Main duties of downstream users
You, as downstream user under REACH must meet the following main obligations:
- the following of instructions on the available safety data sheet/sheets or on the exposition scenarios attached to the sheets; when the exposition scenario does not cover your utilization, you can contact your vendor to ensure, that the utilization will be included in an exposition scenario, or it might be necessary to develope an own chemical safety report;
- contact your vendors, if you have new information regarding the risks of the material/preparation, or when you think that the risk management measures are not appropriate
- inform your consumers:
- of the related hazards and the conditions of safe use, if you are engaged in the production, and provide a proper guidance regarding the magamement of risks
- if each very hazardous, to be approved material in the article produced by you the concentration limit of 0,1weight (m/m) exceeds.
When do the downstream users need to meet the requierments of REACH?
REACH entered into force on 1st June 2007., and from that day on the obligations regarding the information transmission within the supply chain took effect, for example the mandatory disposure of safety data sheets at distribution of hazardous materials and preparations.
However obligations realting to the registration of substances shall be required only from the 1st June 2008.
For example to comply with the exposure scenario prepared by the supplier (or the development of such a utilization wich is not included in the scenario) becomes mandatory 12 months after the downstream user a safety data sheet with registration number recieves.
According to REACH the downstream users may not distribute materials, wich are not registered with the provisions of REACH. That means, your products can contain only material, wich are:
- produced or imported in the amount of less then 1 tonne/year by the vendor, or
- exempted for the registration requierments (in accordance with the exemptions set out in REACH Annex IV. and V.), or
- are pre-registered and have a later registration deadline, or
- already registered.
In the practice you must ensure, that your vendor knows the REACH requierments and meets these conditions. You must obtain a statement from the vendor, in wich he declares, that he is aware of the requierments, complies and verifies it, that his vendors their activities in accordance with REACH requierments do, as well asks for a proof, that the pre-registration happened, or will hapen.
It is advisable to start the preparation for the REACH Regulation, that you enquire from your vendors, are they attempting to pre-registrate and later registrate and discuss together the utilities used by you, so that the registration will exist for these utilities. In addition, when you are in posess of information – such as test data – with the utilisation wich you use, you may want to contact the Agency to become a participant of the SIEF.
What do you need to do when you recieve a safety data sheet?
According to REACH, you must comply with the conditions specified in the safety data sheet or the exposition scenario attached to the safety data sheets. In addition when the safety data sheet does not include your used utility or contraindicates it, may be necessary to develope an own chemical safety assesment.
Implementation and monitoring of the exposure scenario
To some of the safety data sheets there is also an exposure scenario attached. This is a new element of REACH.
The fact that an exposure scenario is attached to a safety data sheet depends on the hazard of the substance, and the quantity produced/imported by the manufacturer/importeur who registered the material. If you recieve an exposure scenario attached to the safety data sheet, you must that you meet the requierments mentioned in the scenario.
It should be noted, that in addition of meeting the requierments of REACH, you must also comply with the workers’ health and the enviroment protection legislation currently in force.
What do you need to do, if you don’t get a safety data sheet?
If no safety data sheet is attached to the material used by you, does not mean that you do not need to make risk managing measures (and communicate itt to other actors of the supply chain), that the supplier present to you in another way.