Obligations according to Article 33

The aim of Article 33 is to ensure that sufficient information is communicated down the supply chain to allow the safe use of articles.

• A supplier of articles containing a SVHC included on the Candidate List for authorisation in a concentration above 0.1% (w/w). Has to provide relevant safety information about this substance available to him to the recipients of these articles (Article 33(1)).
• If no particular information is necessary to allow safe use of the article containing a substance from the Candidate List, as a minimum the name of the substance in question has to be communicated to the recipients.
• The information is to be provided to the recipients automatically, i.e. as soon as the substance has been included on the Candidate List for authorisation. Note that the term “recipients” refers to industrial or professional users and distributors, but not to consumers.
• Upon request of a consumer, the same supplier of articles has to provide relevant safety information about the SVHC available to him also to this consumer (Article 33(2)). The consumer has to be provided with this information within 45 calendar days of the request and free of charge

As concerns the obligations to communicate information on substances in articles in general (i.e. communication with recipients and consumers). Please note that:

• There is no tonnage trigger for these obligations (i.e. they also apply below 1 tonne per year).
• Packaging is always to be treated as article(s) separate from the contents of the packaging. Therefore, the obligations to communicate information on substances in articles also apply to packaging materials.
• The substance concentration threshold of 0.1% (w/w) applies to the article as supplied.
• The obligations also apply to goods that were produced or imported before the substance was included in the candidate list. And are supplied after the listing. Thus, the date of supply of the article is the relevant date.
• The substance name to be communicated is the one appearing on the Candidate List for authorisation.

Definitions:

article producer is a company. If it produces articles within the EEA. It doesn’t matter how the products are made. Or where they are placed on the market. (Producer of an article: means any natural or legal person who makes or assembles an article within the Community. (Article 3(4).

article importer is any company located inside the EEA that imports articles from countries. That are located outside the EEA. (Importer: means any natural or legal person established within the Community who is responsible for import (Article 3(11)). Import: means the physical introduction into the customs territory of the Community (Article 3(10).

article suppliers are article producers and importers (as well as other actors in the supply chain such as retailers). If they place articles on the market in the EEA. Thus, the role of article supplier is irrespective of whether the supplier produces the articles himself. Or whether he purchases them (inside or outside of the EEA). (Supplier of an article: means any producer or importer of an article. Distributor or other actor in the supply chain placing an article on the market (Article 3(33), including retailers (Article 3(14).