Duty to communicate information on substances in articles - SVHC
To all suppliers
The following applies to all suppliers:
If an article includes > 0.1 per cent weight by weight (w/w) of a substance of very high concern (SVHC), the supplier is obliged under Article 33 of the REACH regulation to provide you, free of charge, with sufficient information to allow safe use of the article. As a minimum, suppliers must provide the name of the substance included in the article. Incidentally, this obligation also applies if consumers request such information from suppliers.
To all manufacturers and importers
The following additionally applies to all manufacturers and importers:
Articles that contain a SVHC must be registered with ECHA if
- the substance has not yet been registered for this use, and
- the substance is present in those articles above a concentration of 0.1 % (w/w), and
- the substance is present in those articles in quantities totalling over one tonne per year.
The following applies to retailers that buy articles within the EU:
As you are neither a manufacturer nor importer of substances, you do not have any legal obligation to register the substances included in your articles. All registration duties are the responsibility of your suppliers. According to Article 33 of the REACH regulation, you only need to pass on the information to your customers. Nevertheless, you should become suspicious if articles emit a strong odour or show clear signs of abrasion, i.e. if substances are obviously released, or if a plastic article allegedly does not contain any softeners. In case of doubt, contact your supplier and ask which substances might be included and whether these substances have been registered in compliance with the REACH regulation.
Frequently asked questions:
Dr. Dieter Reiml
TÜV SÜD Industrie Service GmbH, München