Meet your UK REACH duties for substances of very high concern

What makes a substance an SVHC

A substance of very high concern (SVHC) can have serious effects on health or the environment. It can be one of these:

• carcinogenic, mutagenic or toxic for reproduction in category 1A or 1B under GB CLP
• persistent, bioaccumulative and toxic
• very persistent and very bioaccumulative
• a substance of equivalent concern, such as an endocrine disruptor, identified case by case

The Health and Safety Executive (HSE) and the Environment Agency prepare a dossier for a substance they believe meets these criteria. After a 6-week consultation, the substance joins the Candidate List. Where people have commented, HSE decides within 45 days of the end of the consultation.

When UK REACH began, every substance on the EU Candidate List was carried over, but the two lists have been independent since 31 December 2020. Your duties follow the UK list, so check that one. HSE assesses later EU additions to decide whether to adopt them in Great Britain.

Know what applies when a substance is listed

Pass on safety data sheets

For articles, the percentage is the substance's share of the weight of the article. You give the business recipient the information without waiting to be asked, and it must be enough to allow safe use of the article. A consumer is a member of the public, and you owe them the information only when they ask.

Make your HSE notification

Make the notification through Comply with UK REACH using the IUCLID template. Your notification gives:

• your identity and contact details
• the identity of the substance and its registration number, if you have one
• the classification of the substance
• the tonnage range, such as 1 to 10 tonnes
• a short description of how the substance is used in the article and how the article is used

Update the notification if any of this changes.

Check whether authorisation applies

HSE periodically recommends priority substances from the Candidate List for the Authorisation List (Annex XIV). Defra's Secretary of State and the Scottish and Welsh Ministers then decide whether to add them.

An upstream application can cover the uses of your customers, but customers outside those supply chains are not covered.

An authorisation lasts for a review period, then you must apply for review if you need to continue. Allow around 20 to 22 months from application to decision. Contact HSE before you apply, saying which substance and use, who is applying and when you plan to submit.

A downstream user who relies on an authorisation granted further up its supply chain must notify HSE within 3 months of its first supply. A distributor that only stores the substance does not use it, so does not need an authorisation.

Check the restrictions as well

No tonnage threshold applies, so a restriction can bind you whatever the quantity.