Annex 3 of the Chemicals Ordinance (ChemO) contains the list of substances of very high concern. The Swiss Authorities actualise this list regularly taking into account the development in the EU. The substances listed are triggering a duty to communicate information.
Substances of very high Concern (SVHC)
Substances of very high concern show at least one of the following properties:
- germ cell mutagenicity
- reproductive toxicity
- PBT (persistent, bioaccumulative and toxic)
- vPvB (very persistent and very bioaccumulative)
- comparable properties if concern (for example endocrine disrupting properties)
The European Chemicals Agency puts substances identified according to a defined procedure on the candidate list of the EU. The Commission published a roadmap 2020 with the further procedures to identify SVHC (see Roadmap on Substances of Very High Concern in the links below).
In Switzerland Annex 3 ChemO is regularly actualised taking into account the development in the EU.
Duty to communicate information on SVHC in articles
Any supplier of an article containing a substance of very high concern 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, concerning the existence of the substance in the article and to allow safe use of the article (art. 71 ChemO). In case of professional or commercial recipients, the information has to be given unrequested, in case of private recipients within 45 days on request. More information see the link "Use your right to ask"
Important: The duty to communicate has to be fulfilled from the moment of the enclosure of the SVHC on Annex 3 ChemO.
The relevant concentration limit of 0.1 % weight-by-weight (w/w) corresponds to each part of the article.
Regarding the form of information, Art. 71 ChemO is deliberately so open that it offers the same possibilities as the Guideline on Requirements for Substances in Articles of the European Chemical Agency. This leaves sufficient space for the individual case to be addressed in the perception of the information obligation (see Faktenblatt zur Informationspflicht nach Art. 71 ChemV below in "Documents").
Candidate substance for an inclusion in Annex 1.17 of the Chemical Risk Reduction Ordinance
In Switzerland the SVHC listed in Annex 3 ChemO are candidate substances for an inclusion in Annex 1.17 of the Chemical Risk Reduction Ordinance (ORRChem). Substances listed in Annex 1.17 ORRChem can only be placed on the market or used on a professional or commercial basis after a certain date in Switzerland with a granted exemption or in cases where an authorisation has been granted by the European Commission.
Last modification 08.10.2021