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EU compliance

Declaring what is in the product: the information chain nobody built

Beyond the substances Europe restricts, there is a duty to pass information about them along the chain — to the professional customer, to the consumer who asks, and to a European database. Answering it is a sourcing job, and it is decided in your contracts with Chinese suppliers.

China → France

Most exporters meet European chemicals rules as a list of banned substances and a test report saying the list was respected. That part is the easy part, and a competent laboratory will handle it for you. The harder obligation is not about what is forbidden at all: it is about telling people what is inside. Europe has built an information duty that runs the length of the supply chain, downward, towards the customer and towards the recycler — and the chain was never designed to carry information in that direction. It carries goods and prices. Everything difficult about this subject follows from that single mismatch.

Beyond restricted substances: the duty to pass information on

The mechanism has a shape worth learning, because it repeats across several European texts. You must establish whether a substance of concern is present in the article above the threshold the rules set. If it is, you must inform the professional customer without being asked, with enough information to use the article safely, and you must inform a consumer who asks. For the articles concerned, the same information has to be filed in a European database that authorities and waste treatment operators consult. Nothing in that sequence requires the substance to be banned — presence above the threshold is enough, and that is the point exporters miss, because it means a perfectly legal product can be non-compliant purely for having said nothing.

Why an assembler cannot answer this from its own records

Open the bill of materials of a typical assembled product and you find commercial descriptions: a motor of such a power, a cable of such a section, a fabric of such a weight, each with a supplier and a price. The information the European duty asks for lives inside those lines, in the plasticiser of the cable sheath, in the flame retardant of the housing, in the coating of the fabric, in the solder of the board — and none of it is written anywhere in your factory. Ask the supplier and the honest answer is often that it does not know either, for the same reason: it bought the compound ready-made. The company that actually knows may be several steps up, and it has no commercial relationship with you and no reason to answer a stranger.

Is this a laboratory job or a sourcing job?

Companies reach for the laboratory first because it feels like the technical answer, and it is the wrong instrument for this question. An analysis looks for the parameters you asked it to look for, on the sample you sent, on the day you sent it. It will find a family of substances it was designed to find and it is blind to everything else, so you cannot test your way to a statement about presence in general. Testing has two proper uses here: verifying a declaration you doubt, and covering a part whose supplier will never answer. Everything else has to come from declarations obtained from your own suppliers, which makes this a purchasing exercise — supplier qualification, contract clauses, follow-up on non-answers — run by people who talk to suppliers every day rather than by a quality engineer reading test reports.

Safety data sheet, test report, material declaration: what each one proves

  • A safety data sheet concerns a chemical, not your product. It is the document that travels with a substance or a mixture, and it tells a workplace how to handle, store and dispose of that chemical. A finished article normally has no safety data sheet at all. When a supplier answers your question about a part by sending one, it has answered a different question, usually sincerely, and the exchange has to start again.
  • A test report proves something about a sample. It names a method, a list of parameters, a sample, a date and a laboratory, and its findings are true of that sample. It says nothing about the parameters that were not tested, nothing about the production that came after, and nothing about the other colour of the same part. It is strong evidence over a narrow field, which is exactly what makes it dangerous to over-read.
  • A material declaration is a supplier's statement, and the only one that scales. Issued per part reference, it says what the part contains and what it complies with, and it is signed by someone the supplier can be held to. As evidence it is weaker than a test report. As a system it is the only one that covers a whole bill of materials, renews itself when a part changes, and puts the risk where the knowledge is.
  • And the declaration of conformity is none of these. That document is your own statement that the finished product meets the European rules that apply to it. It rests on the technical file, which rests on the test reports and the material declarations. Sending it in answer to a question about composition is a confusion a buyer notices, because it shows that nobody on your side has separated the layers.

How to write the information duty into a supplier contract

  1. Put the obligation in the purchase order terms, not in a side letter signed once. A clause that applies to every delivery survives the departure of the person who negotiated it, and a side letter does not.
  2. Define the substances by reference to the European lists as they stand at the date of delivery, rather than by copying a list into an annex. The lists are revised, and an annex frozen at signature guarantees that your declarations go out of date without anybody noticing.
  3. Require a declaration per part reference, signed, and make it a condition of qualification rather than a document to be chased. A part with no declaration is a part that cannot be ordered, and that rule has to be enforced by the purchasing system, not by a polite reminder.
  4. Forbid any change of material, supplier of material, coating or colourant without prior written notice. This is the clause that actually protects you, because the usual failure is not a lie at the start but a silent substitution later, decided upstream for a reason that had nothing to do with you.
  5. Keep the right to sample and test, and say who pays. Testing at your expense when the declaration proves right and at the supplier's expense when it proves wrong turns the clause into an incentive rather than a cost you absorb.
  6. Attach a consequence. An indemnity for the cost of a withdrawal caused by a false declaration, and the right to stop paying for deliveries of a part whose declaration has not been renewed, are what make the rest of the clause real. Without a consequence you have written a wish.

The reason this all comes down to the contract is that your Chinese supplier has no European obligation. Nobody in that country will ever ask it for a substance declaration, no authority will inspect it, and the European text that worries you does not reach it. Your purchase order is the only instrument that transmits the duty, which also means it is the only place where you will find out whether the supplier can meet it. A supplier that negotiates the clause is working with you. A supplier that signs it without reading it has told you nothing. A supplier that refuses it is telling you something true about the part, and that information is worth having before the part is in a container.

Rank your parts by how likely they are to carry a substance of concern — anything soft and plasticised, anything flame retarded, anything coated, plated, dyed or soldered — and start the declaration campaign at the top of that list instead of at the top of the bill of materials. You will cover most of the real risk with a handful of conversations, you will find out quickly which suppliers are capable of answering at all, and you will have something honest to say on the day a European customer asks, which is the day this becomes urgent rather than the day you planned for it.

Questions we get on this.

Our product passed the restricted substances tests. Isn't that enough?

It answers the prohibition question and leaves the information question untouched, and they are separate obligations that happen to involve the same chemistry. The tests show that the substances you tested for are below the limits that apply, on the sample tested. They do not tell your professional customer that a substance of concern is present in the article, which is a duty that bites on presence rather than on excess, and they do not populate the European database that treatment operators consult. The practical sign that a company has confused the two is a file full of test reports and empty of supplier declarations: it can prove compliance with the bans and cannot say what the product is made of.

Does the obligation apply to us, or to our European importer?

Formally the duties sit on the operators established in the Union, which usually means your importer carries them, and that is exactly why it will carry them to you. The importer cannot declare a composition it does not know, cannot file in a database what nobody told it, and cannot answer a consumer question about a product it did not design. So the obligation reaches you commercially even where it does not reach you legally, and it reaches you as a condition of continuing to supply rather than as a letter from an authority. The exporters who handle this well stop arguing about whose duty it is and start sending the information unasked, because being the supplier who makes the importer's obligations easy is a position competitors have to work to take from you.

How do we get a declaration from a supplier who simply stops replying?

Change what you are asking for and change who you are asking. A long questionnaire in English sent to a sales contact dies on arrival; a short form, in Chinese, asking only about the substance families that plausibly concern this part, addressed to the technical or quality person rather than the salesperson, gets answered far more often. Then attach the request to something the supplier cares about: the next purchase order, the qualification of the part, the payment of the current one. If silence continues, treat it as an answer — commission a test on the part to cover the immediate risk, start qualifying an alternative source, and write the declaration requirement into the specification you send to that alternative, so you are not rebuilding the same gap with a new supplier.