Article 33 Notification obligation
REACH Article 33 requires any supplier of an article containing Substances of Very High Concern (SVHC) above the threshold of 0.1% weight by weight to provide the customer with sufficient information to allow safe use of the article.
Our obligation to communicate REACH Substances of Very High Concern (SVHC) per REACH Article 33, is fulfilled by our REACH Substance Communication Documents (RSCDs).
TE's information on SVHCs in articles is currently based on the European Chemicals Agency (ECHA) 'Guidance on requirements for substances in articles' (Version: 2, April 2011), applying the 0.1% weight on weight concentration threshold at the finished product level. TE is aware of the European Court of Justice ruling of September 10th, 2015 stating that, in case of 'complex articles', the threshold for a SVHC must be applied to both the product as a whole and simultaneously to each of the articles forming part of its composition. To make sure our REACH information stays in line with the changed legal interpretation and industry practices, TE is monitoring evaluations of this new ruling and awaits the expected new ECHA guidance on the practical implementation.
If an SVHC is identified in any of our products above the threshold, a statement regarding the REACH Article 33 communication obligation is included in our order confirmations and packaging slips. The statement contains a link to the website where a copy of the relevant RSCD can be obtained.
If there is no REACH SVHC information on the order confirmation or packaging slip, the product does not contain any SVHC.
A Substance of Very High Concern (SVHC) is a substance meeting one or more of the following criteria:
- Class 1 or 2 carcinogen, mutagen, or toxic for reproduction (CMR)
- Substance which is PBT (persistent, bio-accumulative and toxic) or vPvB (very persistent and very bio-accumulative) in accordance with Annex III of REACH
- Other substances for which there is evidence of equivalent degree of concern (e.g. endocrine disruptors)
Although there are over 1000 substances that potentially fulfil these criteria, with respect to REACH, SVHC refers specifically to those substances that meet the hazard categories mentioned and that have been placed on the Candidate List of substances considered for Authorisation by the European Commission.
This Candidate List continues to be updated regularly.
Inclusion of substances in the Candidate List triggers additional duties for manufacturers, importers and users because REACH imposes specific controls on SVHCs over and above those that apply to other chemicals.