Two types of obligations are imposed on downstream users. First, they must perform a chemical safety assessment in accordance with Annex IX to the draft REACH Regulation. The downstream user may use the exposure scenario(s) communicated by his supplier as the basis for his chemical safety assessment, if these scenarios are appropriate. Second, downstream users are obliged to report certain information to the European Chemicals Agency if their use of a registered substance is not covered by the chemical safety report communicated by his supplier, or if he uses risk management measures different from those communicated to him by his supplier. Importantly, reporting is not required if the substance, on its own or in a preparation, is used by the downstream user in quantities of less than 250 kg per year.
Issues of concern
Even when the exposure scenarios identified by his supplier are "appropriate for his use", it remains unclear whether the downstream user may use the chemical safety report provided by his supplier, through a form of "me too" reporting, or whether he must conduct further chemical safety assessments and then submit a full report.
(The provisions relating specifically to downstream users are included in Points 32 to 34 of the Regulation.)
Last Updated: May 2003