Downstream Users and their obligations under REACH

Downstream users are companies or individuals who use a chemical substance, either on its own or in a mixture, during their industrial or professional activities.

Downstream users can be found in many industries and occupations. Examples include:

• Formulators: Produce mixtures, which are usually supplied further downstream. This includes, for example, plastic compounds, rubber, paints, adhesives, detergents and so on.
• End-users: Use substances or mixtures but do not supply them further downstream. Examples include users of adhesives, coatings and inks, lubricants, cleaning agents, solvents and chemical reagents like bleaching products.
• Producers of articles: Incorporate substances or mixtures into or onto materials to form an article. Examples include textiles, industrial equipment, household appliances and vehicles (both components and finished goods).
• Re-fillers: Transfer substances or mixtures from one container to another, generally in the course of repackaging or rebranding.
• Re-importers: Import a substance, on its own or in a mixture, which has originally been produced in the EU, and registered by someone in the same supply chain.
• Importer with an “only representative”: Importers are downstream users when their extra-UE supplier has nominated an “only representative” for the purpose of acting as a registrant established in the Community.

When downstream users are based at an industrial site, which can be either small or large, they are called industrial users. Workers using substances or mixtures outside an industrial setting are termed professional users. Professional users may be based, for example, in a workshop, a client site, or an educational or healthcare establishment. The distinction between industrial and professional users is made to reflect the typical conditions of use. A worker undertaking spray painting in an automotive plant is termed an industrial user, but a construction worker spray painting a bridge is termed a professional user.

Downstream users have a key role to play in advancing the safe use of chemicals by implementing safe use at their own site and communicating relevant information both to their suppliers and their customers.

Downstream users’ main roles and obligations of are:

• to provide information regarding their uses to suppliers of substances. This enables registrants to include these uses in the chemical safety assessment;
• to implement measures specified by their supplier to ensure the safe use of the substance or take appropriate action;
• to inform their supplier if they have new information on the hazards of the substance or the risk management advice is not appropriate
• to take appropriate action if using a substance included in the Authorisation List or the List of Restrictions.

In addition:

• for formulators only: to provide their customers with appropriate information on hazards and conditions of safe use for their mixture. Formulators also have obligations under the CLP Regulation.
• for producers of articles only: to take action on registration or notification if required according to Article 7 and to communicate information if required by Article 33.

Source: European Chemical Agency (www.echa.europe.eu)