REACH Regulation (EC No. 1907/2006) is the most comprehensive chemical legislation in the EU and among the most stringent in the world. The regulation is over 800 pages long and affects nearly every business. Many companies (especially those manufacturing or importing articles that do not directly produce substances or mixtures) may be unaware of their obligations.
Articles and SCIP Notification
If you manufacture or import articles in the EU/EEA, you may have legal obligations under REACH. This page helps clarify key considerations related to articles under EU chemicals legislation.
https://echa.europa.eu/-/guidance-on-requirements-for-substances-in-articles
Definition of an Article
An article is an object which during production is given a specific shape, surface, or design that determines its function to a greater degree than its chemical composition (REACH Art. 3(3)).
To determine whether an object meets the definition of an article under REACH, the object’s function and its properties must be assessed (the term “article” can essentially refer to any product in the supply chain):
- Product function – is determined by answering the question “what is the purpose of the article?” In most cases, determining the function should not be a problem, but in some cases, it is difficult to clearly determine its purpose and further analysis is necessary.
- Product shape – refers to the three-dimensional form of the object, such as depth, width, and height.
- Surface – refers to the outer layer of the article.
- Construction – refers to the arrangement of the article’s components.
Products can be treated as a single product or as a composite product consisting of components:
- Standalone (e.g. kitchen bowls).
- Combined (e.g. power tools with batteries and chargers).
- Assembled (e.g. a bicycle made of frame, wheels, saddle, etc.).
Note: Packaging such as bottles, containers, and films are also considered articles.
Who Has REACH Obligations for Articles?
Manufacturers – Companies producing articles
Products can refer to a single article in finished form, but not exclusively. An entity mechanically assembling an article composed of several components, or joining parts of components using mixtures (e.g., adhesives), also becomes a manufacturer of a new complex article. Regardless of the production process, companies that produce articles within the EEA (European Economic Area) have obligations regarding substances contained in their products.
Importers – Companies importing articles
Companies based in the EEA can import products from countries outside the EEA or the EU. They can then use them for their own production or for direct sale to customers. These companies may have the same obligations regarding substances contained in imported articles as companies producing these products within the EEA.
Suppliers – Companies supplying articles
Companies that supply products to the domestic market must also meet specific requirements for substances in articles; regardless of whether the products are purchased within the EEA. Therefore, distributors or traders may also have certain obligations under the REACH Regulation in relation to articles.
Substance Obligations in Articles (REACH and Waste Framework Directive)
Guided by the ECHA document “Requirements for Substances in Articles”.
Intentional Release of Substances from Articles
This occurs when the release is necessary for the function of the article, such as:
- Scented trash bags
- Moisturizing gloves
- Scented car air fresheners
Substances released from articles, as defined by intended release, are subject to substance registration under the REACH Regulation if their quantity exceeds 1 tonne per year. The registration requirements are the same as for manufacturers or importers of chemical substances.
Note: Only substances released from articles must be registered – not the mixture or article itself.
More info on REACH registration
Substances of Very High Concern (SVHC)
If an article contains SVHCs above 0.1% w/w and exceeds 1 tonne/year, the manufacturer or supplier must inform recipients and provide safe use instructions. Consumers can request this information and it must be provided within 45 days.
More on SVHC
REACH Notification Obligations for Substances in Articles
Companies must notify ECHA via REACH-IT if an article contains SVHC above 0.1% w/w and the total volume exceeds 1 tonne/year. Notification is due within 6 months of the substance’s inclusion in the Candidate List.
Exemptions apply if:
- Exposure to humans or the environment can be excluded under normal use and disposal
- The substance has already been registered for that use
- The article was manufactured or imported before inclusion of the SVHC in the Candidate List
Notification is done via REACH-IT using IUCLID. Required info includes:
- Name and contact details
- Registration number (if available)
- Volume of the substance
- Use of the substance and description of the article
SCIP Notification
The SCIP database supplements existing REACH information obligations related to SVHCs in articles. Its goal is to streamline the treatment of waste containing hazardous substances.
All articles containing SVHCs above 0.1% w/w must be reported to the SCIP database, regardless of tonnage.