Downstream users may be formulators of preparations (e.g. paints, glues, detergents, plastics or rubbers), users of chemicals (e.g. oils, lubricants, antifoams) in industrial processes, professional users (e.g. car repair shops and cleaners) or producers of articles (e.g. electronic components, computers, toys or cars). Distributors and consumers are not regarded as downstream users under REACH. However, distributors must ensure safety information (e.g. a SDS) is provided with the substances they sell and pass on relevant information within the supply chain.
The REACH processes relevant for downstream users are:
Downstream users of substances generally do not have registration obligations, although individuals or companies that also manufacture, import or produce substances in articles may in exceptional circumstances be subject to the usual registration obligations. However, to get the relevant information, downstream users have the right to make their uses known to their suppliers, so that the suppliers can include these uses in their chemical safety assessments as “identified” uses or pass the request up the supply chain. In doing so, they provide sufficient information to allow their supplier to prepare an exposure scenario. Downstream users can give brief general descriptions of uses that can be used as a minimum to identify such uses to the supplier. They can also provide an exposure scenario describing their use to the supplier. The manufacturer is not obliged to supply a substance for a use that he considers he cannot support.
Downstream users must prepare their own chemical safety reports (including the development of exposure scenarios) for uses outside the conditions described in an exposure scenario included in the Safety Data Sheets supplied to them as soon as they use at least 1 tonne per year. This provision enables downstream users to keep their use(s) confidential from their supplier if they should wish to do so.
A downstream user must report to the Agency:
Downstream users must communicate information on dangerous substances and preparations down the supply chain through SDSs. They must communicate information up the supply chain when they gain new information on hazardous properties of the substance or the appropriateness of risk management measures in the SDS supplied to them.
REACH will replace the current Safety Data Sheets Directive. The SDS requirements and responsibilities for downstream users who formulate preparations and supply them further down the supply chain will remain and be extended by the requirement to convey information from any relevant chemical safety assessment (in particular exposure scenarios).
In addition, downstream users may be supplied with additional safety information on the substances and/or preparations they purchase. They must follow this information and will also need to make sure that their customers have all the information necessary to use their products safely.
Downstream users may use a substance for an authorised use provided they obtain the substance from a company that has received an authorisation for this use and they use it within the conditions laid out in that authorisation. The information on the uses covered by the authorisation and any applicable conditions must be provided by the supplier.
Alternatively, downstream users can apply for an authorisation for their own or customers’ uses.
Downstream users and their customers must comply with the restrictions listed in Annex XVII of the REACH Regulation.
See also: