Is there any way to comply with the REACH regulation without CAS number, IUPAC name, and EC number?

The question above is a part of an interesting e-mail I received from a client. Today, I am going to give you some advice on what you can do in such situation.

Now, let’s look at the whole email:

“I have read many articles about SDS compilation on your website. So, I think you can give me advice on my case.

I have known that a hazardous substance in the mixture needs to be indicated in SDS section 3 by CAS No., IUPAC name, or EC no.

However, there is a non-EU/EEA supplier, and he refused to disclose information about it even though I have explained the obligation with REACH to him because of business confidence.

Is there any way to comply with the regulation without CAS No, IUPAC name, and EC no.?”

Here's what I suggested – feel free to use this insight if you want to.

A non-EU/EEA supplier in general has no obligation to comply with REACH regulation. Therefore you do not have a legal lever to force them to get the information.

But that doesn't mean you have to give up. You actually have some possibilities that would help you and your non-EU/EEA supplier reach common ground:

1. Firstly, check the contract you have with the non-EU/EEA supplier (you probably already did this) and see if there is something that enables you to get the information by contract.
2. Secondly, if the contract does not include this, you suggest signing an NDA (non-disclosure agreement) with the non-EU/EEA supplier (this is a common practice). This simple act should enable you to get and use the data for REACH compliance purposes,
   
3. Thirdly, if they do not wish to sign the NDA and not give you the necessary data, you emphasize that without the data you cannot market the product in the EU/EEA marketplace. Consequently, you might have to find another supplier who will be willing to share the data.

Now, if you do not know the composition and hazards of all the substances in the mixture, you have two essential problems. Firstly, you do not know if they must be listed in the Section 3 of the Safety Data Sheet. And secondly, you do not know if they need to be registered in accordance with REACH regulation or not.

Therefore, your company (or the EU/EEA customers that buy the mixture from you) cannot guarantee full compliance with the REACH regulation.

If you also have any specific questions regarding REACH regulation, we can help you as well. Just drop me an e-mail at luka.rifelj@bens-consulting.eu and we will get on it.