Articles with substances of very high concern: duty to provide information

The European Chemicals Agency ECHA publishes on its website a continuously updated list of substances of very high concern (SVHC) that may be registered in the list of substances subject to authorisation (Annex XIV REACH). At present, the "candidate list" includes inter alia the plasticisers used in plastics: diisobutyl phthalate (DIBP), dibutyl phthalate (DBP), bis 2-ethylhexyl phthalate (DEHP) and benzyl butyl phthalate (BBP). For substances in the candidate list and which are present in a concentration of more than 0.1% (weight per cent) in articles, then according to REACH there is a duty to provide information in the supply chain (Art. 33 REACH). This is independent of the annual tonnage:

  1. Any supplier of an article of this type shall provide the recipient with information for safe use; as a minimum he must state the name of the candidate substance (e.g. dibutyl phthalate).
  2. On request by a consumer, any supplier of an article of this type shall provide information for safe use; as a minimum he must state the name of the candidate substance. This must occur within 45 days and be free of charge.

To enable these obligations to be observed, Swiss exporters shall make available the required information to their clients in the EEA. For this, they should make enquiries, in particular with non-EU suppliers, on whether and how much candidate substances are comprised in the supplied products (articles or ingredients for manufacturing the articles). ECHA recommends those companies that do not receive the required data for fulfilling the REACH obligations from a supplier in a State outside the Community to look around for a supplier established in the Community (see FAQ).

Last modification 19.09.2016

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