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Home » REACH Regulation: The difference between distributor and downstream user

REACH Regulation: The difference between distributor and downstream user

Published On: 21 September 2020By Categories: SDB-Profi, GefStoff-ProfiTags: ,
Difference between distributor and downstream user

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With the upcoming Product Change Notification (2021), the question about the difference between distributor and downstream user arises again. After all, distributors have quite different obligations. For better understanding, I will provide a short summary of the definition of downstream users under REACH before addressing the differences.

Downstream users under REACH

Chemicals are not just manufactured and then used by the customer straight away. In general, basic chemicals are manufactured and mixed together by many intermediaries before they are finally used commercially or privately. In the ECHA guidelines, this results in the following definition of the downstream user: “[…] downstream user, i.e. someone who uses a substance by itself or in  a mixture in connection with their industrial or commercial activity.” Information on the product is transmitted by the intermediaries through safety data sheets. In accordance with REACH, downstream users, that is to say users of chemicals not manufactured by themselves, are obliged to transmit information along the supply chain. In addition, safety data sheets are created for own products, or uses are defined and checked with the manufacturer.

Difference between distributor and downstream user

How to create a sds

A distributor stores and/or puts a hazardous substance in circulation. The hazardous substance was not produced by the distributor. As soon as the hazardous substances are used by a distributor, the role of downstream user applies. If you import hazardous substances into the European REACH jurisdiction, you are also a downstream user. If you label a hazardous substance with your own product label, you are a “rebrander” and as such continue to be counted as a distributor.

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But here, too, there are exceptions: If the hazardous substance is refilled into different containers, you are a downstream user again. The “retailer” is also considered to be a sub-category of the distributor. The difference is that the retailer puts hazardous substances into circulation for end users/commercial users through retail shops. It is interesting to note that for retail, too, refilling and mixing of products – such as colours – is considered an activity of a downstream user and is no longer included in the role of a retailer.

Obligations of distributors

Transmission of information: The most fundamental obligation is the transmission of information along the supply chain. Users and other downstream users may want to communicate uses to the manufacturer or request information about uses. In the same way, the manufacturer can be informed about hazards and new findings. For their own substance safety assessments, a user may also require additional information from the manufacturer.

Documentation: If you transmit information along the supply chain, queries and answers must also be documented by you. Likewise, it must be stored for up to 10 years after the last delivery of the hazardous substance in accordance with Section 36 of the REACH Regulation. The ECHA guidelines for downstream users (Annex 1 on the obligations of distributors) recommend written documentation. Recent developments: From 2021, additional interesting challenges will arise, also for distributors, through the new European Product Change Notification (PCN, including UFI). This article provides detailed information on the topic of distributors and PCN.

Sources: Regulation (EC) No. 1907/2006 (REACH Regulation), consolidated version, as of 28/04/2020 ECHA guidelines for downstream users, version 2.1 European Chemicals Agency, October 2014, ISBN 978-92-9244-148-7

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