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REACH and CLP Comparison between EU and UK

REACH and CLP Comparison between EU and UK

REACH regulations EU and UK comparison

Requirement EU Requirements UK Requirements
Regulation Regulation (EC) No 1907/2006 (the “EU REACH Regulation”) The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019/758 and other statutory instruments.
Applicability It deals with the registration, evaluation, authorisation and restriction of chemical substances. Under the EU REACH regulation, manufacturers and importers are generally required to collect information on the properties of chemical substances present in their products, which could be subject to registration, authorisation, restrictions or information provision requirements. In addition, distributors can also be subject to REACH restrictions and information provision requirements.

From 1 January 2021, an amended version of the EU REACH Regulation applies to chemicals as a result of the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019/758 and other statutory instruments (the “UK REACH Regime”). Different rules apply to goods you sell in:

1. Great Britain (England, Scotland and Wales)

2. Northern Ireland

Responsibility It is your responsibility to comply with the EU REACH Regulation and the EU CLP Regulation. You must also comply with other national requirements in relevant countries. It is your responsibility to comply with the UK requirements if you sell products containing relevant chemicals in the UK. If you also sell products containing relevant chemicals on Amazon EU website(s), then you must also comply with the EU Reach Regulation, the EU CLP, and with other national requirements in the relevant countries.
Authorisation

(Annex XIV)

Particularly hazardous chemical substances cannot be used in the EEA unless they have been authorized for that particular use. These chemical substances are listed in Annex XIV of the EU REACH Regulation. They are also added to REACH’s Annex XIV Authorisation List, which is available on the European Chemicals Agency (ECHA) website

Particularly hazardous chemical substances cannot be used in GB unless they have been authorized for that particular use. These chemical substances are listed in Annex XIV of the EU REACH Regulation (as retained/amended by the UK REACH Regime).
Restriction

(Annex XVII)

Use of certain hazardous chemical substances is restricted, including limits or banning the manufacture, sale or use in the EEA. This includes restrictions for use as a substance, in mixtures and articles. A complete list of restrictions can be found in Annex XVII of the EU REACH Regulation and is available on the European Chemicals Agency (ECHA) website.

Use of certain hazardous chemical substances is restricted, including limits or banning the manufacture, sale or use in GB. This includes restrictions for use as a substance, in mixtures and articles. A complete list of restrictions can be found in Annex XVII of the EU REACH Regulation (as retained/amended by the UK REACH Regime).
Registration Manufacturers and importers are generally responsible for the registration of the substances they manufacture or import above a certain threshold (1000 kg per year). The registration includes collecting information on the properties and uses of the substance to be registered. Manufacturers and importers are generally responsible for the registration of the substances they manufacture or import above a certain threshold (1000 kg per year). The registration includes collecting information on the properties and uses of the substance to be registered. From 1 January 2021, manufacturers and importers are required to register new chemicals with the Health and Safety Executive.
Provision of Information Manufacturers, importers and distributors are all generally responsible for communicating information about hazardous products up and down the supply chain in certain situations, which may include the provision of a Safety Data Sheet (SDS) for certain hazardous substances and mixtures. Manufacturers, importers and distributors are all generally responsible for communicating information about hazardous products up and down the supply chain in certain situations, which may include the provision of a Safety Data Sheet (SDS) for certain hazardous substances and mixtures.
Substance of Very High Concern (SVHC) Any presence of Substance of Very High Concern (SVHC) (also known as “candidate list” substance) in an article in a concentration above 0.1% by weight must be actively communicated to the downstream user of the product. The communication must include safe use information for the article, with as a minimum, the name of the particular SVHC. Where the recipient of the article is a final consumer, this safe use information only needs to be provided upon request (within 45 days and free of charge). Any presence of Substance of Very High Concern (SVHC) (also known as “candidate list” substance) in an article in a concentration above 0.1% by weight must be actively communicated to the downstream user of the product. The communication must include safe use information for the article, with as a minimum, the name of the particular SVHC. Where the recipient of the article is a final consumer, this safe use information only needs to be provided upon request (within 45 days and free of charge).
Product information It is your responsibility to provide accurate and complete product information about REACH-regulated products. If the products are regulated under the EU REACH Regulation, you must verify that products are eligible for sale in the EEA and provide us with the most up-to-date SDS. It is your responsibility to provide accurate and complete product information about REACH-regulated products. If the products are regulated under the UK REACH Regime, you must verify that the products are eligible for sale in the UK and provide us with the most up-to-date SDS.
Professional Use Only Chemicals Amazon does not allow the sale of professional use only chemicals. Check with the manufacturer/SDS or product label to see if your product is professional use only. In the event that chemicals for professional use only are received at an Amazon Fulfilment Centre (FC), Amazon may, at your cost and without compensation, dispose of the units. Amazon does not allow the sale of professional use only chemicals. Check with the manufacturer/SDS or product label to see if your product is professional use only. In the event that chemicals for professional use only are received at an Amazon Fulfilment Centre (FC), Amazon may, at your cost and without compensation, dispose of the units.

CLP regulations EU & UK comparison

Requirement EU CLP UK CLP
Applicability Regulation applies to all substances and mixtures imported, manufactured, or placed on the market within the EEA, unless otherwise exempted Regulation applies to all substances and mixtures imported, manufactured, or sold in the UK, unless otherwise exempted
Exemption

There are certain exemptions to the regulation for the following materials in their finished state only and intended for the final user:


  1. Articles (including products with non-accessible hazardous chemical substances and mixtures, such as, batteries)
  2. Food and feeding stuffs
  3. Cosmetics
  4. Medical devices (human)
  5. Medicinal products (human and veterinary)

There are certain exemptions to the regulation for the following materials in their finished state only:


  1. Articles (including products with non-accessible hazardous chemical substances and mixtures, such as, batteries)
  2. Food and feeding stuffs
  3. Cosmetics
  4. Medical devices (human)
  5. Medicinal products (human and veterinary)
Articles You may use substances or mixtures to produce things that have a special shape, surface or design. When the special shape, surface or design determines the function to a greater degree than the chemical composition, these are called “articles” under the legislation. You may use substances or mixtures to produce things that have a special shape, surface or design. When the special shape, surface or design determines the function to a greater degree than the chemical composition, these are called “articles” under the legislation.
CLP applicability to articles

The EU CLP Regulation does not apply to most articles (except: (1) explosive articles (as described in section 2.1 of Annex I); or (2) where the substances contained in the article need to be registered or notified under Articles 7 or 9 of the EU Reach Regulation).

Example of article: bicycles, guitars, batteries, T-shirts, and CDs

The UK CLP Regime does not apply to most articles (except: (1) explosive articles (as described in section 2.1 of Annex I); or (2) where the substances contained in the article need to be registered or notified under Articles 7 or 9 of the EU Reach Regulation as retained/amended by the UK REACH/CLP Regime).

Example of article: bicycles, guitars, batteries, T-shirts, and CDs.

Special packaging rules It is the Seller’s responsibility to comply with the special packaging rules in the EU CLP regulation for tactile warnings and child-resistant fastenings for all applicable products. It is the Seller’s responsibility to comply with the special packaging rules in the UK CLP Regime for tactile warnings and child-resistant fastenings for all applicable products.
Product listing
  1. Determine if the EU CLP Regulation applies to the product. This may be verified by contacting the manufacturer or checking the product labelling.
  2. If the products are regulated under EU CLP Regulation, verify that the products are eligible for sale on Amazon and, if you want to list them, provide us with the most updated SDS when setting up a new item.
  3. Provide us with high-quality pictures of the product clearly showing all applicable warnings.

  1. Determine if the UK CLP Regime applies to the product. This may be verified by contacting the manufacturer or checking the product labelling.
  2. If the products are regulated under the UK CLP Regime, verify that the products are eligible for sale on Amazon and, if you want to list them, provide us with the most updated SDS when setting up a new item.
  3. Provide us with high-quality pictures of your product clearly showing all applicable warnings.
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