Under REACH, the use of any substance classified as ‘of very high concern’ must be notified to ECHA by the manufacturer or importer, whenever the concentration of the substance exceeds "0.1% weight by weight” of the article in question.
The interpretation of the rule was not clear and while the EC and ECHA demanded a notification when a SVHC exceeded 0.1% of the weight of an entire product, other Member States considered that notification was required when a SVHC exceeded 0.1% of any article, regardless of the final composition of a complex product.
The Court of Justice of the European Union only considers valid the second interpretation, so, a separate notification should be submitted for each article that makes up a complex product, when more than 0.1% of the weight of this article was made up of a SVCH. Therefore several are required for some complex products.
The obligation to notify the ECHA only applies to articles made or assembled by the producer itself.
The Guidance on requirements for substances in articles
clarifies to producers and importers of articles in identifying whether they have obligations under REACH; in particular in relation to registration and notification according to Article 7, and in relation to article supply chain communication according to Article 33.