Per January 13, 2010, the European Chemicals Agency (ECHA) in Helsinki has put 14 additional chemicals as ‚substances of very high concern’ (SVHC) onto the candidate list under REACH. Substances of the candidate list might be transferred into Annex XIV of the REACH regulation. This means that as of a date still to be defined their production and use might need an authorisation by ECHA.
In the first version of the candidate list, effective October 28, 2008, ECHA had defined 15 substances. The enlargement of the candidate list has immediate consequences for all companies subject to information obligations versus their customers according to art. 33 REACH. This article rules that every member of the supply chain has to pass information to his business client as soon as the article delivered by him contains one or more substances of the candidate list in a concentration higher than 0.1 mass%. Versus a consumer, this obligation has to be complied with by responding to an inquiry within a period of 45 days.
The information obligation of producers, importers, distributors or dealers has become effective by ECHA’s announcement of the new candidate list, January 13, 2010.