OpenLegislation

Article 38 Obligation for downstream users to report informationX1

United Kingdom

Original text. Later amendments are not shown.

1 .

Before commencing or continuing with a particular use of a substance that has been registered by an actor up the supply chain in accordance with Articles 6 or 18, the downstream user shall report to the Agency the information specified in paragraph 2 of this Article, in the following cases:

( a )

the downstream user has to prepare a chemical safety report in accordance with Article 37(4); or

( b )

the downstream user is relying on the exemptions in Article 37(4)(c) or (f).

2 .

The information reported by the downstream user shall include the following:

( a )

his identity and contact details as specified in Section 1.1 of Annex VI;

( b )

the registration number(s) referred to in Article 20(3), if available;

( c )

the identity of the substance(s) as specified in Section 2.1 to 2.3.4 of Annex VI;

( d )

the identity of the manufacturer(s) or the importer(s) or other supplier as specified in Section 1.1 of Annex VI;

( e )

a brief general description of the use(s), as specified in Section 3.5 of Annex VI, and of the conditions of use(s);

( f )

except where the downstream user is relying on the exemption in Article 37(4)(c), a proposal for additional testing on vertebrate animals, where this is considered necessary by the downstream user to complete his chemical safety assessment.

3 .

The downstream user shall update this information without delay in the event of a change in the information reported in accordance with paragraph 1.

4 .

A downstream user shall report to the Agency if his classification of a substance is different to that of his supplier.

5 .

Except where a downstream user is relying on the exemption in Article 37(4)(c), reporting in accordance with paragraphs 1 to 4 of this Article shall not be required in respect of a substance, on its own or in a F1mixture , used by the downstream user in quantities of less than one tonne per year for that particular use.

Annotations

Textual amendments

F1

Substituted by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance).

Editorial notes

X1

Substituted by Corrigendum to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Official Journal of the European Union L 396 of 30 December 2006).