supply
PREAMBLE: REACH - Registration, Evaluation, Authorisation and Restriction of Chemicals [
go to this PREAMBLE]
... (17) All available and relevant information on
substances on their own, in preparations and in articles should be collected to assist in identifying hazardous properties, and recommendations
about risk management measures should systematically be conveyed through
supply chains, as reasonably necessary, to prevent adverse effects on human health and the environment. In addition, communication
of technical advice to support risk management should be encouraged in the
supply chain, where appropriate. ...
... (17) All available and relevant information on
substances on their own, in preparations and in articles should be collected to assist in identifying hazardous properties, and recommendations
about risk management measures should systematically be conveyed through
supply chains, as reasonably necessary, to prevent adverse effects on human health and the environment. In addition, communication
of technical advice to support risk management should be encouraged in the
supply chain, where appropriate. ...
... (25) The responsibility to assess the risks and hazards of
substances should be given, in the first place, to the natural or legal persons that manufacture or
import substances, but only when they do so in quantities exceeding a certain volume, to enable them to carry the associated burden. Natural
or legal persons handling
chemicals should take the necessary risk management measures in accordance with the assessment of the risks of
substances and pass on relevant recommendations along the
supply chain. This should include describing, documenting and notifying in an appropriate and transparent fashion the risks stemming
from the production, use and disposal of each substance. ...
... (54) In order to avoid duplication of work, and in particular to avoid duplication of testing, registrants of
phase-in substances should
pre-register as early as possible with a database managed by the
Agency. A system should be established in order to provide for the establishment of
Substance Information Exchange Forums (SIEF) to help exchange of information on the
substances that have been
registered. SIEF participants should include all relevant actors submitting information to the
Agency on the same phase-in substance. They should include both potential registrants, who must provide and be supplied with any
information relevant to the
registration of their
substances, and other participants, who may receive financial compensation for
studies they hold but are not entitled to request information. In order to ensure the smooth functioning of that system they should
fulfil certain obligations. If a member of a SIEF does not fulfil his obligations, he should be penalised accordingly but
other members should be enabled to continue preparing their own
registration. In cases where a substance has not been
pre-registered, measures should be taken to help
downstream users find alternative sources of
supply. ...
... (55)
Manufacturers and
importers of a substance on its own or in a preparation should be encouraged to communicate with the
downstream users of the substance with regard to whether they intend to
register the substance. Such information should be provided to a downstream user sufficiently in advance of the relevant
registration deadline if the manufacturer or
importer does not intend to
register the substance, in order to enable the downstream user to look for alternative sources of
supply. ...
... (56) Part of the responsibility of
manufacturers or
importers for the management of the risks of
substances is the communication of information on these
substances to other professionals such as
downstream users or
distributors. In addition,
producers or
importers of articles should
supply information on the safe use of articles to industrial and professional users, and consumers on request. This important responsibility
should also apply throughout the
supply chain to enable all actors to meet their responsibility in relation to management of risks arising from the use of
substances. ...
... (56) Part of the responsibility of
manufacturers or
importers for the management of the risks of
substances is the communication of information on these
substances to other professionals such as
downstream users or
distributors. In addition,
producers or
importers of articles should
supply information on the safe use of articles to industrial and professional users, and consumers on request. This important responsibility
should also apply throughout the
supply chain to enable all actors to meet their responsibility in relation to management of risks arising from the use of
substances. ...
... (57) As the existing
safety data sheet is already being used as a communication tool within the
supply chain of
substances and preparations, it is appropriate to develop it further and make it an integral part of the system established by this
Regulation. ...
... (58) In order to have a chain of responsibilities,
downstream users should be responsible for assessing the risks arising from their uses of
substances if those uses are not covered by a
safety data sheet received from their
suppliers, unless the downstream user concerned takes more protective measures than those recommended by his
supplier or unless his
supplier was not required to assess those risks or provide him with information on those risks. For the same reason,
downstream users should manage the risks arising from their uses of
substances. In addition, it is appropriate that any producer or
importer of an article containing a substance of very high concern should provide sufficient information to allow safe use of such
an article. ...
... (58) In order to have a chain of responsibilities,
downstream users should be responsible for assessing the risks arising from their uses of
substances if those uses are not covered by a
safety data sheet received from their
suppliers, unless the downstream user concerned takes more protective measures than those recommended by his
supplier or unless his
supplier was not required to assess those risks or provide him with information on those risks. For the same reason,
downstream users should manage the risks arising from their uses of
substances. In addition, it is appropriate that any producer or
importer of an article containing a substance of very high concern should provide sufficient information to allow safe use of such
an article. ...
... (58) In order to have a chain of responsibilities,
downstream users should be responsible for assessing the risks arising from their uses of
substances if those uses are not covered by a
safety data sheet received from their
suppliers, unless the downstream user concerned takes more protective measures than those recommended by his
supplier or unless his
supplier was not required to assess those risks or provide him with information on those risks. For the same reason,
downstream users should manage the risks arising from their uses of
substances. In addition, it is appropriate that any producer or
importer of an article containing a substance of very high concern should provide sufficient information to allow safe use of such
an article. ...
... (62) Communication up and down the supply chain should be facilitated. The Commission should develop a system categorising brief general descriptions of uses taking
into account the outcomes of the RIPs. ...
... (70) Adverse effects on human health and the environment from
substances of very high concern should be prevented through the application of appropriate risk management measures to ensure that any
risks from the uses of a substance are adequately controlled, and with a view to progressively substituting these
substances with a suitable safer substance. Risk management measures should be applied to ensure, when
substances are manufactured, placed on the market and used, that exposure to these
substances including discharges, emissions and losses, throughout the whole life-cycle is below the threshold level beyond which adverse
effects may occur. For any substance for which
authorisation has been granted, and for any other substance for which it is not possible to establish a safe level of exposure, measures
should always be taken to minimise, as far as technically and practically possible, exposure and emissions with a view to
minimising the likelihood of adverse effects. Measures to ensure adequate control should be identified in any Chemical Safety
Report. These measures should be applied and, where appropriate, recommended to other actors down the
supply chain. ...
... (c)
substances on their own or in preparations,
registered in accordance with Title II, exported from the Community by an actor in the
supply chain and re-imported into the Community by the same or another actor in the same
supply chain who shows that: ...
... (c)
substances on their own or in preparations,
registered in accordance with Title II, exported from the Community by an actor in the
supply chain and re-imported into the Community by the same or another actor in the same
supply chain who shows that: ...
... 26. identified use: means a use of a substance on its own or in a preparation, or a use of a preparation, that is intended
by an actor in the supply chain, including his own use, or that is made known to him in writing by an immediate downstream user; ...
... 32.
supplier of a substance or a preparation: means any manufacturer,
importer, downstream user or distributor placing on the market a substance, on its own or in a preparation, or a preparation; ...
... 33.
supplier of an article: means any producer or
importer of an article, distributor or other actor in the
supply chain placing an article on the market; ...
... 33.
supplier of an article: means any producer or
importer of an article, distributor or other actor in the
supply chain placing an article on the market; ...
ARTICLE-6: General obligation to register substances on their own or in preparations [
go to this ARTICLE]
... 3. Any manufacturer or
importer of a polymer shall submit a
registration to the
Agency for the monomer substance(s) or any other substance(s), that have not already been
registered by an actor up the
supply chain, if both the following conditions are met: ...
ARTICLE-7: Registration and notification of substances in articles [
go to this ARTICLE]
... 3. Paragraph 2 shall not apply where the producer or
importer can exclude exposure to humans or the environment during normal or reasonably foreseeable conditions of use including disposal.
In such cases, the producer or
importer shall
supply appropriate instructions to the recipient of the article. ...
ARTICLE-8: Only representative of a non-Community manufacturer [
go to this ARTICLE]
... 2. The representative shall also comply with all other obligations of
importers under this Regulation. To this end, he shall have a sufficient background in the practical handling of
substances and the information related to them and, without prejudice to Article
36, shall keep available and up-to-date information on quantities imported and customers sold to, as well as information on
the
supply of the latest update of the
safety data sheet referred to in Article
31. ...
... 3. If a representative is appointed in accordance with paragraphs 1 and 2, the non-Community manufacturer shall inform
the
importer(s) within the same
supply chain of the appointment. These
importers shall be regarded as
downstream users for the purposes of this Regulation. ...
ARTICLE-28: Duty to pre-register for phase-in substances [
go to this ARTICLE]
... 5. After the publication of the list a downstream user of a substance not appearing on the list may notify the
Agency of his interest in the substance, his contact details and the details of his current
supplier. The
Agency shall publish on its website the name of the substance and on request provide contact details of the downstream user to a
potential registrant. ...
ARTICLE-31: Requirements for safety data sheets [
go to this ARTICLE]
... 1. The
supplier of a substance or a preparation shall provide the recipient of the substance or preparation with a
safety data sheet compiled in accordance with Annex
II: ...
... 2. Any actor in the
supply chain who is required, under Articles
14 or
37, to carry out a chemical safety assessment for a substance shall ensure that the information in the
safety data sheet is consistent with the information in this assessment. If the
safety data sheet is developed for a preparation and the actor in the
supply chain has prepared a chemical safety assessment for that preparation, it is sufficient if the information in the
safety data sheet is consistent with the chemical safety report for the preparation instead of with the chemical safety report for each substance
in the preparation. ...
... 2. Any actor in the
supply chain who is required, under Articles
14 or
37, to carry out a chemical safety assessment for a substance shall ensure that the information in the
safety data sheet is consistent with the information in this assessment. If the
safety data sheet is developed for a preparation and the actor in the
supply chain has prepared a chemical safety assessment for that preparation, it is sufficient if the information in the
safety data sheet is consistent with the chemical safety report for the preparation instead of with the chemical safety report for each substance
in the preparation. ...
... 3. The
supplier shall provide the recipient at his request with a
safety data sheet compiled in accordance with Annex
II, where a preparation does not meet the criteria for classification as dangerous in accordance with Articles 5, 6 and 7 of
Directive 1999/45/EC, but contains: ...
... 7. Any actor in the
supply chain who is required to prepare a chemical safety report according to Articles
14 or
37 shall place the relevant exposure scenarios (including use and exposure categories where appropriate) in an annex to the
safety data sheet covering identified uses and including specific conditions resulting from the application of Section 3 of Annex
XI. ...
ARTICLE-32: Duty
to communicate information down the supply chain for substances on
their own or in preparations for which a safety data sheet is not
required [
go to this ARTICLE]
... Duty
to communicate information down the
supply chain for
substances on
their own or in preparations for which a
safety data sheet is not
required ...
... 1. Any
supplier of a substance on its own or in a preparation who does not have to
supply a
safety data sheet in accordance with Article
31 shall provide the recipient with the following information: ...
... 1. Any
supplier of a substance on its own or in a preparation who does not have to
supply a
safety data sheet in accordance with Article
31 shall provide the recipient with the following information: ...
... (b) if the substance is subject to
authorisation and details of any
authorisation granted or denied under Title VII in this
supply chain; ...
... 3.
Suppliers shall update this information without delay on the following occasions: ...
ARTICLE-33: Duty to communicate information on substances in articles [
go to this ARTICLE]
... 1. Any
supplier of an article containing a substance meeting the criteria in Article
57 and identified in accordance with Article
59(1) in a
concentration above 0,1 % weight by weight (w/w) shall provide the recipient of the article with sufficient information, available to the
supplier, to allow safe use of the article including, as a minimum, the name of that substance. ...
... 1. Any
supplier of an article containing a substance meeting the criteria in Article
57 and identified in accordance with Article
59(1) in a
concentration above 0,1 % weight by weight (w/w) shall provide the recipient of the article with sufficient information, available to the
supplier, to allow safe use of the article including, as a minimum, the name of that substance. ...
... 2. On request by a consumer any
supplier of an article containing a substance meeting the criteria in Article
57 and identified in accordance with Article
59(1) in a
concentration above 0,1 % weight by weight (w/w) shall provide the consumer with sufficient information, available to the
supplier, to allow safe use of the article including, as a minimum, the name of that substance. ...
... 2. On request by a consumer any
supplier of an article containing a substance meeting the criteria in Article
57 and identified in accordance with Article
59(1) in a
concentration above 0,1 % weight by weight (w/w) shall provide the consumer with sufficient information, available to the
supplier, to allow safe use of the article including, as a minimum, the name of that substance. ...
ARTICLE-34: Duty to communicate information on substances and preparations up the supply chain [
go to this ARTICLE]
... Duty to communicate information on
substances and preparations up the
supply chain ...
... Any actor in the supply chain of a substance or a preparation shall communicate the following information to the next actor or distributor up the
supply chain: ...
... Any actor in the supply chain of a substance or a preparation shall communicate the following information to the next actor or distributor up the
supply chain: ...
...
Distributors shall pass on that information to the next actor or distributor up the
supply chain. ...
ARTICLE-37: Downstream user chemical safety assessments and duty to identify, apply and recommend risk reduction measures [
go to this ARTICLE]
...
Distributors shall pass on such information to the next actor or distributor up the
supply chain.
Downstream users in receipt of such information may prepare an
exposure scenario for the identified use(s), or pass the information to the next actor up the
supply chain. ...
...
Distributors shall pass on such information to the next actor or distributor up the
supply chain.
Downstream users in receipt of such information may prepare an
exposure scenario for the identified use(s), or pass the information to the next actor up the
supply chain. ...
... 3. For
registered substances, the manufacturer,
importer or downstream user shall comply with the obligations laid down in Article
14 either before he next supplies the substance on its own or in a preparation to the downstream user making the request referred
to in paragraph 2 of this Article, provided that the request was made at least one month before the
supply, or within one month after the request, whichever is the later. ...
... Where the manufacturer,
importer or downstream user, having assessed the use in accordance with Article
14, is unable to include it as an identified use for reasons of protection of human health or the environment, he shall provide
the
Agency and the downstream user with the reason(s) for that decision in writing without delay and shall not
supply downstream user(s) with the substance without including these reason(s) in the information referred to under Articles
31 or
32. The manufacturer or
importer shall include this use in Section 3.7 of Annex
VI in his update of the
registration in accordance with Article
22(1)(d). ...
... 4. A downstream user of a substance on its own or in a preparation shall prepare a chemical safety report in accordance
with Annex
XII for any use outside the conditions described in an
exposure scenario or if appropriate a use and exposure category communicated to him in a
safety data sheet or for any use his
supplier advises against. ...
... (b) a chemical safety report is not required to be completed by his
supplier in accordance with Article
14; ...
ARTICLE-38: Obligation for downstream users to report information [
go to this ARTICLE]
... 1. Before commencing or continuing with a particular use of a substance that has been
registered by an actor up the
supply chain in accordance with Articles
6 or
18, the downstream user shall report to the
Agency the information specified in paragraph 2 of this Article, in the following cases: ...
... (d) the identity of the manufacturer(s) or the
importer(s) or other
supplier as specified in Section 1.1 of Annex
VI; ...
... 4. A downstream user shall report to the
Agency if his classification of a substance is different to that of his
supplier. ...
ARTICLE-39: Application of downstream user obligations [
go to this ARTICLE]
... 2. A downstream user may use a substance meeting the criteria set out in paragraph 1 provided that the use is in accordance
with the conditions of an
authorisation granted to an actor up his
supply chain for that use. ...
... 1.
Downstream users using a substance in accordance with Article
56(2) shall notify the
Agency within three months of the first
supply of the substance. ...
... (b) the distribution of costs between actors in the supply chain and the downstream user; ...
ARTICLE-I: GENERAL PROVISIONS FOR ASSESSING SUBSTANCES AND PREPARING CHEMICAL SAFETY REPORTS [
go to this ARTICLE]
... 0.1. The purpose of this Annex is to set out how
manufacturers and
importers are to assess and document that the risks arising from the substance they manufacture or
import are adequately controlled during manufacture and their own use(s) and that others further down the
supply chain can adequately control the risks. This Annex shall also apply adapted as necessary to
producers and
importers of articles required to make a chemical safety assessment as part of a
registration. ...
ARTICLE-II: GUIDE TO THE COMPILATION OF SAFETY DATA SHEETS [
go to this ARTICLE]
... This Annex sets out the requirements for a
Safety Data Sheet that is provided for a substance or a preparation in accordance with Article
31. The
Safety Data Sheet provides a mechanism for transmitting appropriate safety information on classified
substances and preparations, including information from the relevant Chemical Safety Report(s) down the
supply chain to the immediate downstream user(s). The information provided in the
Safety Data Sheet shall be consistent with the information in the Chemical Safety Report, where one is required. Where a Chemical Safety Report
has been performed, the relevant
exposure scenario(s) shall be placed into an annex of the
Safety Data Sheet, to make reference to them under the relevant headings of the
Safety Data Sheet easier. ...
... In addition to the above mentioned information, supply the emergency telephone number of the company and/or relevant official advisory body (this may be the body responsible for
receiving information relating to health, which is referred to in Article 17 of Directive 1999/45/EC). Specify if this phone
number is available only during office hours. ...
... Indicate any other information which the
supplier assesses as being of importance for the health and safety of the user and for the protection of the environment, for example:
...
... - recommended restrictions on use (i.e. non-statutory recommendations by
supplier), ...
ARTICLE-VI: INFORMATION REQUIREMENTS REFERRED TO IN ARTICLE 10 [
go to this ARTICLE]
... Where applicable, an indication of the uses which the registrant advises against and why (i.e. non-statutory recommendations
by
supplier). This need not be an exhaustive list. ...
ARTICLE-XI: GENERAL RULES FOR ADAPTATION OF THE STANDARD TESTING REGIME SET OUT IN ANNEXES VII TO X [
go to this ARTICLE]
... 3.2. In all cases, adequate justification and documentation shall be provided. The justification shall be based on an
exposure assessment in accordance with Section 5 of Annex
I and be consistent with the criteria adopted pursuant to Section 3.3, and the specific conditions of use must be communicated
through the chemical
supply chain in accordance with Articles
31 or
32. ...
ARTICLE-XII: GENERAL PROVISIONS FOR DOWNSTREAM USERS TO ASSESS SUBSTANCES AND PREPARE CHEMICAL SAFETY REPORTS [
go to this ARTICLE]
... The purpose of this Annex is to set out how
downstream users are to assess and document that the risks arising from the substance(s) they use are adequately controlled during their use
for a use not covered by the
Safety Data Sheet supplied to them and that other users further down the
supply chain can adequately control the risks. The assessment shall cover the life-cycle of the substance, from its receipt by the
downstream user, for his own uses and for his identified uses further down the
supply chain. The assessment shall consider the use of the substance on its own, in a preparation or in an article. ...
... The purpose of this Annex is to set out how
downstream users are to assess and document that the risks arising from the substance(s) they use are adequately controlled during their use
for a use not covered by the
Safety Data Sheet supplied to them and that other users further down the
supply chain can adequately control the risks. The assessment shall cover the life-cycle of the substance, from its receipt by the
downstream user, for his own uses and for his identified uses further down the
supply chain. The assessment shall consider the use of the substance on its own, in a preparation or in an article. ...
... In carrying out the chemical safety assessment and producing the Chemical Safety Report, the downstream user shall take
account of information received from the
supplier of the chemical in accordance with Article
31 and
32 of this Regulation. Where available and appropriate, an assessment carried out under Community legislation, (e.g.
risk assessments completed under Regulation (EEC) No 793/93) shall be taken into account in the chemical safety assessment and be reflected
in the Chemical Safety Report. Deviations from such
assessments shall be justified.
Assessments carried out under other international and national programmes may also be taken into account. ...
... STEP 2: IF NECESSARY, A REFINEMENT OF THE HAZARD ASSESSMENT BY THE
SUPPLIER ...
... If the downstream user considers the hazard and
PBT assessments reported in the
Safety Data Sheet supplied to him to be appropriate, then no further hazard assessment or
PBT and
vPvB assessment is necessary. In this case he shall use the relevant information reported by the
supplier for the risk characterisation. This shall be stated in the Chemical Safety Report. ...
... In those cases where the downstream user considers that information in addition to that provided by the
supplier is necessary for producing his Chemical Safety Report the downstream user shall gather this information. Where this information
can only be obtained by testing on vertebrate animals, he shall submit a proposal for a testing strategy to the
Agency in accordance with Article
38. He shall explain why he considers that additional information is necessary. While waiting for results of further testing,
he shall record in his chemical safety report the risk management measures intended to manage the risks being explored that
he has put in place. ...
... Part A of the Chemical Safety Report shall include a declaration that the risk management measures outlined in the relevant
exposure scenarios are implemented by the downstream user for his own uses and that the risk management measures outlined
in the exposure scenarios for the identified uses are communicated down the supply chain. ...
... - impact of a granted or refused
authorisation on the applicant(s), or, in the case of a proposed
restriction, the impact on industry (e.g.
manufacturers and
importers). The impact on all other actors in the
supply chain,
downstream users and associated businesses in terms of commercial consequences such as impact on investment,
research and development, innovation, one-off and operating costs (e.g. compliance, transitional arrangements, changes to existing processes, reporting
and monitoring systems, installation of new technology, etc.) taking into account general trends in the market and technology,
...