# 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), Article 38: Obligation for downstream users to report information

Extent: E+W+S+N.I.

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 mixture , used by the downstream user in quantities of less than one tonne per year for that particular use.

---
Source: https://www.legislation.gov.uk/eur/2006/1907/article/38 (the official version)
Page: https://openlegislation.uk/eu-regulation-2006-1907/article-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.