Duties of GB-based importers and implications for downstream users and distributors
If you place substances or mixtures on the GB market by importing them into Great Britain (England, Scotland and Wales) from the EU or European Economic Area (EEA), or the rest of the world, you are an importer under the GB CLP Regulation, and you must comply with the duties of an importer.
Understanding the duties of an importer is particularly important if you are a GB-based downstream user or distributor supplied by businesses based in the EU or in EEA countries before 1 January 2021. If these supply arrangements continue after this date, you are an importer under the GB CLP Regulation, and you must comply with the duties of an importer.
Classifying and labelling substances or mixtures must be carried out by someone with the scientific competence to do so. If you do not have this competence immediately available to you, you must make alternative arrangements to ensure you can meet your duties under the GB CLP Regulation, if you want to place imported substances and mixtures on the GB market.
As an importer under the GB CLP Regulation you must:
- classify, label and package substances and mixtures according to the GB CLP Regulation before placing them on the market
- also classify substances not placed on the market that are subject to registration or notification in line with Articles 6, 9, 17 or 18 of UK REACH
- notify the classification and labelling of new substances you place on the GB market to HSE for inclusion in the GB CLP notification database established by HSE
- take all reasonable steps available to you to make yourself aware of new scientific or technical information that may affect the classification of the substances or mixtures you place on the market. When you become aware of such information which you consider to be adequate and reliable you must, without undue delay, carry out a new evaluation of the relevant classification
- update the label following any change to the classification and labelling of that substance or mixture, in certain cases without undue delay
- assemble and keep available all the information required for the purposes of classification and labelling under CLP for a period of at least 10 years after you have last supplied a substance or mixture
- submit a proposal in accordance with the new arrangements, if you have new information that may lead to a change of the existing mandatory classification and labelling elements of a substance listed in the GB mandatory classification and labelling list
Everyone in the supply chain is responsible for ensuring that substances and mixtures are labelled and packaged correctly before being placed on the market.
Guidance for downstream users under the GB CLP Regulation.