# Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance), Article 4: General obligations to classify, label and package

Extent: E+W+S+N.I.

1. Manufacturers, importers and downstream users shall classify substances or mixtures in accordance with Title II before placing them on the market.
2. Without prejudice to the requirements of paragraph 1, manufacturers, producers of articles and importers shall classify those substances not placed on the market in accordance with Title II where:
(a) Articles 6, 7(1) or (5), 17 or 18 of Regulation (EC) No 1907/2006 provide for registration of a substance;
(b) Articles 7(2) or 9 of Regulation (EC) No 1907/2006 provide for notification.
3. If a substance is subject to mandatory classification and labelling in accordance with Title V through an entry in the GB mandatory classification and labelling list, that substance shall be classified in accordance with that entry, and a classification of that substance in accordance with Title II shall not be performed for the hazard classes or differentiations covered by that entry.
However, where the substance also falls within one or more hazard classes or differentiations not covered by an entry in the GB mandatory classification and labelling list, classification under Title II shall be carried out for those hazard classes or differentiations.
4. Where a substance or mixture is classified as hazardous, suppliers shall ensure that the substance or mixture is labelled and packaged in accordance with Titles III and IV, before placing it on the market.
5. In fulfilling their responsibilities under paragraph 4, distributors who are established within Great Britain may use the classification for a substance or mixture derived in accordance with Title II by an actor in the supply chain.
6. In fulfilling their responsibilities under paragraphs 1 and 4, downstream users who are established within Great Britain may use the classification of a substance or mixture derived in accordance with Title II by an actor in the supply chain, provided that they do not change the composition of the substance or mixture.
7. A mixture referred to in Part 2 of Annex II that contains any substance classified as hazardous shall not be placed on the market, unless it is labelled in accordance with Title III.
8. For the purposes of this Regulation, the articles referred to in section 2.1 of Annex I shall be classified, labelled and packaged in accordance with the rules for substances and mixtures before being placed on the market.
9. Suppliers in a supply chain shall cooperate to meet the requirements for classification, labelling and packaging in this Regulation.
10. Substances and mixtures shall not be placed on the market unless they comply with this Regulation.

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Source: https://www.legislation.gov.uk/eur/2008/1272/article/4 (the official version)
Page: https://openlegislation.uk/eu-regulation-2008-1272/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.