Material compliance requirements for suppliers
1. introduction
This agreement defines requirements for business relationships with Kesseböhmer Holding (together with affiliated companies hereinafter referred to as KESSEBÖHMER). The aim of this agreement is to avoid quality defects and delivery problems and to ensure compliance with the relevant legal requirements in the supply chain.
When accepting contracts from KESSEBÖHMER, the supplier must ensure that the requirements are checked, understood and fulfilled. The supplier shall maintain its own documentation that proves compliance with these requirements and that can be presented if required.
2. requirements for product qualifications
KESSEBÖHMER expects its suppliers to be aware of the composition of the delivered products with regard to legal requirements and to ensure that these are met in the upstream supply chains. If exemptions to specific obligations are used, these are forwarded to KESSEBÖHMER.
The main product-related requirements are
2.1 REACH
The supplier expressly undertakes to supply only products that meet all the requirements of European Regulation (EC) No. 1907/2006 ("REACH") and (EC) No. 1272/2008 (CLP Regulation) in the most recent version. This also applies if the supplier itself is not based in the EU. This includes in particular, but not exclusively, the registration and information obligations under REACH as well as the obligation to classify, label and package in accordance with the CLP Regulation, if applicable. The supplier shall provide safety data sheets and technical information for substances and mixtures. Safety data sheets shall also be provided for non-classified mixtures containing substances on the candidate list.
In particular, the requirements arising from Articles 56 and 67 of the REACH Regulation in conjunction with Annexes XIV and XVII on restricted substances and substances subject to authorization must be complied with by the supplier. The supplier shall inform us immediately if the chemicals supplied by him contain substances that are subject to authorization or restriction. The supplier shall also obtain information and data from its upstream supply chain without being requested to do so.
Substances that are subject to restrictions should be listed with the name of the substance, the CAS number, the EC number and the concentration in % by weight. The regional, national and international laws should serve as a basis. Please provide details of the relevant legal regulations.
If substances subject to authorization are contained in chemicals or if substances subject to authorization are used in the production of the materials, information is requested without delay as to whether authorization is being sought or by when substitution will take place if the substance is included in Annex XIV.
The fulfillment of the registration obligation in particular, but also the submission of up-to-date, complete safety data sheets that comply with the applicable REACH requirements, possibly in combination with the CLP Regulation, are regarded as an essential basis for all deliveries.
In the case of delivery of articles and chemicals according to the definitions of REACH, the supplier undertakes to inform immediately and in a separate notification if the delivered product contains a substance from the so-called candidate list (list of substances eligible for inclusion in Annex XIV of the REACH Regulation, see https://echa.europa.eu/de/candidate-list-table) with a content greater than 0.1% (w/w) - for articles: per individual article (according to ECJ judgment of 10.09.2015 C-106/14).
If substances on the candidate list can form during proper use, this must be reported without being asked. The supplier of chemicals shall also pass on information as to whether substances on the candidate list are partially or completely reduced when used as intended.
2.2 RoHS
The supplier undertakes to manufacture and deliver the products in compliance with the latest version of Directive 2011/65/EU (RoHS) (Restriction of the use of certain hazardous substances). Upon request, the supplier shall provide suitable proof of this (e.g. certificate of analysis).
RoHS International
Upon request, the supplier undertakes to determine and pass on the information relevant to international RoHS regulations for its product.
2.3 Conflict minerals (3TG)
Conflict Minerals are columbite-tantalite (coltan), cassiterite, gold, wolframite and their derivatives, limited to tantalum, tin and tungsten. If competent governments, their representatives, competent authorities or associations determine that other derivatives or minerals are financing the conflicts in the "Covered Countries", these are also considered conflict minerals.
"Covered Countries" are the countries listed in Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum, tungsten, their ores and gold originating from conflict-affected and high-risk areas and the countries designated under the Dodd-Frank Act. These are currently the Democratic Republic of Congo ("DRC") and its neighboring countries (Angola, Burundi, Central African Republic, Republic of Congo, Rwanda, South Sudan, Tanzania, Uganda and Zambia).
"DRC Conflict Free" as a characteristic of goods means that these goods do not contain any conflict minerals that directly or indirectly finance or benefit armed groups in the "Covered Countries".
The supplier undertakes to,
- to ensure in full that the use and sale of conflict minerals by it (whether alone or contained in goods) does not contribute to the continuation of conflicts in the "Covered Countries",
- not to deliver any goods to KESSEBÖHMER that are not "DRC Conflict Free",
- To submit to KESSEBÖHMER on request all relevant data (including quantitative analyses) on the occurrence of conflict minerals in its goods,
- to continuously and sufficiently verify that its goods are "DRC Conflict Free" (e.g. by interviewing the upstream supply chain, participating in communication processes and/or applying national and international standards),
- KESSEBÖHMER to ensure within three (3) weeks after written request that the goods are "DRC Conflict Free",
- KESSEBÖHMER in writing without delay if the supplier becomes aware of any indications in its supply chain which allow the conclusion to be drawn that the assurance in accordance with the above paragraph may not be complied with,
- To provide KESSEBÖHMER upon request with certificates, declarations, reports, audit reports (including those received by the supplier from its subcontractors and suppliers) and other information that sufficiently support the supplier's assurance that its goods are "DRC Conflict Free".
3. change management
A change with regard to the above-mentioned products or chemicals must be evaluated by the supplier without further request and (if subject to notification according to REACH or RoHS regulations) also notified. At this point we refer to the current candidate list of the ECHA:https://echa.europa.eu/de/candidate-list-table
Kesseböhmer Group of Companies
Version 1.2, February 2024
