2. Any
downstream user shall have the
right to make a use, as a
minimum the brief
general description of use, known in
writing (on
paper or electronically) to the
manufacturer,
importer,
downstream user or
distributor who
supplies him with a
substance on its own or in a
preparation with the aim of making this an
identified use. In making a use known, he shall provide sufficient
information to allow the
manufacturer,
importer or
downstream user who has supplied the
substance, to prepare an
exposure scenario, or if appropriate a use and
exposure category, for his use in the
manufacturer,
importer or
downstream user's
chemical safety assessment.
Distributors shall pass on such
information to the next
actor or
distributor up the
supply chain.
Downstream users in
receipt of such
information may prepare an
exposure scenario for the
identified use(s), or pass the
information to the next
actor up the
supply chain.
3. For
registered substances, the
manufacturer,
importer or
downstream user shall comply with the
obligations laid down in
Article 14 either before he next
supplies the
substance on its own or in a
preparation to the
downstream user making the
request referred to in paragraph 2 of this
Article, provided that the
request was made at least one
month before the
supply, or within one
month after the
request, whichever is the later. For
phase-in substances, the
manufacturer,
importer or
downstream user shall comply with this
request and with the
obligations laid down in
Article 14 before the
relevant deadline in
Article 23 has expired, provided that the
downstream user makes his
request at least 12
months before the deadline in
question. Where the
manufacturer,
importer or
downstream user, having assessed the use in
accordance with
Article 14, is
unable to
include it as an
identified use for
reasons of
protection of
human health or the
environment, he shall provide the
Agency and the
downstream user with the
reason(s) for that
decision in
writing without
delay and shall not
supply downstream user(s) with the
substance without
including these
reason(s) in the
information referred to under
Articles 31 or
32. The
manufacturer or
importer shall
include this use in section 3.7 of Annex VI in his update of the
registration in
accordance with
Article 22(1)(d).