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The EU CLP Regulation governs classification, labelling and packaging of substances and mixtures; GB CLP is not covered here. Since 1 July 2026 a mixture may be placed on the EU market only if a supplier established in the Union, identified on its label, fulfils the requirements. Outside the EU? Decide before your next shipment who that is.
MAAK Advocaten N.V., a law firm in Amsterdam, explains below how the supplier role works for a manufacturer outside the EU. This article is part of our overview of EU sustainability regulations for products and of EU product law.
Who is the supplier under the EU CLP Regulation?
Under Regulation (EC) No 1272/2008 (the CLP Regulation), a supplier is a manufacturer, importer, downstream user or distributor who places a substance or mixture on the market (Article 2(26)). Each is established in the Community, the text’s term for the EU.
A company outside the EU is therefore not a manufacturer, importer, downstream user or distributor in the CLP sense (Article 2(15), (17), (19), (20)). Placing on the market means supplying or making available to a third party, and import counts as placing on the market (Article 2(18)).
| Role | Who | Core duty | Article |
|---|---|---|---|
| Manufacturer | established in the EU, makes a substance there | classify before placing on the market | 2(15), 4(1) |
| Importer | established in the EU, responsible for import | classify; as supplier, label and package | 2(17), 4(1), 4(4) |
| Downstream user | established in the EU, uses a substance or mixture in industrial or professional activity | classify; may rely on another actor’s classification only if the composition is unchanged | 2(19), 4(1), 4(6) |
| Distributor | established in the EU, including a retailer, only stores and places on the market for third parties | may rely on another actor’s classification | 2(20), 4(5) |
| Supplier | any of these who places on the market | if classified as hazardous: label and package before placing on the market; name, address and telephone number on the label | 2(26), 4(4), 17(1)(a) |
Which role your Dutch partner has depends on what it does with the mixture; who is the supplier on your label follows from who places the mixture on the market (Article 2(18) and (26)). Your contract then records who does what between you and who bears the risk if the label is wrong.
What does Article 4(11) change for a manufacturer outside the EU?
Since 1 July 2026 a substance or a mixture may not be placed on the market unless a supplier established in the Union, identified on the label, fulfils the requirements of the regulation in the course of an industrial or professional activity for the substance or mixture in question (Article 4(11) CLP Regulation).
The recitals of Regulation (EU) 2024/2865, which added the paragraph, explain the background: operators outside the Union sold directly online to the general public in the Union, which made enforcement difficult, so the rule also covers distance sales, for example through online marketplaces. A recital explains; it is not an obligation.
Where a substance or mixture is classified as hazardous, the supplier ensures that it is labelled and packaged before it is placed on the market (Article 4(4)). The label of such a product shows the supplier’s name, address and telephone number (Article 17(1)(a)) in the official language(s) of the Member State where it is placed on the market, unless that Member State provides otherwise (Article 17(2)). Suppliers in a chain cooperate to meet the requirements (Article 4(9)). Article 4(11) names no specific partner; it asks for a supplier established in the Union.
A company outside the EU is not itself a supplier in this sense, but under Article 4(11) the placing of its mixture on the EU market depends on a supplier established in the Union.
What businesses outside the EU often underestimate is that the supplier rule also matters to them, although they are not established in the EU themselves. Since 1 July 2026 a supplier established in the Union must be on the label. My advice: decide before the first shipment who that will be, and record that role in the contract with your Dutch importer or distributor.
Your mixture cannot be placed on the EU market without such a supplier.
Important: Your Dutch distributor offers to be named as the supplier on your label. Then its name appears on the label of every pack of a hazardous product and it takes on the supplier’s duties (Articles 4(4), 4(11) and 17(1)(a)). Have a Dutch lawyer specialised in product law review the roles and the contract before you appoint a Dutch company as the supplier on your label.
When do the new CLP label rules apply?
The new label rules apply in three stages: 1 July 2026, 1 January 2027 and 1 January 2028. The dates come from Article 2 of Regulation (EU) 2024/2865, as amended by Regulation (EU) 2025/2439.
| Date | What applies | Source |
|---|---|---|
| 10 December 2024 | Regulation (EU) 2024/2865 in force | Art. 2(1) of 2024/2865 |
| 1 July 2026 | Supplier established in the Union on the label (Art. 4(11)); fold-out label, data carrier and digital label (Art. 31(1a), 31(1b), 34a, 34b); refill stations (Art. 35(2a)); supplemental information (Art. 25(3)) | Art. 2(2) of 2024/2865 |
| 1 January 2027 | A wider list of hazard properties for which the label of a mixture shows the identity of the substances that contribute to the classification (Art. 18(3)(b)); information for emergency health response (Art. 45, Annex VIII) | Art. 2(3) of 2024/2865 |
| 1 January 2028 | Formatting and type size (Art. 31(3), Annex I 1.2.1); revision of labels after a change (Art. 30); advertising (Art. 48); distance sales offers (Art. 48a) | Art. 2(3a) of 2024/2865 |
| Stock placed on the market before 1 July 2026 | Until 1 July 2028 under the old rules for the provisions listed in Art. 61(7) CLP; Art. 4(11) is not on that list | Art. 61(7) CLP |
Regulation (EU) 2025/2439 moved the rules on formatting, relabelling, advertising and distance sales to 1 January 2028. Its recitals refer to the Commission’s proposal COM(2025) 531 to simplify rules for chemical products; that is a proposal, not law. The second stage follows on 1 January 2027. Until 31 December 2027 you may already apply the new version of Articles 30, 31(3) and 48, Annex I section 1.2.1 and Annex II Part 5 (Article 2(6) of Regulation (EU) 2024/2865, as amended); Article 2(6) does not list Article 48a.
From 1 January 2028, where a change to the classification or labelling adds a new hazard class, makes the classification more severe or requires new supplemental information, the supplier updates the label without undue delay and in any event within six months after it obtains, or is told, the results of the new evaluation under Article 15(4). For other required changes the period is 18 months (Article 30(1) and (2)). This does not apply where the change was triggered by a harmonised classification and labelling in a delegated act under Article 37(5) or by a provision in a delegated act under Article 53(1); the supplier then updates the label by the date set in that act (Article 30(3)).
From 1 January 2028, advertising for a hazardous mixture must show the hazard pictograms, signal words, hazard statements and supplemental EUH statements of Annex II, and for sale to the general public the sentence “Always follow the information on the product label”; pictograms and signal words may be omitted in non-visual advertising (Article 48(2) and (4)). From that date, if you sell online to EU customers, the offer must show the label elements of Article 17 clearly and visibly (Article 48a).
I start with the role and the contract, and only then the label. A technically perfect label does not help if nobody in the chain knows who revises it or who bears the cost. My order is:
- Determine which role your company and each partner has per product.
- Record who determines the classification and who revises the label.
- Map the dates above and plan the label redesign around them, so you do not print twice.
How does the EU CLP Regulation work in the Netherlands?
The CLP Regulation applies directly in the Netherlands. Dutch law adds enforcement: Title 9.3a of the Environmental Management Act (Wet milieubeheer, Wm) prohibits acting in breach of listed CLP provisions (Article 9.3a.3 Wm).
Administrative enforcement of the CLP Regulation is a statutory task under Article 18.2b Wm. For chemical substances in consumer products, the NVWA (Nederlandse Voedsel- en Warenautoriteit) applies an intervention policy that treats a missing label element as moderate and several missing elements as serious. Measures range from an official warning, corrective intervention and compliance assistance to a punitive sanction. Depending on the product and the situation, more than one supervisor may be involved, such as the NVWA or the ILT (Inspectie Leefomgeving en Transport).
The regulation itself applies directly, including Article 4(11). How the Dutch sanctions attach to the paragraphs added in 2024 is something we check per case.
Has your Dutch importer asked who the supplier on your label is? We can set out the roles under the CLP Regulation and record them in your Dutch contracts before the next shipment: contact our product law partner in the Netherlands.
What do you do when a Dutch authority asks about your label?
Read exactly what is asked and by whom, then collect the label, the safety data sheet, your contract with the producer and the classification documents. A hazardous product’s label shows the elements of Article 17(1), including the supplier’s name, address and telephone number.
I respond for the company with the documents that exist, and I say what we are still investigating. A late, incomplete response often costs more than an honest response with a clear plan. If a measure is announced, we prepare the written view (zienswijze) together.
Important: A Dutch inspector asks for the label and the documents of a batch that is already in the Netherlands. Your answer can become part of the file in any later objection or appeal (bezwaar, beroep); administrative enforcement of the CLP Regulation is a statutory task under Article 18.2b Wm. Have a Dutch lawyer specialised in product law review your response before you send it.
What can you arrange yourself, and where do you need an adviser?
Classification under Annex I, label design, type size, pictograms and safety data sheets are technical work for your regulatory team, a chemist or a consultant. You can arrange much of the rest yourself.
- Check which packs carry which label elements (Article 17(1)).
- Check the language of the label for each Member State where you sell (Article 17(2)).
- Decide whether to add a digital label: the physical label remains the rule (Article 34a(1)), and a data carrier on the pack links to the digital label (Article 31(1b)).
- Plan the redesign around the three dates above.
Classification, label design and safety data sheets are technical work that you do with your regulatory team or an adviser. My line is simple: once it is about your role, your contract or an authority, involve a lawyer, and do not wait until there is a letter.
For substances, REACH registration is a separate topic; our overview of chemical laws in the Netherlands shows how the two fit together, and selling products in the EU covers market access more widely.
When do you need a Dutch lawyer for CLP labelling?
You need a Dutch lawyer when it is about who is the supplier, what the contract says or what a Dutch authority asks. Who the supplier is decides who carries the statutory label duties (Articles 4(4), 4(11) and 17(1)(a) CLP Regulation).
| Your situation | What is at stake | Why a lawyer, not only a consultant | What MAAK does in the first days |
|---|---|---|---|
| You sell into the EU from outside and need an EU supplier on the label | No supplier established in the Union on the label means the mixture may not be placed on the market (Art. 4(11)); all four CLP roles require establishment in the EU (Art. 2) | A consultant tells you what must be on the label; the lawyer reviews who is the supplier in your chain, who bears the label risk under the contract and what happens if the importer or distributor stops | Review the supply and distribution contract with the Dutch importer or distributor; propose how tasks, risk and indemnities are allocated |
| A Dutch authority asks for the label and the safety data sheet | Administrative enforcement in the Netherlands (Art. 18.2b Wm); NVWA intervention policy | A response to a Dutch authority is legal work with deadlines | Assess the documents, contact the authority, prepare a response or an objection |
| Your Dutch partner asks you to take over label duties | Art. 4(4), 17(1)(a) and 4(9); revision of labels from 1 January 2028 (Art. 30) | Contract clauses decide who in the chain does the work of revising the label and who pays; the duty to update the label stays with the supplier (Art. 30) | Negotiate the clause, document the roles |
The agreement that makes the most difference is who revises the label when the classification changes, within what period, and who bears the cost of relabelling and of taking product back. In addition, agree that the producer informs you directly when the composition changes, because a different composition can change the classification. My advice is a working agreement on information, period and cost, with the producer’s guarantee limited to what it can know.
Important: Your Dutch partner asks you to sign an indemnity (vrijwaring) for label content. Then you may carry the cost of correcting or revising the label, including the revision duties that apply from 1 January 2028 (Article 30). Have a Dutch lawyer specialised in product law review the indemnity before you sign it.
Example: a US cleaning-product maker and a Dutch distributor
A US manufacturer of cleaning mixtures has labels that show only its own US address. In September 2026 it starts shipping pallets to a distributor in Rotterdam.
The distributor’s retail customer asks who the supplier established in the Union is. Under Article 4(11), a mixture may not be placed on the market unless a supplier established in the Union, identified on the label, fulfils the requirements. The US manufacturer is not established in the Union, so it cannot be that supplier itself. The parties need to clarify which company established in the Union places the mixture on the market and is named on the label, and the contract should record it.
This is a hypothetical example for illustration, not a description of an actual case.
How does MAAK Advocaten work on CLP labelling matters?
MAAK Advocaten N.V., a law firm in Amsterdam, acts for manufacturers outside the EU and for their Dutch importers and distributors: contracts under Dutch law, contact with Dutch authorities, and objection and appeal against Dutch administrative decisions.
In the first days we review the contract and the label documents, secure deadlines and prepare a response. In court we act at first instance and on appeal. You have one point of contact at the firm; the technical classification and the label design stay with your regulatory team.
Frequently asked questions about the EU CLP Regulation
Since when must a supplier established in the EU be on the label?
Since 1 July 2026. A substance or a mixture may not be placed on the market unless a supplier established in the Union, identified on the label, fulfils the requirements of the regulation in the course of an industrial or professional activity (Article 4(11) CLP Regulation, applicable under Article 2(2) of Regulation (EU) 2024/2865).
Which company is the supplier if I sell through a Dutch importer or distributor?
A supplier is a manufacturer, importer, downstream user or distributor who places the substance or mixture on the market (Article 2(26)), and all four are established in the EU. Who that is in your chain depends on who places the mixture on the market and on what each partner does with it; we assess that per case.
What changes on 1 January 2027 and 1 January 2028?
From 1 January 2027 a wider list of hazard properties applies for which the label of a mixture shows the identity of the substances contributing to the classification, and the new rules on information for emergency health response apply. From 1 January 2028 the rules on type size, label revision, advertising and distance sales offers apply (Article 2 of Regulation (EU) 2024/2865, as amended by 2025/2439).
Who enforces the EU CLP Regulation in the Netherlands?
Administrative enforcement is a statutory task (Article 18.2b of the Dutch Environmental Management Act, Wm). For chemical substances in consumer products the NVWA (Nederlandse Voedsel- en Warenautoriteit) has an intervention policy, and depending on the product more than one supervisor can be involved, such as the NVWA or the ILT (Inspectie Leefomgeving en Transport).
When should a manufacturer outside the EU call a Dutch lawyer about CLP labels?
When a Dutch importer or distributor asks who the supplier on the label is, when a partner wants label duties or an indemnity in the contract, or when a Dutch authority asks for the label. MAAK Advocaten reviews the roles and the contract before the next shipment.
Primary sources
- Regulation (EC) No 1272/2008 (CLP Regulation), consolidated version of 1 July 2026 (non-binding consolidation): Articles 2, 4, 17, 18, 25, 30, 31, 34a, 34b, 35, 45, 48, 48a and 61
- Regulation (EU) 2024/2865, amending the CLP Regulation
- Regulation (EU) 2025/2439, amending the dates of application of Regulation (EU) 2024/2865
- Wet milieubeheer, Title 9.3a (Article 9.3a.3) and Article 18.2b
- Specifiek interventiebeleid chemische stoffen in consumentenproducten (NVWA, IB03-SPEC 51)
Do you sell mixtures into the EU and is it unclear who must be named as the supplier on your label? Put your situation to our product law partner in the Netherlands.
