Chemical importers in Europe, and specialty chemical buyers in Europe generally, carry legal duties when they bring in a substance from outside the EU or the UK. The Indian supplier does not carry them for you. Check four things first: registration, classification and labelling, the supplier's identity, and the substance's identity.
This also applies to chemical importers in Eastern Europe, as long as the country applies EU rules. Non-EU countries in the region have their own regimes, so confirm yours.
Is the substance registered, and by whom?
Under REACH, an importer of a substance at one tonne or more a year per legal entity normally has to register it, unless an exemption applies or an Only Representative registers on the supplier's behalf. EU REACH for imported chemicals explains the logic, and the REACH Only Representative covers the alternative.
The UK has its own, separate UK REACH. Do not assume that an EU registration covers Great Britain. Check with the Health and Safety Executive guidance or an adviser.
Are the label and safety data sheet correct?
The EU CLP Regulation sets how a chemical is classified, labelled and packaged. EU CLP labelling covers the points. The importer is responsible for the classification and for the label on the product placed on the market, and for supplying a compliant safety data sheet to customers.
Indian safety data sheets often follow a different format or an older classification. Have a competent person review each one before you accept it.
Is the supplier who it says it is?
Many Indian chemical sellers are traders. That is not wrong, but it affects who can answer technical questions and who controls the process. Check this using the usual signs of a trader and confirm the plant that makes the product.
Then audit it, or have it audited. A visit, a sample and a review of batch records tell you more than a brochure. See what a factory audit report should contain.
Does the product match what you registered and tested?
Use this short list before each order:
- Fix the substance identity by CAS and EC number, and confirm the grade matches your registration dossier.
- Agree a specification with test methods, and compare each batch certificate with it.
- Test a pre-shipment sample independently and compare it with the batch certificate.
- Ask for notice of any change in raw material, route or site.
What should the contract say?
Put the compliance duties in writing. The contract should name the substance by CAS and EC number, set the specification and test methods, require a safety data sheet in the right format, and oblige the supplier to tell you about any change in route, site or raw material.
It should also state what happens if a batch fails: replacement, credit or rejection, and who pays for testing and return. A clear clause saves arguments later. A lawyer familiar with chemical supply contracts should review it before you sign.
Add an inspection clause as well. State that you or your appointed inspector may take samples at loading, that the sample is sealed in the presence of both parties, and that the result of an agreed laboratory is binding. This is the quickest way to settle a dispute about whether a batch met the specification.
Next step
This is general guidance. Confirm your legal duties with the European Chemicals Agency guidance, your national helpdesk or a regulatory consultant. We find and audit manufacturers, check samples and documents, and have lots tested before they ship. Book a free sourcing review, or read about our chemicals range.