product, the supplier indicates the UFI in the safety data sheet in section 2.2 “Label elements”. Is this correct? Solution: No, this is not correct. According to Regulation (EU) 2020/878, the UFI must be listed in the safety data sheet in section 1.1 “Product identifier” if it is indicated in the safety data sheet.

Case 2:

A lubricant packed in canisters and used professionally contains a sensitising substance and the label includes the information EUH208 (“Contains <name of sensitising substance>. May produce an allergic reaction.”) and EUH210 (“Safety data sheet available on request.”). The label does not contain any hazard pictograms or hazard statements (H-phrases). Neither on the label nor on the packaging is a UFI indicated. Is this correct or is the UFI missing here? Solution: A UFI is not required. According to Annex VIII of CLP, a notification and UFI is only required for hazardous mixtures classified as physical or health hazards according to CLP. The statements EUH208 and EUH210 are supplementary labelling elements according to Annex II of the CLP Regulation, but do not represent classifications.

Case 3:

An additive mixture classified as a health hazard is supplied by the manufacturer in IBCs to a lubricant manufacturer who uses the additive mixture in his stirred tanks to formulate lubricants. The lubricants are intended for use by craftsmen and private consumers. The manufacturer of the additive mixture uses its old 2019 labels without UFI information for the IBCs and lists the UFI in the safety data sheet in section 1.1. Is this correct? Solution: Yes, this is correct. Lubricant production is a use in industrial installations. Instead of the indication on the label/packaging, the UFI can be indicated in the safety data sheet. This also applies if the mixture is formulated into a product intended for professional or consumer use. (Reference: ECHA Guidance on Annex VIII to CLP (current version) “Guidance on harmonised information relating to emergency health response - Annex VIII to CLP, Version 4.0, March 2021”)

Case 4: A corrosion protection spray for professional and industrial use is distributed by the manufacturer without specifying a UFI. The corrosion protection spray is labelled with the hazard statements H223

(“Flammable aerosol.”) and H229 (“Pressurised container. May burst if heated.”). A customer (dealer) points out to the supplier that the UFI is not indicated and demands that the UFI be indicated on the aerosol cans in the future. The supplier replies that the aerosol cans as “compressed gases” fall under the exemptions according to Annex VIII of the CLP Regulation and therefore no UFI is necessary. Is this correct? Solution: No, the supplier’s statement is not correct. Aerosol dispensers, which are subject to the scope of the CLP Regulation, are covered by the hazard class “aerosols” and explicitly do not fall under the hazard class “gases under pressure”. Thus, the above-mentioned exemption is not applicable for aerosol dispensers.

Case 5:

An operating liquid packaged in canisters, classified as irritating to skin and eyes and labelled with the hazard statements H315 and H319, is supplied by the formulator within Germany for professional use without a UFI being indicated on the label/packaging. Is this correct or is it mandatory to indicate the UFI on the label/packaging? Solution: If a PCN notification was submitted to the German appointed body, a UFI must be indicated for deliveries within Germany.

If such a PCN notification has not yet been submitted for Germany, the transitional arrangement according to Annex VIII of the CLP Regulation can be used if applicable. However, the following conditions must be met: The mixture has been notified to the BfR by 31.12.2020 according to the German national format and there are no relevant changes with regard to the notified information. In this case, no PCN notification has to be made until 31.12.2024 and thus no UFI has to be indicated. However, a PCN notification and the indication of the UFI is required by 1.1.2025 at the latest.

It should be noted that the submission of the safety data sheet to the ISi database of the German Institute for Occupational Safety and Health is not considered as a national notification in this sense and therefore does not entitle to make use of the transitional arrangement according to Annex VIII of the CLP Regulation.

Case 6: In order not to change the existing label layout, a supplier wants to place the UFI on three lines (see

Continued on page 40 LUBE MAGAZINE NO.165 OCTOBER 2021 39

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