The Classification and Labelling (C&L) Inventory was first introduced in 2006 by the REACH Regulation, with the intention to provide a central source of information on the classification and labelling of chemicals. In 2008, the provisions for the Inventory were moved to the new CLP Regulations, however the requirements remain unchanged. The first publicly available version of the C&L Inventory is expected to be made available in spring/summer 2011, and will provide much easier access to information on the classification and labelling of substances. The following information is expected to be included:

• Substance name
• Classification and labelling
• Any relevant specific concentration limit or M-factor
• If it is a harmonised classification
• If it is an agreed entry between manufacturers or importers

The identities of the notifying companies will not be included.

This information will be of great interest to downstream users and other interested parties. One of the expected consequences of publishing the C&L Inventory is that it will put pressure on Manufacturers and Importers to work more closely together to agree, whenever possible, a single classification for a substance. Where a single classification has not been agreed, then customers will be asking their suppliers for an explanation.  Of course in some cases, different classifications will be justified, for example where an impurity or a stabilizer affects the classification, or where different physical forms of the substance have an effect on the properties of the substance.

What needs to be notified?

Notification is required for:

• All substances subject to REACH Registration, whether they are hazardous or not. This includes isolated intermediates. Substances contained in articles and subject to registration under REACH Article 7 also need to be notified

• Hazardous substances which are placed on the market, in quantities of less than 1 tonne per year. There is no minimum quantity threshold for notification, so notification will be required even if only a few grams are supplied.

• Hazardous substances present in mixtures placed on the market, where the amount of the hazardous substance in the mixture is above the concentration limits specified in either CLP or the Dangerous Preparations Directive (CHIP in the UK) and which results in the classification of the mixture as hazardous. A useful table of these concentration limits is provided at the end of Practical Guide 7: How to notify substances to the classification and labelling inventory. Importers of mixtures which are classified as hazardous will therefore need to obtain sufficient information from their suppliers to understand which components of the mixture are hazardous and above the relevant concentration limits.

Placing on the market is defined as making a substance available either commercially or free of charge. For Importers, introducing a substance into the territory of the EU is also considered placing on the market, so notification is required even if the substance is imported for their own use.

Where a substance has been given a harmonised classification (i.e. in Annex VI of CLP), companies are still required to submit a notification for that substance, however, in this case the task is simplified as they must use the harmonised classification. Companies may however, identify additional hazards for a harmonised substance that has not been covered by the harmonised classification.

Notification is not required if the substance has already been registered, and the registration dossier includes the classification according to both the DSD and CLP. Where a NONS dossier has been transferred into REACH then the registrant will need to update their dossier with the CLP classification as soon as possible. Where a NONS dossier has not been transferred into REACH, e.g. because the tonnage is less that 1 tonne per year, then a notification will still be required.

Substances in the finished state and intended for the final user or for uses for which there is specific legislation in place, e.g. radioactive materials, medicinal products, cosmetic products and food and feeding stuffs are exempted from the requirement to notify.

Substances for R&D may also be exempted provided they are not placed on the market and are used under controlled conditions in accordance with Community workplace and environmental legislation. Companies wishing to take advantage of this exemption need to take care however with the definition of not placing on the market. Transfer of the substance between two different laboratories in a company is considered to be placing on the market if the two laboratories are part of different legal entities.