SUPPLY CHAIN MANAGEMENT non-confirmed imports and therefore cannot be considered as downstream users ( DSUs ). By issuing such confirmations to importers , the OR assumes the obligation to maintain up-to-date records of covered and supplied importers and their imported substances . Figures 1 and 2 show simple examples of the material flow and the difficulties associated with the required information flows . The red arrows in Figure 2 represent a dead end for the respective actors , as they do not know whom to contact for appropriate REACH support due to confidentiality . Even in the case of direct communication ( green arrows ), it is often impossible to get help because the respective supplier either does not want to disclose his product composition or cannot do so because he does not know it himself in detail .
Problems & possible solutions
What options does the EU importer have to ensure his REACH compliance and to prove this to the enforcement authorities ? Supply chain actors are adopting various approaches that lead many EU importers to believe that they are indeed REACHcompliant and do not need to take any action . However , most approaches are
Figure 2 - Information flow in a non-EU supply chain associated with problems that make watertight compliance impossible . A common approach is the simple communication of registration numbers , in the form of general REACH compliance statements or a safety data sheet ( SDS ), issued by non-EU manufacturers and further communicated to the EU importers . This approach depends on successful communication between several downstream actors ( formulators , distributors , etc .). However , it is very error-prone as registration numbers can be altered or even lost on their way to importers and those that are transmitted cannot necessarily be checked for validity , even though registration numbers allow substances to be identified via the ECHA website . In addition , there is no control of the actual supply chains and quantities of substances supplied , which allows so-called ‘ free-riding ’ on registrations by third parties . No registration numbers are assigned to substances that are exempt from registration , but they can still be contained in imported products . Importers have no chance of checking whether they have actually received all the registration numbers of the substances contained in their products with unidentified compositions .
The main problem , however , is that there is no communication between ORs and EU importers about the imported substances and quantities . Thus , the ORs cannot fulfil their tracking obligations regarding the importers and their imported substance quantities . Consequently , EU importers are not covered by the registrations of the ORs and are still subject to the registration obligations for their imported substances . Furthermore , full disclosure of all registration numbers of a product allows the downstream supplier or user to identify detailed product compositions . The presence of a registration number does not automatically mean that an imported substance is REACH-compliant ( e . g . if the total annual quantity imported exceeds the registered tonnage band ). Relying solely on the communication of registration numbers via SDSs makes the situation even worse , as SDSs only need to be provided for hazardous products and only the hazardous ingredients need to be disclosed . Moreover , a hazardous substance might not have a registration number yet ( because it is included in the supplied formulation at < 1 tonne / year , for example ) but still be REACHcompliant . Incorrect registration numbers ( copied from others ) have occurred frequently . The importer has no chance of verifying this , nor can he submit reliable information to the authorities . The main problem remains that in these cases there is no communication between ORs and EU importers on imported substances and quantities . ORs cannot fulfil their tracking obligations on importers and substance quantities . Consequently , EU importers are not covered by ORs ’ registrations and so remain responsible for their registration obligations . If they do not have these , they are importing illegally . A well-considered approach to exempt importers from their registration obligations is the bidirectional distribution of REACH ‣
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