We received an inquiry from a USA company that makes candle fragrances, asking if they could handle the PCN notification on their own. By creating UFI codes, they wanted to protect confidential information about the composition of their products.
The answer can be found in point 4.2.5 of the Guidance on harmonized information relating to emergency health response published by ECHA.
The non-EU supplier does not have obligations under the CLP Regulation. In addition, they are not permitted to submit a notification using their own ECHA account in the ECHA Submission portal. The obligation to submit the notification, including the mixture composition, lies with the importer.
If the non-EU supplier does not wish to disclose the compositional details of the mixture to the EU importer, then the UFI can be used to protect the confidentiality of the mixture information.
How can a non-EU supplier obtain a UFI code?
The non–EU supplier needs to have a legal entity based in the EU (or a contractual agreement with an EU-based legal entity - we can offer you this free service), which creates a UFI and makes a submission voluntarily to the Member States where the EU importer intends to place the mixture on the market.
The non-EU supplier informs their customer about this UFI and confirms that the submission is done.
The EU importer, who is the actual duty holder, makes their own submission with a reference to this UFI in relation to the compositional information.
The importer could therefore make a submission for a mixture containing 100% of the MiM supplied by the non-EU supplier. This option could be useful also when the EU importer uses the mixture to formulate another mixture, and the non-EU supplier wants to protect the confidentiality of the information on the mixture they supply to the EU importer.
The obligation to place UFI on the label lies with the EU importer.
We offer a free contract to non-EU companies, as a basis for PCN notifications.
If you need help, we are the right address for you. You can reach us at info@chem-consulting.si for an informative quote.
SOURCE: Guidance on harmonised information relating to emergency health response – Annex VIII to CLP - ECHA
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