REACH foresees communication in the supply chain in two directions:
REACH requires manufacturers and importers of a substance on its own or in a preparation to communicate how their substances or preparations can be used safely for humans and environment.
The main instrument for this communication down the supply chain is the Safety Data Sheet (SDS).
The manufacturer, importer or downstream user will prepare the SDS according to a similar principle as he did before REACH came into force. The main difference is that when required, the SDS will also have an annex including exposure scenarios specifying the conditions under which the substance or preparation can be used safely, for uses that have been identified. The quality of the SDSs is expected to improve due to REACH as more information will be available as a result of the registration process.
If an SDS is not required, the supplier still has to communicate key risk information about the substance, in particular stating if the substance is subject to authorisation or restriction, together with any other available and relevant information to enable appropriate risk management.
Furthermore, suppliers of articles shall inform their customers about substances of very high concern contained in concentrations above 0.1%. Also consumers can request such information.
Distributors are not considered as downstream users under REACH but should pass on information received from their suppliers to their customers to ensure they can use the substance or preparation safely.
Upstream communication by an actor in the supply chain is mandatory in a number of situations. This includes the communication of new information on the hazardous properties that become available as well as of information that may call into question the appropriateness of the risk management measures recommended by the supplier. Distributors have a general obligation to pass on information received to the next actor in the supply chain.
Downstream users have a right to make their use known to the supplier and in doing so have to provide sufficient information to prepare an exposure scenario. This upstream communication will play an important role when a registrant will prepare a chemical safety report, including exposure scenarios if required, as a part of the registration dossier. The manufacturers and importers often do not know what the substance is used for, and how it is used, and therefore need to collect such information from customers in order to assess how risks can be adequately controlled for the different identified uses. The downstream users have on the other hand the detailed knowledge on their uses and also an interest in having these covered by the suppliers’ exposure scenarios thus being able to continue the use and receiving relevant information on how to control possible risks.
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