Duties of NI-based businesses directly supplying chemicals to Great Britain

NI-based businesses have unfettered access to the GB market for goods that meet the definition of Qualifying Northern Ireland Goods (QNIGs). For highly regulated goods, such as chemicals, certain safeguards are necessary to maintain the protection of human health and the environment. The sections below provide further guidance on the legal duties of NI-based businesses (such as NI-based manufacturers, downstream users and distributors) wishing to supply substances and mixtures directly to the GB market.

To ensure that NI-based businesses have unfettered access to the GB market, the definitions and duties of NI-based suppliers have been redefined in the GB CLP Regulation. There are three actors in the Northern Ireland to GB supply chain. These are:

NI-based manufacturer
means 'any natural or legal person established in Northern Ireland, who manufactures a substance which is a qualifying Northern Ireland good and which is placed directly on the market in Great Britain'
NI-based downstream user
means 'any natural or legal person within Northern Ireland in the case of qualifying Northern Ireland goods which are placed directly on the market in Great Britain'
NI-based distributor
means 'any natural or legal person within Northern Ireland in the case of qualifying Northern Ireland goods which are placed directly on the market in Great Britain'

To make it easier for NI-based manufacturers, downstream users and distributors to understand their legal duties under the GB CLP Regulation, similar duties have been grouped together under the term 'NI-based suppliers'.

EU CLP Regulation takes primacy in Northern Ireland, so the GB CLP Regulation is disapplied, or not applicable, to NI-based importers. Under the GB CLP, if an NI-based importer supplies the GB market, they take on the duties of a NI-based downstream user (if changing the chemical composition prior to supply) or distributor (if NOT changing the chemical composition prior to supply) and must also comply with the GB CLP Regulation for QNIG placed directly on the GB market.

NI-based downstream users and distributors cannot use the classification and labelling of substances or mixtures provided by another actor in the NI supply chain if they intend to supply the substances or mixtures directly to the GB market. Instead, they have the same duties to classify as a NI-based manufacturer. This ensures that all QNIG are classified in line with the GB CLP Regulation.

Duties of NI-based business supplier directly supplying the GB market

Under the GB CLP Regulation, the legal duties of NI suppliers (such as NI-based manufacturers, downstream users and distributors directly supplying QNIG to the GB market) differ from those specified for GB-based suppliers supplying the GB market. These legal duties are also different to those specified under the EU CLP Regulation.

NI suppliers supplying substances or mixtures directly to the GB market as QNIG have a legal duty to comply with the GB CLP Regulation.

If you are a NI-based supplier, you must:

classify substances and mixtures according to the GB CLP Regulation before placing them on the GB market
label and package substances and mixtures according to the GB CLP Regulation before placing them on the GB market
notify HSE of the classification and labelling of substances newly placed directly on the GB market for inclusion in the GB notification database. See Submitting a GB CLP substance notification for further instructions
take all reasonable steps available to you to make yourself aware of new scientific or technical information that may affect the classification of the substances or mixtures you place on the market. When you become aware of such information which you consider to be adequate and reliable you must, without undue delay, carry out a new evaluation of the relevant classification
update the label following any change to the classification and labelling of that substance or mixture, in certain cases without undue delay
assemble and keep available all the information required for the purposes of classification and labelling under the GB CLP Regulation for a period of at least 10 years after you have last supplied a substance or mixture

This means you should:

make sure you understand what your duties are under the GB CLP Regulation
check that your chemicals are correctly classified, that your product labels are accurate and that the chemicals are packaged appropriately before you place them on the market

Everyone in the supply chain is responsible for ensuring that substances and mixtures are labelled and packaged correctly before being placed on the market.