Article 33 Communication 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 Article Safe Usage Statements (ASUS) found on our Statements of Compliance (SoC).
TE's information on SVHC in articles is currently based on the European Chemicals Agency (ECHA) 'Guidance on requirements for substances in articles' (Version: 4.0, June 2017). TE has been updating our compliance statements to reflect O5A (Once An Article Always An Article) since the European Court of Justice ruling of September 10, 2015. In the case of ‘complex objects’, the 0.1% weight on weight concentration threshold is enforced for any article therein, and reported accordingly. Any exception to a REACH O5A declaration is clearly noted in the disclaimer of the part’s Statement of Compliance (SoC).
Additionally, 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 ASUS 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.