Summary of obligations resulting from inclusion in the Candidate List of Substances of Very High Concern for authorisation

Companies may have legal obligations resulting from the inclusion of substances in the Candidate List. These obligations refer not only to the listed substances on their own or in mixtures but also to their presence in articles.

Substances in Articles

  • From the date of inclusion:
    EU or EEA suppliers of articles which contain substances on the Candidate List in a concentration above 0.1% (w/w) have to provide sufficient information to allow safe use of the article to their customers or upon request, to a consumer within 45 days of the receipt of the request. This information must contain as a minimum the name of the substance.
  • From 2011:
    EU and EEA producers or importers of articles have to notify ECHA if their article contains a substance on the Candidate List. This obligation applies if the substance is present in those articles in quantities totalling over one tonne per producer or importer per year and if the substance is present in those articles above a concentration of 0.1% (w/w).
    • For substances included in the Candidate List before 1 December 2010, the notifications have to be submitted not later than 1 June 2011.
    • For substances included in the Candidate List on or after 1 December 2010, the notifications have to be submitted no later than 6 months after the inclusion.
      Note: A notification is not required when:
      • the producer or importer of an article can exclude exposure of humans and the environment during the use and disposal of the article. In such cases, the producer or importer shall however supply appropriate instructions to the recipient of the article.
      • The substance has already been registered for that use.
 

Substances on their own

From the date of inclusion:
EU and EEA suppliers of substances on the Candidate List have to provide their customers with a safety data sheet.
 

Substances in Mixtures

From the date of inclusion:
EU and EEA suppliers of mixtures not classified as dangerous according to Directive 1999/45/EC have to provide the recipients, at their request, with a safety data sheet if the mixture contains at least one substance on the Candidate List and the individual concentration of this substance in the mixture is ≥ 0.1% (w/w) for non-gaseous mixtures if the substance is persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB). 
 
This is without prejudice to the general obligation, applicable from 1 June 2007, for all EU and EEA suppliers of mixtures not classified as dangerous according to Directive 1999/45/EC to provide the recipients, at their request, with a safety data sheet if the mixture contains a substance with an individual concentration ≥ 1% (w/w) for non-gaseous mixtures and ≥ 0.2% by volume for gaseous mixtures where that substance poses human health or environmental hazards.

 

See also

  • Substances in articles
  • Guidance on REACH
  • REACH Regulations
  • The specific provisions on obligations linked to the substances considered as Substances of Very High Concern and placed on the Candidate List can be found in the REACH Regulation as follows:
    • Art. 7 - Notification to ECHA
    • Art. 31.1 - Provision of Safety Data Sheet
    • Art. 33 - Duty to communicate safe use information or responding to customer requests