The notification required by Art. 40 CLP can be submitted to the ECHA by the following entities established in the Community (EU, EEA):
- Manufacturer
- Groups of manufacturers (e.g. the members of a substance information exchange forums SIEF)
- Importer
- Groups of importers
If a non-EU manufacturer or formulator, for confidentiality reasons, does not want to disclose the composition of its preparation to all EU-importers, then he may appoint one of the importers to notify on behalf of the group of importers (see chapter 4.2. of the practical guide 7).
A third party (based in the EU) who is not itself manufacturer or importer (e.g. the Only Representative who has already been appointed by the non-EU manufacturer for the purposes of registration under Art. 8 REACH) can likewise submit a group notification in the name of the EU-importer. However, all obligations associated with the notification remain with the importers and these must be confirmed in writing to the notifying third party. The latter must also furnish evidence that he has been mandated in the name of the importer to make the notification.
