{
  "url": "https://openlegislation.uk/eu-regulation-2006-1907/article-38",
  "json_url": "https://openlegislation.uk/eu-regulation-2006-1907/article-38.json",
  "legislation": "eur/2006/1907",
  "legislation_title": "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 (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2006-1907",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": "Obligation for downstream users to report information",
  "text": "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:\n( a ) the downstream user has to prepare a chemical safety report in accordance with Article 37(4); or\n( b ) the downstream user is relying on the exemptions in Article 37(4)(c) or (f).\n2 . The information reported by the downstream user shall include the following:\n( a ) his identity and contact details as specified in Section 1.1 of Annex VI;\n( b ) the registration number(s) referred to in Article 20(3), if available;\n( c ) the identity of the substance(s) as specified in Section 2.1 to 2.3.4 of Annex VI;\n( d ) the identity of the manufacturer(s) or the importer(s) or other supplier as specified in Section 1.1 of Annex VI;\n( 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);\n( 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.\n3 . The downstream user shall update this information without delay in the event of a change in the information reported in accordance with paragraph 1.\n4 . A downstream user shall report to the Agency if his classification of a substance is different to that of his supplier.\n5 . 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 mixture , used by the downstream user in quantities of less than one tonne per year for that particular use.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)."
    },
    {
      "type": "X",
      "label": "X1",
      "text": "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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2006/1907/article/38",
    "retrieved_at": "2026-11-01T14:53:13.283023+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}