3.—(1) Subject to sub-paragraph (2), where the supplier of a dangerous preparation is able to demonstrate to the Executive that the disclosure on the label or safety data sheet of the chemical identity of a substance which is exclusively classified as—
(a)irritant with the exception of those assigned R41 or irritant in combination with one or more of the other properties mentioned in paragraph (2)(2)(d); or
(b)harmful or harmful in combination with one or more of the properties mentioned in paragraph (2)(2)(d) presenting acute lethal effects alone,
will put at risk the confidential nature of the supplier’s intellectual property, that supplier shall, in accordance with the provisions of Annex VI of Council Directive 1999/45/EC, be permitted to refer to that substance either by means of a name that identifies the most important functional chemical groups or by means of an alternative name.
(2) The derogation in sub-paragraph (1) shall not apply in respect of a substance which has been assigned a Community exposure limit.
(3) Where a supplier wishes to take advantage of the derogation contained in sub-paragraph (1), the supplier shall make application to the Executive accordingly, enclosing the information specified in Annex VI to Council Directive 1999/45/EC.
(4) The Executive may require such further information from the supplier as is necessary to determine the validity of an application made under sub-paragraph (3).