Duties of a GB-based downstream user
Understanding the duties of an importer is particularly important if you are a downstream user based in Great Britain (England, Scotland and Wales) 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. Please refer to the guidance on duties of GB-based importers.
You are a downstream user under the GB CLP Regulation if you use a substance, either on its own or in a mixture, in the course of your industrial or professional activities that was supplied from within Great Britain or that are Qualifying NI Goods supplied directly from Northern Ireland.
You are a GB downstream user if you are:
- a formulator of mixtures, you use substances and mixtures supplied to you for the formulation of other products that you place on the market, such as adhesives, cleaning products, paints, motor oils
- a re-filler who is transferring substances or mixtures supplied to him from one container of packaging into another
- a re-importer who benefits from the exemption from registration under UK REACH
so you must:
- classify, label and package substances and mixtures according to the GB CLP Regulation before placing them on the market. However, you may also use the classification for a substance or mixture already derived in accordance with the GB CLP Regulation by another actor in the GB supply chain, provided you do not change the composition of this substance or mixture
- classify in line with the GB CLP Regulation if you change the composition of the substance or mixture you place on the market
- 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 the GB CLP Regulation 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
National Poisons Information Service
As a downstream user under the GB CLP Regulation, you should (this is voluntary) submit safety data sheet information to the National Poisons Information Service (NPIS).
This means you should make sure you understand what your duties are under the GB CLP Regulation and check that your substances and mixtures are correctly classified, that your labels are accurate and that the chemicals are packaged appropriately before you place them on the GB market.
Everyone in the supply chain is responsible for ensuring that substances and mixtures are labelled and packaged correctly before being placed on the market.