REACH terms & conditions

Special terms and conditions relating to REACH-Regulation (EC) No 1907/2006 and other regulations

 

The supplier commits to deliver only contractual products which correspond to the REACH regulation; requirements laid down in the following regulations shall apply and be kept by the supplier within the framework of its contractual arrangements with us:

• Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16th September 2009 on substances that lead to a depletion of the ozone layer,  in its respective current edition
• Global automotive declarable substance list (GADSL) in its respective actual  version (see www.gadsl.org)

The requirements according to REACH in particular affect:

 

Article 33 (1)

(immediate information requirements of SVHC substances in products to commercial customers). The supplier in writing informs us if substances of the candidate list are included in the contractual products. It should be noted that the publication or updating of the "candidate list" directly and without transition periods triggers the duty to inform us. The ECHA candidate list is published with all applicable updates on the ECHA website: echa.europa.eu. The obligation arises once the limit of 0,1 weight-% per product is exceeded. In case substances of more than 0.1 weith-% are contained in the supplied contractual products or their packaging, the supplier has to give following particulars relating to the part product and the overall product::

• Names of substances,
• The associated EINECS number, CAS number
• Specifying  a typical concentration in weight-% or concentration range of the part product and of the overall product.
• Information for safe use.

 

Article 31(3)

(delivery of SDS for mixtures that do not meet the classification as dangerous). Does our product consist of a mixture, or is such a mixture included in products, which for themselves were not classified as dangerous, but which meet the following conditions, the supplier has to send a safety data sheet:

a.    for non-gaseous mixtures in an individual concentration of ≥ 1% by weight and gaseous mixtures in an individual concentration of ≥ 0.2% by volume containing at least one harmful or environmentally hazardous substance or

b.    for mixtures in an individual concentration of ≥ 0,1% by weight containing at least a persistent, bioaccumulative and toxic or very persistent and very bioaccumulative substance according to the criteria in annex XIII or which were recorded in the list according to article 59 paragraph 1 (fabric of the candidate list) for other reasons than those stated in letter “a”

c.    which contains a substance, for which there are community workplace exposure limits.

 

Authorization (annex XIV),

applies to suppliers within the EU. Once substances in annex XIV have been recorded (or already recorded in the consultation procedure), the supplier immediately confirms that an authorization of the substances in the contractual product is aimed for and informs us which uses in the application for authorization should be covered. We also ask for immediate notice if no authorization is sought.

 

Limitation (annex XVII)

The substance restrictions are observed by the supplier. If new restrictions should be adopted, the supplier will inform us of the substances which are contained in the contractual products and thus restrict the marketing ability. The supplier has to inform us if the marketing skills are changing. This particularly is the case if substances and their use are already proposed for the inclusion in annex XVII and which are relevant for the contract products. To enhance the security of our planning, the earliest possible information is required.

 

Registration status (article 5, 7) and CLP (article 40)

The supplier shall be liable, that the substances included in the contractual product supplied by him have been pre-registered or registered after the expiry of the transitional period. In case of the registration by a sole agent, the supplier has to give information on the person of this sole agent – per substance – and has to confirm that the contractual products delivered have been pre-registered and registered in due time by this sole agent. In addition he is asked to provide us with a confirmation that the required declaration in the classification and labeling register for the substances according to article 40 of the CLP regulation is already done. In case the status of register should change, the supplier automatically and without delay will forward the information on the marketing ability to us.

 

Notification of change.

The supplier has to inform us automatically and immediately as soon as changes will be effective. Changes can refer to the substances, which

a. are contained in an expanded list of candidates.

b. were not or failed to be registered to the target date.

c. are replaced following which the registration status, SVHC-content and impurity profiles is changed.

d. If an application for authorization has been granted or denied, the information by law must be given to the customer – i.e. to us - (article 31(9b), article 32(3b).

e. If a limit on a substance and its use in contractual product is entered into force by updating the safety data sheet (art. 31 (9 c) or updating a technical information (art. 32 (3 c).

f. Safety data sheets which considerably changed are to be submitted to us immediately.

The notification of change has to capture all contractual products which we have received from the supplier 12 months retroactively from the date of change. This allows us within our inventory to respond to the legal requirements. 

 

All information according to these special terms and conditions has to set out in writing. Contact information: Information should be sent to: STILL-Purchasing.