REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation 1907/2006) is the new European regulation on chemicals and their safe use. REACH came into force on 1 June 2007 and replaces and consolidates over 40 different laws in a single, unified regulatory system.
Under REACH, manufacturers or importers of chemical substances are required to register them with the central European Chemicals Agency (ECHA). The amount of data required is proportionate to the amount of substance manufactured or supplied. If substances are not registered, those substances will no longer be permitted to be manufactured or supplied.
REACH applies to substances manufactured or imported into the EU in quantities of 1 tonne per year or more. It is estimated that there are around 30,000 substances on the European Market in quantities of 1 tonne or more per year. Registering all of those at once would be a huge task for both industry and regulators, so to overcome this, the registration of those substances already being manufactured or supplied is to take place in three phases, to be spread out over 11 years. Pre-registration is not a legal requirement of REACH, but is strongly advised. What is known as an “only representative” can assume responsibility for collecting information on and registering those chemicals sent from outside Europe by one manufacturer to various European importers. The benefit of appointing an “only representative” within the supply chain, is that it removes registration obligations for the other importers within Europe, who effectively become downstream users of the chemical or substance from the only representative.
The pre-registration of chemicals started on 1 June 2008. By 13 June 2008, the European Chemicals Agency (ECHA) had received pre-registrations from 1,427 companies and had created 7,360 pre-registrations. So far, the pre-registration process has highlighted two issues which are being addressed by ECHA, namely errors in the submission of data in pre-registration dossiers by companies, and identification of substances which may be classified as “substances of very high concern”.
On 30 November 2008 the pre-registration for “phase-in” substances will come to an end and registration for existing substances (that have not been pre-registered) will begin.
To read our full Law Now on the issues arising from pre-registration under REACH please click here
To view the timeline for compliance under REACH in our Health & Safety Calendar, September 2008 please click here
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