Article 15 Review of classification for substances and mixtures
United Kingdom
Manufacturers, importers and downstream users shall take all reasonable steps available to them to make themselves aware of new scientific or technical information that may affect the classification of the substances or mixtures they place on the market. When a manufacturer, importer or downstream user becomes aware of such information which he considers to be adequate and reliable, that manufacturer, importer or downstream user shall without undue delay carry out a new evaluation in accordance with this Chapter.
Where the manufacturer, importer or downstream user introduces a change to a mixture that has been classified as hazardous, that manufacturer, importer or downstream user shall carry out a new evaluation in accordance with this Chapter where the change is either of the following:
a change in the composition of the initial concentration of one or more of the hazardous constituents in concentrations at or above the limits in Table 1.2 of Part 1 of Annex I;
a change in the composition involving the substitution or addition of one or more constituents in concentrations at or above the cut-off value referred to in Article 11(3).
A new evaluation in accordance with paragraphs 1 and 2 shall not be required if there is valid scientific justification that this will not result in a change of classification.
Manufacturers, importers and downstream users shall adapt the classification of the substance or the mixture in accordance with the results of the new evaluation except where there are F1mandatory hazard classes or differentiations for substances included in the GB mandatory classification and labelling list.
For paragraphs 1 to 4 of this Article, when the substance or mixture concerned is within the scope of F2Regulation (EC) No 1107/2009 or Regulation (EC) No 528/2012, the requirements of those Regulations shall also apply.
Annotations
Textual amendments
- F1
Words in Art. 15(4) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 18(a) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 6(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 15(5) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 18(b); 2020 c. 1, Sch. 5 para. 1(1)