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VOLUME 1
REACH Compliance and Emerging Issues
by Amy Bauer
REACH is a new European Community Regulation on chemicals and their safe use (EC 1907/2006). It deals with the Registration, Evaluation, Authorization and Restriction of Chemical substances, also known as the four pillars of REACH [1], which is described in further detail below. REACH creates a single system for both “existing” and “new” substances; substances are now described as nonphase-in substances (i.e. those not produced or marketed prior to the entry into
force of REACH) and phase-in substances (those substances listed in the EINECS, or European INventory of Existing Commercial chemical Substances, etc.). [2]
REACH will change how chemicals and products are regulated in the European Union (EU). The new law entered into force on June 1, 2007, as companies began pre-registering phase-in substances at that time. The aim of REACH is to
improve the protection of human health and the environment through the better and earlier identification of the intrinsic properties of chemical substances, and at the same time, enhancing innovative capability and competitiveness of the EU
chemicals industry. Manufacturers and importers will be required to gather information on the properties of their chemical substances, which will allow their safe handling, and to register the information in a central database run by the European Chemicals Agency (ECHA) in Helsinki. Companies may be shut out of EU market if they are not compliant.
The Regulation also calls for the progressive substitution of the most dangerous chemicals when suitable alternatives have been identified. It has been said that a vast majority of companies addressing REACH are looking upstream to suppliers for compliant product.
The first question companies may ask themselves is where to begin. Companies must first understand the supply chain and all applicable substances, and complete a cost benefit analysis. Companies will then need to determine what data is available and complete the pre-registration process, if applicable. Finally, the company may appoint “only representatives”, which is a legal entity allowing companies located outside of the EU to participate in REACH pre-registration and registration, when registration is required for a single substance or a range of substances. REACH provisions will be phased-in over 11 years.
[1] Fulbright & Jaworski L.L.P. & ChemRisk, Inc. Web Seminar Series. 2008. Program I of REACH: Compliance and Emerging Issues. July 29.
[2] European Commission. REACH. Retrieved August 5, 2008 from the World Wide Web: http://ec.europa.eu/environment/chemicals/reach/reach_intro.htm.
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