Question: When SVHC(s) are present in an article, what are the reporting and supply chain communication requirements under REACH?
Answer: REACH requires notification to ECHA (under Article 7) if SVHC(s) are contained at or above 0.1% w/w (weight to weight) in an article, and:
- The volume of the SVHC manufactured in or imported into the EU (in all articles at or over the 0.1% threshold that are manufactured/imported by the same party) exceeds 1 ton per year; and
- The SVHC presents an exposure risk to humans or the environment during normal or reasonably foreseeable use of the product; and
- The substance is not already registered for the use in question.
REACH also requires communication to downstream users on the safe use of a product/substance (under Article 33) if the product contains one or more SVHCs at or above 0.1% w/w within the article, regardless of the 1-ton annual threshold. For new SVHCs, this must be provided as soon as an SVHC is added to the list.
More specifically, this communication must provide enough information to downstream recipients to allow the article to be used safely. As a minimum, this must include the name of the substance in question. Downstream users (or recipients) include industrial users and distributors, but not consumers. If a consumer requests this information, the supplier must provide it within 45 days, free of charge.
Note: Some substances on the SVHC list are also on the REACH Authorisation list (Annex XIV). For these substances, an official authorisation is also required before the substance can be used in the EU. For more information, see Authorisation Under the Reach Regulation (Annex XIV).
Article valid as of Sept. 20, 2019.