Candidate List of Substances of Very High Concern brings new duties for companies

https://www.chemnet.com   Oct 28,2008

ECHA’s Executive Director Geert Dancet said: “All companies should take note of the Candidate List. It is critical they know that the inclusion of the substances in the list generates immediate new legal obligations for the communication in the supply chain.”

On 8 October 2008, the Member State Committee unanimously agreed on the identification of 14 substances as SVHC. Beforehand, one substance was identified as SVHC without Member State Committee involvement, as no comments were provided during the public consultation. The Candidate List of the 15 substances is available on the ECHA website and in the table below.

IMPACT OF THE LISTING

Companies may have legal obligations resulting from the inclusion of the substances in the Candidate List from the date of inclusion. These obligations are linked to the listed substances on their own, in preparations and in articles.

OBLIGATIONS: ARTICLES

• From 28 October 2008, EU & EEA suppliers of articles which contain substances on the Candidate List in a concentration above 0.1% (w/w) must provide sufficient information, available to them, to their customers and on request to a consumer within 45 days of the receipt of this request. This information must ensure safe use of the article and, as a minimum, include 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 above 0.1% (w/w) and its quantities in the produced/imported articles are above 1 tonne in total per year per company.

- • 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. OBLIGATIONS: SUBSTANCES

- • From 28 October 2008, EU & EEA suppliers of a substance have to provide a safety data sheet to their customers when the substance is on the Candidate List.

OBLIGATIONS: PREPARATIONS

- • From 28 October 2008, EU and EEA suppliers of a preparation 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 preparation contains at least one substance on the Candidate List and its individual concentration is at least 0.1% (w/w) for non gaseous preparations and at least 0.2% by volume for gaseous preparations.

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