Distribution

After a product – whether a chemical or an article - is manufactured and packaged, it is delivered to the customer.  This customer may be another company in the manufacturing chain, a distributor, or a retailer. At this stage, there are specific legal responsibilities related to the presence and communication of hazardous substances in products.

Your responsibilities depend on whether the product is a chemical or an article and whether it is supplied to a professional user (e.g., another business) or directly to a consumer. In all cases, transparent communication of information related to hazardous substances is essential for effective risk management. Therefore, your ability to provide accurate and complete information to your customers is a key part of your compliance and your product's value.
 

Chemicals

Producers of chemicals are responsible for safe packaging and labelling of a chemical according to the CLP regulation[i]. The content of certain hazardous substances may be regulated by REACH [ii] regarding authorisation (REACH, Articles 57, 58) and restrictions (REACH, Article 67).

If a chemical supplied to a commercial customer is classified as dangerous or contains dangerous substances above specified concentration limits, a Safety Data Sheet (SDS) must be provided in accordance with REACH Article 31. For substances or mixtures that do not require a safety data sheet, suppliers must still provide relevant information as per REACH Article 32. This includes:

• The REACH registration number (including for hazardous ingredients in mixtures),
• Any conditions linked to authorisation or restriction,
• Other information necessary for appropriate risk management.

This information must be kept accurate and up to date throughout the chemical’s lifecycle.

If the chemical qualifies as a dangerous good, you must comply with applicable transport regulations—including on the inland transport of dangerous goods [iii] — as well as rules for safe storage. If transport or warehousing is subcontracted to third parties, you remain legally responsible for providing information related to the chemical, including information on the safety and composition of the chemical.
 

Articles

Articles are defined under REACH as objects that during production are given a specific shape, surface, or design which determines their function to a greater degree than their chemical composition. In practical terms, most solid goods can be considered articles. 

Producers of articles must ensure compliance with REACH requirements for substance restrictions (REACH, Article 67) and authorisation (REACH, Articles 57, 58). If the article is intended for the general public, it must be safe[iv], but comply also with more specific requirements depending on product type, for example, electric and electronic equipment (ROHS[v]) or toys[vi].

Suppliers of articles containing substances of very high concern on the candidate list (SVHC) in concentrations above 0.1% (weight by weight) shall provide sufficient information for recipients of the article (i.e. commercial customers like professional users of traders) necessary for safe use of the article, at least the name of the relevant substance (REACH, Article 33-1). If such articles are supplied to the general public (consumers) this information needs to be provided only upon their request and within 45 days (REACH; Article 33-2). This means, if you are an article producer, you must ensure this information is readily available. A well-maintained chemical inventory — including materials used in articles — helps manage this obligation efficiently. 

Your commercial customers may also request (voluntary) declarations about hazardous substances in your articles (e.g., RoHS conformity). While such requests are not always mandated by law, responding to them can increase your product’s marketability and competitiveness.

Depending on your product type and client requirements, consider offering:

• Material declarations (e.g. SVHC content)
• Participation in voluntary ecolabel or Environmental Product Declaration (EPD) schemes

Such practices can enhance transparency, compliance assurance, and competitiveness.

[i] Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP Regulation)
[ii] Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
[iii] DIRECTIVE 2008/68/EC on the inland transport of dangerous goods
[iv] Directive 2001/95/EC on general product safety
[v] Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment as Directive 2002/95/EC repealed in 2013
[vi] Directive 2009/48/EC on the safety of toys