TITLE IV
INFORMATION
IN THE SUPPLY CHAIN
Article 31
Requirements for safety data sheets
1.
The supplier of a substance or a preparation shall provide the recipient
of the substance or preparation with a safety data sheet compiled in accordance
with Annex II:
(a)
where a substance or preparation meets the criteria for classification as dangerous in accordance with
Directives 67/548/EEC or 1999/45/EC; or
(b)
where a substance is persistent,
bioaccumulative and toxic or very persistent and very bioaccumulative in
accordance with the criteria set out in Annex XIII; or
(c)
where a substance is included in
the list established in accordance with Article 59(1) for reasons other than
those referred to in points (a) and (b).
2.
Any actor in the supply chain who is required, under Articles 14 or 37,
to carry out a chemical safety assessment for a substance shall ensure that the
information in the safety data sheet is consistent with the information in this
assessment. If the safety data sheet is developed for a preparation and the
actor in the supply chain has prepared a chemical safety assessment for that
preparation, it is sufficient if the information in the safety data sheet is
consistent with the chemical safety report for the preparation instead of with
the chemical safety report for each substance in the preparation.
3.
The supplier shall provide the
recipient at his request with a safety data sheet compiled in accordance with
Annex II, where a preparation does not meet the criteria for classification as
dangerous in accordance with Articles 5, 6 and 7 of Directive 1999/45/EC, but
contains:
(a)
in an individual concentration of
1 % by weight for non-gaseous preparations and 0,2 % by volume for gaseous
preparations at least one substance posing human health or environmental
hazards; or
(b)
in an individual concentration of
0,1 % by weight for non-gaseous preparations at least one substance that is
persistent, bioaccumulative and toxic or very persistent and very
bioaccumulative in accordance with the criteria set out in Annex XIII or has
been included for reasons other than those referred to in point (a) in the list
established in accordance with Article 59(1);or
(c)
a substance for which there are
Community workplace exposure limits.
4.
The safety data sheet need not be supplied where dangerous substances or
preparations offered or sold to the general public are provided with sufficient
information to enable users to take the necessary measures as regards the
protection of human health, safety and the environment, unless requested by a
downstream user or distributor.
5.
The safety data sheet shall be
supplied in an official language of the Member State(s) where the substance or
preparation is placed on the market, unless the Member State(s) concerned
provide otherwise.
6.
The safety data sheet shall be dated and shall contain the following
headings:
1. identification of the substance/preparation and of the
company/undertaking;
2. hazards identification;
3. composition/information
on ingredients;
4. first-aid
measures;
5. fire-fighting
measures;
6. accidental release measures;
7. handling and storage;
8. exposure controls/personal protection;
9. physical and chemical properties;
10. stability and reactivity;
11. toxicological
information;
12. ecological information;
13. disposal considerations;
14. transport information;
15. regulatory information;
16. other information.
7.
Any actor in the supply chain who
is required to prepare a chemical safety report according to Articles 14 or 37shall place the relevant exposure scenarios (including use and exposurecategories where appropriate) in an annex to the safety data sheet covering
identified uses and including specific conditions resulting from the
application of Section 3 of Annex XI.
Any downstream user shall include relevant
exposure scenarios, and use other relevant information, from the safety data
sheet supplied to him when compiling his own safety data sheet for identified
uses.
Any distributor shall pass on relevant exposure
scenarios, and use other relevant information, from the safety data sheet supplied to him when compiling his own safety data sheet for uses for which he
has passed on information according to Article 37(2).
8.
A safety data sheet shall be provided free of charge on paper or
electronically.
9.
Suppliers shall update the safety
data sheet without delay on the following occasions:
(a)
as soon as new information which
may affect the risk management measures, or new information on hazards becomes
available;
(b)
once an authorisation has been
granted or refused;
(c)
once a restriction has been
imposed.
The new, dated version of the information,
identified as "Revision: (date)", shall be provided free of charge on
paper or electronically to all former recipients to whom they have supplied the
substance or preparation within the preceding 12 months. Any updates following
registration shall include the registration number.
Article 32
Duty to communicate information down the supply chain
f or substances on their own or in preparations
for which a safety data sheet is not required
1.
Any supplier of a substance on its own or in a preparation who does not
have to supply a safety data sheet in accordance with Article 31 shall provide
the recipient with the following information:
(a)
the registration number(s)
referred to in Article 20(3), if available, for any substances for which
information is communicated under points (b), (c) or (d) of this paragraph
(b)
if the substance is subject to
authorisation and details of any authorisation granted or denied under Title
VII in this supply chain;
(c)
details of any restriction imposed
under Title VIII;
(d)
any other available and relevant
information about the substance that is necessary to enable appropriate risk
management measures to be identified and applied including specific conditions
resulting from the application of Section 3 of Annex XI.
2.
The information referred to in
paragraph 1 shall be communicated free of charge on paper or electronically at
the latest at the time of the first delivery of a substance on its own or in a
preparation after 1 June 2007.
3.
Suppliers shall update this information without delay on the following
occasions:
(a)
as soon as new information which
may affect the risk management measures, or new information on hazards becomes
available;
(b)
once an authorisation has been
granted or refused;
(c)
once a restriction has been
imposed.
In addition, the updated information shall be
provided free of charge on paper or electronically to all former recipients to
whom they have supplied the substance or preparation within the preceding 12
months. Any updates following registration shall include the registration
number.
Duty to communicate information on substances
in articles
1.
Any supplier of an article containing a substance meeting the criteria in Article 57 and identified in
accordance with Article 59(1) in a concentration above 0,1 % weight by weight
(w/w) shall provide the recipient of the article with sufficient information,
available to the supplier, to allow safe use of the article including, as a
minimum, the name of that substance.
2.
On request by a consumer any
supplier of an article containing a substance meeting the criteria in Article
57 and identified in accordance with Article 59(1) in a concentration above 0,1
% weight by weight (w/w) shall provide the consumer with sufficient
information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance.
The relevant information shall be provided,
free of charge, within 45 days of receipt of the request.
Article 34
Duty to communicate information on
substances and preparations up the supply chain
Any actor
in the supply chain of a substance or a preparation shall communicate the
following information to the next actor or distributor up the supply chain:
(a)
new information on hazardous properties, regardless of the uses
concerned;
(b)
any other information that might
call into question the appropriateness of the risk management measures identified in a safety data sheet supplied to him, which shall be communicated
only for identified uses.
Distributors shall pass on that information to the next actor or distributor up the supply
chain.
Article 35
Access to information for workers
Workers and
their representatives shall be granted acces s by their employer to the information
provided in accordance with Articles 31 and 32 in relation to substances or
preparations that they use or may be exposed to in the course of their work.
Article 36
Obligation to keep information
1. Each manufacturer, importer, downstream user and distributor shall assemble and keep available all the information he requires to carry out his duties under this Regulation for a period of at least 10 years after he last manufactured, imported, supplied or used the substance or preparation. That manufacturer, importer, downstream user or distributor shall submit this information or make it available without delay upon request to any competent authority of the Member State in which he is established or to the Agency, without prejudice to Titles II and VI.
2.
In the event of a registrant, downstream user or distributor ceasing
activity, or transferring part or all of his operations to a third party, the
party responsible for liquidating the registrant, downstream user or
distributor's undertaking or assuming responsibility for the placing on the
market of the substance or preparation concerned shall be bound by the
obligation in paragraph 1 in place of the registrant, downstream user or
distributor.