COMMISSION DELEGATED REGULATION (EU) 2020/11 of 29 October 2019 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as regards information relating to emergency health response
Importers and downstream users placing on the market mixtures for consumer use, within the meaning of Section 2.4 of Part A of this Annex, shall comply with this Annex from
1 January 2021.
Importers and downstream users placing on the market mixtures for professional use, within the meaning of Section 2.4 of Part A of this Annex, shall comply with this Annex from
1 January 2021.
Importers and downstream users placing on the market mixtures for industrial use within the meaning of Section 2.4 of Part A of this Annex, shall comply with this Annex from
1 January 2024.
Importers and downstream users having submitted information relating to hazardous mixtures to a body appointed in accordance with Article 45(1) before the dates of applicability mentioned in Sections 1.1, 1.2 and 1.3 and which are not in accordance with this Annex, shall for those mixtures not be required to comply with this Annex until 1 January 2025.
By way of derogation from Section 1.4, if one of the changes described in Section 4.1 of Part B of this Annex occurs before 1 January 2025, importers and downstream users shall comply with this Annex before placing that mixture, as changed, on the market.
UFI Codes
A new label element will appear on product labels from 2021 – a 16-character code called the unique formula identifier (UFI).
By 2025, the UFI will be mandatory on the label of all products classified for health or physical hazards. Importers and downstream users placing such products on the market, will have to provide specific product information, including the UFI, to poison centres.
Tools and support to generate the UFI are available on ECHA’s Poison Centres website.
The acronym ‘UFI’ (the same in all EU languages and alphabets, and not to be translated) must be in capital letters and be followed by a 16-character alphanumeric code. The code is divided into four blocks, each separated by a hyphen. While no specific requirements have been set, for instance, for font type or size, the UFI has to be clearly visible and legible on the label of the product.
Given the variation in label sizes, and other labelling requirements competing for label space, the UFI should be positioned so that it is easy to locate (e.g. near the barcode or hazard pictograms). In essence, you must determine how the UFI is displayed on the product in the most effective manner to assist with its communication to poison centres.
Helsinki, 16 January 2020 – ECHA has added three new substances to the Candidate List due to their toxicity to reproduction and a fourth due to a combination of other properties of concern. This latter causes probable serious effects to human health and the environment, giving rise to an equivalent level of concern to carcinogenic, mutagenic and reprotoxic (CMR), persistent, bioaccumulative and toxic (PBT) and very persistent and very bioaccumulative (vPvB) substances. The decision to include perfluorobutane sulfonic acid (PFBS) and its salts, was taken with the involvement of the Member State Committee (MSC).
Background
The Candidate List is a list of substances that may have serious effects on human health or the environment. Substances on the Candidate List are also known as substances of very high concern and are candidates for eventual inclusion in the Authorisation List. Once they are on the Authorisation List, industry will need to apply for permission to continue using the substance after the sunset date.
Companies may have legal obligations resulting from the inclusion of the substance in the Candidate List. These obligations may apply to the listed substance on its own, in mixtures or in articles. In particular, any supplier of articles containing a Candidate List substance above a concentration of 0.1 % (weight by weight) has communication obligations towards customers down the supply chain and to consumers. In addition, importers and producers of articles containing the substance have six months from the date of its inclusion in the Candidate List (16 January 2020) to notify ECHA. Information on these obligations and related tools are available on ECHA’s website.
SCIP is the database for information on Substances of Concern In articles as such or in complex objects (Products) established under the Waste Framework Directive (WFD).
Companies supplying articles containing substances of very high concern (SVHCs) on the Candidate List in a concentration above 0.1% weight by weight (w/w) on the EU market have to submit information on these articles to ECHA, as from 5 January 2021.
The SCIP database ensures that the information on articles containing Candidate List substances is available throughout the whole lifecycle of products and materials, including at the waste stage. The information in the database is then made available to waste operators and consumers.
The following suppliers of articles need to provide information to ECHA:
EU producers and assemblers,
EU importers,
EU distributors of articles and other actors in the supply chain placing articles on the market.
Retailers and other supply chain actors supplying articles directly and exclusively to consumers are not covered by the obligation to provide information to the SCIP database.
Suppliers of articles need to submit the following information to ECHA:
information that allows the identification of the article
the name, concentration range and location of the Candidate List substance(s) present in that article
other information to allow the safe use of the article, notably information to ensure proper management of the article once it becomes waste.
The information submitted to the SCIP database will be publicly available and therefore readily available to waste operators to bridge the current gap in the information flow.
ECHA will publish the information, as received, on its website. The quality of the data remains the responsibility of each duty holder. At the same time, ECHA will ensure the protection of confidential business information where justified. For example, the data that allows to establish links between actors in the same supply chain will not be made publicly available.
How REACH defines an article
According to REACH Article 3(3), an article is an object which during production is given a special shape, surface or design which determines its function to a greater degree than its chemical composition.
A “complex object” is an object made up of more than one article.
Articles that are assembled or joined together in complex objects remain articles, as long as they keep a special shape, surface or design, or as long as they do not become waste.
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