EU REACH Substance Concentration Query

Question:

  1. One of my products has a part in it that exceeds the limit (>0.1% by weight). Do we still have to notify the ECHA about this?
  2. Would one specify in the declaration then that only that part has a SVHC above threshold?


Answer:

On September 10th, 2015, the Court of Justice of the European Union (CJEU) changed the long standing interpretation of Article to require the declaration of SVHCs at a lower level implementing what is known as "Once An Article, Always An Article" (OA5). What this means is that if any part within a product is considered an article per the definition, and that part contains an SVHC over threshold of 0.1% w/w, that SVHC must be declared as being over threshold for the whole product. Within the declaration they can specify the part within the product that is the article over threshold, but the entire product would be considered as over threshold because of that part.

EU REACH Article definition: 'an object which during production is given a special shape, surface or design that determines its function to a greater degree than its chemical composition.' https://echa.europa.eu/regulations/reach/candidate-list-substances-in-articles

Our whitepaper: REACH: Applying the New Article Interpretation http://info.assentcompliance.com/reach-articles-16042 includes information about this very issue.

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