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Article 38: Obligation for downstream users to report information

1.  Before commencing or continuing with a particular use of a substance that has been registered by an actor up the supply chain in accordance with Articles 6 or 18, the downstream user shall report to the Agency the information specified in paragraph 2 of this Article, in the following cases:
(a) the downstream user has to prepare a chemical safety report in accordance with Article 37(4); or
(b) the downstream user is relying on the exemptions in Article 37(4)(c) or (f).
2.  The information reported by the downstream user shall include the following:
(a) his identity and contact details as specified in Section 1.1 of Annex VI;
(b) the registration number(s) referred to in Article 20(3), if available;
(c) the identity of the substance(s) as specified in Section 2.1 to 2.3.4 of Annex VI;
(d) the identity of the manufacturer(s) or the importer(s) or other supplier as specified in Section 1.1 of Annex VI;
(e) a brief general description of the use(s), as specified in Section 3.5 of Annex VI, and of the conditions of use(s);
(f) except where the downstream user is relying on the exemption in Article 37(4)(c), a proposal for additional testing on vertebrate animals, where this is considered necessary by the downstream user to complete his chemical safety assessment.
3.  The downstream user shall update this information without delay in the event of a change in the information reported in accordance with paragraph 1.
4.  A downstream user shall report to the Agency if his classification of a substance is different to that of his supplier.

5.  Except where a downstream user is relying on the exemption in Article 37(4)(c), reporting in accordance with paragraphs 1 to 4 of this Article shall not be required in respect of a substance, on its own or in a ►M3  mixture ◄ , used by the downstream user in quantities of less than one tonne per year for that particular use.