Page 9 - SAEOPA CLP Guidelines

3.2 Exemptions
The following substances and mixtures are exempt from the requirements of CLP:
• radioactive substances and mixtures (Directive 96/29/ Euroatom20);
• substances and mixtures which are subject to customs supervision, provided that they do not undergo any treatment or processing, and which are in temporary storage, or in a free zone or free warehouse with a view to re-exportation, or in transit
• non-isolated intermediates
• substances and mixtures used in scientific experi- mentation, analysis or chemical research, provided they are not placed on the market, and they are used under controlled conditions in accordance with EU workplace and environmental legislation
• waste, as defined in Directive 2006/12/EC21
• certain substances or mixtures in the finished state, intended for the final user:
- medicinal products, as defined in Directive 2001/83/ EC22,
3.3 Roles and obligations under CLP
The responsibility for fulfilling the requirements of CLP lies with manufacturers and importers in the European Union.
South African exporters have no direct responsibilities under CLP. They may be requested to provide information to their
- veterinary medicinal products, as defined in Directive 2001/82/EC23,
- cosmetic products, as defined in Directive 76/768/ EEC24,
- medical devices as defined in Directive 90/385/ EEC25 (active implantable medical devices) and 93/42/EEC26 (medical devices in general), which are invasive or used in direct physical contact with the human body, and in vitro diagnostic medical devices (Directive 98/79/EC27), and
- food or feeding stuffs as defined in Regulation 178/2002, including when they are used as food additives within the scope of Directive 89/107/EEC29, as a flavouring in foodstuffs within the scope of Directive 88/388/EEC and Decision. See Glossary for more details.
All other substances and mixtures (including essential oils and vegetable oils sold as ingredients, not in the finished state for the final user), are not exempt. A European importer of essential oils and vegetable oils who buys them as ingredients would have to classify them according to CLP.
EU customers (the importer). South African manufacturers would have responsibilities under South African GHS legislation.
3.4 Obligations of the EU manufacturer or importer
EU manufacturers and importers must classify, label and package substances and mixtures according to the CLP Regulation before placing them on the market.
They also must notify the classification (C) and labelling (L) to the C&L inventory. They also have to make sure that the safety data sheets reflect this information.
The C&L Inventory is publicly accessible via ECHA at the following link:
https://www.echa.europa.eu/information-on- chemicals/cl-inventory-database
There are currently nearly 55,000 entries on the C&L inventory. It includes both notified and registered (via REACH) substances
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