified and that your product labels are accurate
All those in the supply chain are responsible for ensuring that substances and mixtures are labelled and packaged correctly before being placed on the market.
Do you use chemicals (downstream user)?
As a downstream user, you need to classify, label and package the chemical substances and mixtures that you place on the market in EU countries, in line with the CLP Regulation on classification, labelling and packaging (CLP).
You are a downstream user under CLP if you use a substance, either on its own or in a mixture, in the course of your industrial or professional activities. For example, you are:
- a formulator of mixtures, i.e. you use substances and mixtures supplied to you for the formulation of other products that you place on the market, e.g. adhesives, cleaning products, paints, motor oils
- a re-filler who is transferring substances or mixtures supplied to him from one container of packaging into anothe;
- a re-importer who benefits from the exemption from registration under the REACH Regulation
This means you should:
- make sure you understand what your duties are under the new CLP Regulation
- make sure you understand the transitional periods to ensure that you re-classify, label and package on time
- co-operate with others in your supply chain, to make sure the changes are managed smoothly
- check that your chemicals are correctly classified and that your product labels are accurate
All those in the supply chain are responsible for ensuring that substances and mixtures are labelled and packaged correctly before being placed on the market.
Do you distribute or store chemicals?
If you sell or distribute chemicals (e.g. retailers), your duties may be more limited than those of manufacturers, importers, and downstream users. If you only store and sell on the chemical to third parties (e.g. consumers) then you can rely on the classification and labelling information that has been provided to you by those further up the supply chain (i.e. from the manufacturer or the importer). This is a refinement over the previous system (CHIP), where distributors and retailers etc. chain had the same level of duty to classify as upstream actors.
Distributors etc. should nevertheless ensure that you understand the changes made by CLP.
If you alter the chemical in any way (e.g. re-formulate) before placing it on the market, you will then take on the role of a downstream user and you will be responsible for classifying, labelling and packaging that chemical.
All those in the supply chain are responsible for ensuring that substances and mixtures are labelled and packaged correctly before being placed on the market.
Notification to the Classification and Labelling Inventory
The CLP Regulation introduces the Classification and Labelling Inventory. The Inventory provides information about all the substances placed on the market.
CLP introduces a new duty on any manufacturer or importer (or group thereof) to notify details of the substances they place on the market to the Inventory.
If you are a manufacturer or an importer (or group thereof) you must notify:
- substances subject to REACH registration and placed on the market
- hazardous substances placed on the market on their own
- hazardous substances placed on the market in a mixture, resulting in that mixture being classified as hazardous
Notification can be made through a number of different IT systems. ECHA has responsibility for notification and the supporting IT systems. For more information, please see the following link:
Consumers
Occupational use
If you use chemicals at work, you should:
- look out for the changes and check that you are doing what is needed to use the chemical safely - if you are an employer, alert your employees to these changes too
- speak to your chemical suppliers if you have any questions or if you don’t understand the changes that have been made
- if you are an employer, provide your employees with adequate information, instruction and training
- follow the advice provided on the new labels and, where appropriate, in Safety Data Sheets
Remember that other laws apply when using chemicals at work to ensure the protection of workers. Some of these workers may be especially vulnerable, for example, young people or pregnant/breast-feeding mothers.
Advice on consumer protection is available from
Although written for manufacturers, the BIS guidance document on Product Safety for Manufacturers contains lots of useful information:
The Office of Fair Trading also provides advice on the Sale of Goods Act:
If you need more advice, you should contact your local trading standards office.
Small and medium sized enterprises (SME)
The CLP Regulation, in common with REACH, the PIC Regulation and other chemical legislation, is designed with the main aim to protect human health and the environment from harmful chemicals. It does not provide exemptions for specific types or sizes of company from these general duties.
As a result, the CLP Regulation applies to SMEs in full.
Those who supply hazardous chemicals must classify, label and package those chemicals correctly before they are placed on the market. If you are a manufacturer or an importer, you will also need to notify the substance you place on the market to the Classification and Labelling Inventory:
Trading Support Service
If you move goods between Great Britain and Northern Ireland the Trader Support Service will guide you through any changes due to the implementation of the Northern Ireland Protocol: