The Classification and Labelling Inventory of the CLP Regulation and its Conflict with EU Law for Substances used in Research & Development

The article deals with the application of the CLP Regulation in the field of research and development (R&D) of chemical substances and mixtures. Especially, the article analyses if and under which circumstances the provisions of the CLP Regulation on the Classification and Labelling Inventory (C&L Inventory) may collide with fundamental rights and general principles of European Law. Since the provisions of the CLP Regulation on the C&L Inventory contain for manufacturers and importers a far-reaching obligation to notify ECHA and, in addition, a wide access of the public to the data of the inventory, confidential business information and the “know how” of the chemical industry are at risk. In particular, the rules of the CLP Regulation may undermine the system of patent protection for chemical substances. This conflict will become obvious after a description of the legal and the factual background (cf. I.). Afterwards, the conflict will be assessed in the light of the fundamental rights and general principles of European Union law (cf. II.). On this basis, the options on how such conflict can be avoided and how a right balance between the affected interests can be achieved shall be discussed (cf. III.).