Paragraph 3 Derogation for naming the ingredients of certain preparations containing harmful substances

Where a person can demonstrate to the Executive that the disclosure of the chemical identity of a substance required to show the indication of danger Xn (not being a substance which would cause the preparation to be assigned one of the risk phrases referred to in paragraph 2(2)(c) above) on the label will put at risk the confidential nature of his property, he shall be permitted to refer to that substance either by means of a name that identifies the most important functional chemical groups of the substance or by means of an alternative name giving equivalent information.

In such a case the supplier shall notify the Executive of his intention to so label the preparation.

Where the Executive receives a notification in accordance with sub-paragraph (2) above, it shall forthwith inform the European Commission thereof.

Regulation 10 of the Notification of New Substances Regulations 1982^f1 (which relates to confidentiality of information notified) shall apply to information notified under sub-paragraph (2) above as it applies to information notified under those Regulations.