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All companies who handle chemical substances on their own or within mixtures will be affected by this legislation. Whilst the main duties of registration are those of the importer or manufacturer of the substance, downstream users even distributors and re-fillers are given tasks (see Supply Chain Duties Under REACH). These duties will lead to much more communication up and down the supply chain.
Supply Chain Duties under REACH?
REACH places duties on the majority of companies involved in the supply chain, not just the manufacturers and importers. It is important to ensure that your company is aware of its duties to avoid falling outside regulatory compliance. Below are outlined some of the obligations within the supply chain, although the ECHA website should be consulted to ascertain your company’s full duties.
Manufacturers and Importers
It is the duty of manufacturers and importers (assuming their import of a substance is over 1 Tonne per year) to own a valid registration/pre-registration (dependent on the point in the REACH process). The registration includes the Chemical Safety Report/Assessment as well as the generation and communication of exposure scenario’s down the supply chain.
General Downstream Users
The REACH guidance prepared by the Commission, with input from Industry, consultants and trade associations, has identified a number of different types of downstream user each with different obligations under REACH, including distributors, re-fillers, formulators, article producer etc.
The REACH navigator provided on the ECHA website, is an excellent tool to ascertain your duties under REACH. The table below is a summary taken from the draft guidance for downstream users available on the ECB website.
| Obligations of downstream users and distributors (including retailers and storage providers) |
Identify roles and obligations |
| Inform suppliers of any new information on hazards, including classification and labelling |
| Communicate information that might call into question the appropriateness of the risk management measures in any exposure scenario received |
| Distributors shall pass on relevant exposure scenarios and use the relevant information in the safety data sheet (SDS) received when compiling own SDS. Furthermore distributors shall provide customers with the information that is supplied to him in accordance with Article 32 of REACH regulation. Downstream users that supply substances or preparations have additional obligations, as described below. |
| Additional obligations for downstream users (formulators, end-users, refillers) |
Identify and apply appropriate measures to control the risks communicated in safety data sheet or other information supplied with non-dangerous substances or preparations |
| Check compliance with an exposure scenario, if you receive one from your supplier, and take further action in case of non-compliance |
| For substances subject to authorization, comply with the conditions of the authorization covering your use. You may need to apply for an authorization if your use is not covered by an authorization granted to a supplier and you want to continue this use. |
| Check compliance with any restrictions on the substance |
| Additional obligations for formulators and re-fillers only |
Provide information to your customers and to retailers / consumers to enable safe use of substances or preparations Downstream users that supply substances or preparations shall recommend appropriate measures to control risks, identified in SDS, the information that is supplied to him in accordance with Article 32 of REACH regulation, or in own chemical safety report. |
| Additional obligations for article producers only |
Provide information to enable safe use of articles you produce or supply containing substances of very high concern in concentrations above 0.1 % w/w and, if requested, to consumers (Article 33). |
| Additional obligations for distributors only |
Forward requests to make a use an identified use to the next actor or distributor up the supply chain. |
| Obligations of Re-importer |
Document substance(s) are identical to those registered in the EU by you or someone in your supply chain. Have documentation according to Article 31 (safety data sheet and exposure scenario where applicable) or Article 32 available |
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