The obligations of distributors in the REACH communication

REACH knowledge base – The obligations of distributors in REACH communication

 

REACH distinguishes between the types of information that must be forwarded “downstream” or “upstream” in the supply chain. Information is forwarded downstream to the end user from the manufacturer (as the primary data owner), possibly through one or more distributors (mainly in the form of a safety data sheet). At the same time, the registrant needs certain data from the users of the substance or mixture (e.g. identified uses, technologies used during use, etc.) in order to prepare exposure scenarios for the identified uses as part of the chemical safety assessment.

It should be noted that a broader range of data and information exchange than the above is needed to enable all members of the supply chain to fulfil their tasks properly.

 

REACH communication obligations for distributors towards buyers

  • towards consumers (general public)
  • towards users (professional or industrial users)*

*A user may also purchase a product in a retail outlet, but regardless of this, the distributor’s obligations do not change (e.g. a safety data sheet must be provided where applicable).

 

Data and information to be supplied to the end user in the supply chain

  • A statement should be sent to other participants in the supply chain in which the supplier declares that they are familiar with and will apply the requirements of the REACH Regulation. It is also possible to indicate whether pre-registration has been completed, or to provide information on the expected date of registration. (1)
  • Providing a safety data sheet, or if a safety data sheet is not mandatory for the product, all information necessary for the safe handling and use of the product. (2)

In practice, such a statement is not always sent by registrants, so it may be worthwhile to proactively request it from the supplier.

This includes, where appropriate, forwarding extended safety data sheets with exposure scenarios (eSDSs) and supplying the registration number either in the safety data sheet or, if no safety data sheet is required for the substance or mixture, by other means (once REACH registration has been completed by the applicable deadline, where the manufacturer/importer is obliged to register).

 

REACH communication obligations for distributors towards the manufacturer/importer – data and information to be transmitted

  • Identified uses (1)
  • Forwarding information on use (e.g. technology description) upstream in the supply chain so that the manufacturer or importer can prepare or update the exposure scenario for the given use.
  • Providing suppliers with new hazard information (2)

 

Communicating identified uses:

If a safety data sheet is required for the substance, then after registration of the substance, the relevant information on the registered uses will be communicated to all members of the supply chain in the safety data sheet. This also means that it is advisable to disclose information about identified uses to the manufacturer of the substance before the registration deadlines, so that we can receive a safety data sheet that also contains relevant information for us. In this process, the distributor has a data intermediary role and may draw customers’ attention to these advantages.

Providing suppliers with new hazard information:

Customers of distributors (i.e. downstream users) may include companies that have data on the hazardous properties of the substance.

Therefore, for the purposes of the Regulation, all data should be considered “new” that the supplier has not previously communicated to downstream users and that are not available in public databases or in the literature (e.g. observations on acute human health effects in the workplace).

All members of the supply chain, including the distributor, who receive such information from buyers must pass it upstream to the next member of the supply chain.

 

Rules for the transmission of confidential information

(Data and information that members of the supply chain are not required to disclose)

  • details of the full composition of a mixture
  • without prejudice to Article 7(6) and Article 64(2), the precise use, function or application of a substance or mixture, including information about its precise use as an intermediate (1)
  • the precise tonnage of the substance or mixture manufactured or placed on the market (2)
  • the links between a manufacturer or importer and their distributors or downstream users

(1) Identified uses can also be specified by using SU codes (sector of use).

(2) According to the quantity ranges presented in the “registration deadlines”, it is sufficient to provide the annual quantities manufactured/imported.

 

Substances exempted from REACH communication obligations

REACH excludes some materials used in articles from its scope, so REACH procedures do not apply to these:

  • Member State national exemptions for substances used in the interest of defence

 

There is no need to apply the provisions on registration, evaluation, restriction and information forwarding in the supply chain:

  • Animal nutrition (within the scope of Council Directive 82/471/EEC)

There is no need to apply the provisions on information forwarding in the supply chain:

  • Cosmetic products (within the scope of Council Directive 76/768/EEC)
  • Medical devices (if the information is similar to that described in Directive 1999/45/EC)
  • Food or feed (Food Safety Regulation (EC) No 178/2002), including food additives in foodstuffs, flavourings in foodstuffs, additives in feed, and uses in animal nutrition
  • Medicinal products for human or veterinary use

For more information on exemptions, see REACH Article 2.

 

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