Information in the Supply Chain

Information flow up and down the supply chain is a key feature of REACH. Users of chemicals need to know and understand the hazards involved in using chemicals and how to control the risks.

The obligations on a company with respect to information in the supply chain depend on the role they have in the supply chain.

Manufacturers

Manufacturers have a responsibility to inform their customers how to use their chemicals safely, by providing an (extended) safety data sheet and labelling the chemicals appropriately. Manufacturers must also grant access to the information to their own workers and their representatives.

Customers of the manufacturer have the right, and in some cases an obligation, to communicate information back up the supply chain. They have the right to make a use known upstream to their supplier, with the aim that this use may be covered by the registration. They also have the obligation to communicate new information on hazardous properties upstream and any information that might call into question the appropriateness of the risk management measures identified in the safety data sheet supplied to them. Manufacturers should have mechanisms in place to facilitate this upstream communication.

Importers

Importers also have a responsibility to inform their customers how to use their chemicals safely. How this is done depends on whether they import substances, mixtures or articles.

Importers of substances have the same obligations as a manufacturer described above and may need to provide information through a (extended) safety data sheet. Importers of hazardous mixtures must provide a (extended) safety data sheet as well as ensure the mixtures are labelled and packaged in accordance with CLP. Companies who import articles that contain a substance(s) of very high concern above certain concentrations must provide sufficient information to their customers to allow safe use of the article. This is required as soon as the substance is added to the Candidate List. They must also notify ECHA in specific cases.

The importers’ customers have the same rights and obligations as outlined above for the customers of manufacturers and therefore, importers should have mechanisms in place to facilitate the upstream communication.

Only Representatives

Only Representatives (ORs) have a responsibility to provide information to importers – their downstream users – so that they can compile safety data sheets.

The ORs customers have the same rights and obligations as outlined above for the customers of manufacturers and importers and therefore, ORs should have mechanisms in place to facilitate the upstream communication.

Distributors

Distributors have a responsibility to pass information up and down the supply chain, between the manufacturers, formulators and users of chemicals. In the case of a hazardous substance or mixture, distributors must provide a safety data sheet, or an extended safety data sheet backed up by exposure scenarios.

Distributors of articles containing substances of very high concern (SVHC) have a duty to provide customers with sufficient information to allow the safe use of the article, including, as a minimum, the name of the SVHC.

Distributors who sell to consumers must ensure that the hazardous products are labelled and packaged correctly.

The distributors’ customers have the same rights and obligations as outlined above for the customers of manufacturers, importers and ORs and therefore, distributors should have mechanisms in place to facilitate the upstream communication.

Downstream users

Downstream users need to inform suppliers, without delay, if the recommended risk management measures are inappropriate and whenever new information on hazards becomes available.

Downstream users are also entitled to provide information regarding their uses of a substance (or substance in a mixture) to suppliers of substances. This enables registrants to include these uses in their chemical safety assessments.

Further information can be found on ECHA website.