Which substances have to be notified?

  • all substances subject to registration (more than 1 tonne per year and per manufacturer or importer, even substances classified as none-hazardous substances) Art. 39 (a) CLP
  • substances that are intended to be released from articles and have to be registered pursuant to Art. 7 (1) REACH
  • all substances classified as hazardous (without tonnage threshold) Art. 39 (b) CLP
  • hazardous substances in preparations that lead to the classification as hazardous (above concentration limits specified in CLP or comprising preparations-DPD 1999/45 EC)
  • polymers classified as hazardous (e.g. PVC with >0.3% Pb)
  • recovered substances classified as hazardous or subject to registration

Exemptions from the obligation to notify

Registered substances are excluded, in so far as the information required by Art. 40 CLP (Classification and Labelling pursuant to GHS) was submitted with the registration.

Within the meaning of Art. 1 (2) CLP (Purpose and Scope) and according to the FAQ of ECHA in regard to CLP, the obligation to notify does not apply to

  • radioactive substances and preparations
  • substances and preparations that are subject to customs supervision (neither treated nor processed; in temporary storage, in free zones, in free warehouses with a view to re-exportation, or in transit)
  • non-isolated intermediates
  • substances and preparations, not placed on the market, for scientific research and development
  • waste
  • pharmaceutical products, veterinary medicinal products, medical products and medicinal devices
  • cosmetics
  • foodstuffs and feedstuffs
  • articles with explosive substance
  • monomers and other substances comprised in an imported polymer
  • recovered substances that are not classified as hazardous and do not fall under the obligation to register pursuant to REACH

Re-imported substances

A re-importer exempted pursuant to Art. 2 (7) c of REACH corresponds to a downstream user according to Art. 2 (19) CLP

This has the consequence that a re-importer in the EU (e.g. client of a CH toll manufacturer) is not obliged to notify to the C&L inventory, if

  • the re-imported substance must have been registered before it was exported from the EU
  • the substance must have been re-imported within the same supply chain
  • the re-imported substance is identical to the one that was originally exported
  • the re-importer has received information in accordance with REACH Article 31 and 32

see FAQ to CLP, ECHA Homepage: "What roles and obligations do re-importers have under CLP?"

Last modification 20.02.2017

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