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REACH manages chemical risks through three closely linked mechanisms: the Candidate List, the Authorisation List and the Restriction List. Each sends a different regulatory signal and requires a different business response. This article focuses on one of these mechanisms and explains what it means in practice for companies operating in the EU market.

The Candidate List as a regulatory signal, not just a list

When companies hear that a substance has been added to the REACH Candidate List, the immediate reaction is often to ask a narrow compliance question: What do we now have to do? While this is understandable, it misses the broader point. Inclusion on the Candidate List is not merely an administrative update – it is a regulatory signal that a substance is entering a phase of increased scrutiny and uncertainty.

The REACH authorisation system is designed to progressively phase out substances of very high concern (SVHCs) where safer and feasible alternatives exist. The Candidate List is the first formal milestone on that path. From a business perspective, this is the moment when regulatory risk becomes foreseeable and therefore manageable – provided it is addressed early.

Companies that treat the Candidate List only as a disclosure obligation often find themselves reacting too late. Those that treat it as a strategic input retain options.

How substances are identified as SVHCs

A substance may be proposed for identification as an SVHC by a Member State or by ECHA at the request of the European Commission. Substances may qualify as SVHCs if they are carcinogenic, mutagenic or toxic for reproduction (CMR category 1A or 1B), if they are persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB), or if they give rise to an equivalent level of concern, such as endocrine-disrupting properties.

The identification process includes a 45-day public consultation. This consultation is often underestimated by industry. In practice, it is the first and sometimes only opportunity for companies to place use-specific, supply-chain and alternatives information on the record. While the hazard profile of a substance is rarely overturned at this stage, the information provided here feeds directly into later prioritisation and authorisation decisions.

Once a substance is formally identified as an SVHC following the consultation and decision process, it is included in the Candidate List and immediate obligations apply.

What changes legally when a substance enters the Candidate List

Inclusion in the Candidate List triggers obligations that apply across the entire supply chain and cover substances on their own, in mixtures, and in articles. These obligations apply from the date of inclusion and do not depend on transition periods.

For substances and mixtures, suppliers must ensure that Safety Data Sheets are provided and kept up to date. In particular, existing SDSs must be revised to reflect the SVHC status of the substance. Even mixtures that are not classified as hazardous may trigger SDS obligations on request if they contain Candidate List substances above defined concentration thresholds.

For articles, the Candidate List has particularly far-reaching consequences. Suppliers of articles containing an SVHC above 0.1% w/w must provide sufficient information to professional customers to allow safe use of the article. The same obligation applies to consumers upon request, with a strict 45-day response deadline. This requirement applies regardless of tonnage and is increasingly enforced by national authorities.

In addition, producers and importers of articles may have to notify ECHA if the total amount of the SVHC in articles exceeds one tonne per year and the concentration threshold of 0.1% w/w is exceeded. These notifications must be submitted within six months of the substance’s inclusion on the Candidate List, unless specific exemptions apply.

Parallel to REACH, the Waste Framework Directive has introduced an additional layer of transparency through the SCIP database. Any EU supplier placing articles containing Candidate List substances above 0.1% w/w on the market must submit information to SCIP. While often perceived as a purely waste-related requirement, SCIP has in practice become a supply chain transparency tool that customers and authorities increasingly rely on.

Beyond paperwork: risk management and scrutiny

For substances identified as PBT or vPvB, REACH goes further than information duties. Manufacturers and importers are expected to implement and recommend measures that minimise releases and exposure throughout the life cycle. Downstream users are required to apply corresponding controls.

Importantly, Candidate List inclusion also changes how a substance is perceived outside the legal text of REACH. Customers may introduce internal “SVHC-free” policies, investors may flag the substance as a sustainability risk, and enforcement authorities may prioritise inspections. In other words, reputational and commercial pressure often materialises before any formal authorisation requirement exists.

What companies should do at Candidate List stage

From a business perspective, Candidate List inclusion is the point at which companies should move from factual compliance to structured evaluation. Key questions include how critical the substance is to products and processes, how exposed the supply chain is, and whether technically and economically viable alternatives exist or could be developed.

If substitution is likely to be complex or slow, companies should already plan for the possibility that the substance may be prioritised for authorisation. Waiting until Annex XIV discussions begin significantly reduces strategic room for manoeuvre.

At REACHLaw, we support companies at this stage by combining regulatory analysis with business-focused assessment. Through Comply+Right regulatory audits, supply chain mapping and stress testing, we help clients quantify regulatory exposure, identify bottlenecks and evaluate future scenarios. The objective is not only to remain compliant, but to make informed decisions early – when options still exist.

If a substance is critical to your business and difficult to substitute, inclusion on the Candidate List should trigger preparation for potential authorisation or restriction at a later stage.