Information Duties in the Supply Chain – REACH & CLP Compliance for Substances in Articles and Mixtures
Products and packaging placed on the EEA (European Economic Area) market often contain a variety of chemical substances. The European Union is continuously tightening requirements for companies manufacturing, importing, or supplying products in the EU. As a result, businesses are required to provide accurate information about the chemical substances present in mixtures and articles.
The use of Substances of Very High Concern (SVHC) is regulated under REACH, both for consumer and professional applications. These substances are listed on the Candidate List published by the European Chemicals Agency (ECHA) and updated on a regular basis.
Obligations Depend on Your Role in the Supply Chain
REACH defines and differentiates roles such as: manufacturer, importer, distributor, and downstream user. Each has specific duties concerning communication and information transfer.
1. Manufacturer / Importer / Formulator of Substances
- Must provide a Safety Data Sheet (SDS) for hazardous substances or mixtures, including exposure scenarios (e-SDS) when required.
- SDS must be delivered free of charge, in the official language of the recipient country, no later than the date of product dispatch.
- If no SDS is required, at minimum, the REACH registration number must be provided.
- Must indicate whether the substance requires authorisation and provide relevant details on any granted or refused authorisations.
- Must ensure that downstream uses are covered within registered uses or restrictions.
- Under CLP, must submit classification and labelling information to ECHA for substances classified as hazardous.
2. Manufacturer / Importer / Supplier of Articles
- Under REACH Article 7(2), must notify ECHA if an SVHC is present in an article:
- Above 0.1% w/w concentration, and
- Total quantity exceeds 1 tonne/year.
- Since 2021, these articles must also be notified in the SCIP database, regardless of tonnage.
- Under REACH Article 33, must inform recipients (industrial, professional, distributors) of safe use conditions for articles containing SVHCs above 0.1%, including at minimum the name of the SVHC.
- Consumers can request similar information, and it must be provided within 45 days free of charge.
- Suppliers must verify that no restricted substances are used for the article’s intended purpose.
3. Downstream User
- Must check the SDS for accuracy and implement appropriate risk management measures.
- If new hazard information arises or if SDS content is insufficient, must inform the supplier.
- Should inform the supplier of their specific use so it can be included as an identified use in the registration dossier.
- When forwarding a substance or mixture to others, must also forward the SDS and any safety instructions.
- Must ensure compliance with any restrictions or authorisation conditions from earlier supply chain actors.
General Obligations for All Supply Chain Actors
- All participants must store and archive relevant documentation for at least 10 years after the last manufacture, import, or placing on the market.
- Information must be made available to competent authorities during inspections or upon request.
Employer Responsibilities (REACH Article 35)
- Employers must ensure that workers have access to information on the chemical substances, mixtures, or products used.
- This includes hazards, safe handling instructions, and emergency procedures.
- Information must be easily and promptly accessible by all relevant staff.
Need Assistance?
If you’re unsure what information you need to provide to your customers or whether you’re required to respond to a specific request, contact us. We’ll help you clarify your duties under REACH and CLP.