Scientific and technical support for collecting information on and reviewing available tools to track hazardous substances in articles with a view to improve the implementation and enforcement of Article 33 of REACH : final report

This report gives an overview of the availability of different types of tools that support the tracking and communication of hazardous substances in articles (SiA) through supply chains and to consumers. The tools are evaluated with regard to their ability to support the implementation of REACH Article 33 and their potential contributions to the circular economy and a non-toxic environment. Among the SiA tools for supply chain communication, complex IT solutions provide the most comprehensive support. Many are based on communication standards from the electronics industry and integrate the use of restricted substances lists and compliance declarations, which are also used as stand-alone instruments by companies. Generic material databases and certification systems complement these tools. The communication content is frequently limited to the identity of substances contained in articles above relevant concentration limits. Information on the safe use appears to currently not be provided. Due to apparently divergent interpretation of REACH Article 33 (despite the recent ruling of the European Court of Justice), compliance may not always be ensured based on the current communication practices. SiA tools may support compliance with legal and additional requirements, but cannot replace in-house competence on chemicals. Efficiency gains from the use of tools depend on various factors, above all the number of users in a supply chain, the degree of standardisation it achieves and its compatibility with other tools. Current practice and the use of tools in supply chain communication appear to accommodate the companies' confidentiality concerns sufficiently. The information consumers need to be able to avoid products containing hazardous substances is only partly addressed by the current legal provisions, with the 45 day time lag for obtaining data under Article 33 and the uncertainty arising from a lack of responses being the most relevant reasons. Different consumer information tools were identified but only some of them explicitly support Article 33(2) implementation. Smartphone apps for consumers, if connected to databases and allowing pro-active supplier information input, are regarded as an appropriate support tool; however several challenges exist for their implementation. Several other tools were analysed with regard to their ability to inform consumers of hazardous substances in the context of REACH but also with a view to facilitating informed purchasing in general. Some tools were analysed with a view to informing the waste sector of the content of hazardous substances in articles in order to enable them to separate contaminated from non-contaminated wastes. Some promising tools were identified, which are currently under development.