REACH Communication Requirements and Import Weight

Question: One of our products weighs five grams, and we ship 200,000 pieces per year. It may contain an SVHC under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. Do we have communication requirements, as outlined in this guidance?

James Calder: To meet communication requirements under Article 33, there is no weight threshold for REACH candidate SVHCs in products over the 0.1% weight over weight (w/w) threshold. The same will apply to the upcoming Substances of Concern In Products (SCIP) database.

For notification under Article 7(2), there needs to be a total import of the respective SVHCs above 0.1 percent w/w across all imports over one metric ton per year, and not been registered for the specific use.

Section 3.2.1 of the guidance you’ve referenced clarifies the specific issue with the following:

As concerns the obligations to communicate information on substances in articles in general (i.e. communication towards recipients and consumers), note that:

  • The Candidate List substance concentration threshold of 0.1% w/w applies to every article supplied. This threshold applies to each article of an object made up of more than one article, which were joined or assembled together (complex objects). 
  • There is no tonnage trigger for these obligations. 
  • A distributor supplying articles to consumers does not comply with his communication obligation toward a consumer upon request, just by referring the consumer to his own supplier, or the producer/importer of the articles.
  • The communication obligations arise from the presence of the Candidate List substance in the article. These obligations apply regardless of whether or not the supplier is aware of the presence of the substances. Therefore, it is in the interests of the supplier to seek information on the presence of Candidate List substances.
  • The communication of information at the request of a consumer is independent of whether the article was purchased by that particular consumer.

Content is current as of 2019-10-25.

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