SinoApps EU REACH FACT SHEET

                                     

What is REACH

 

·       REACH stands for Registration, Evaluation, and Authorization of Chemicals (REACH). It is the new EU Chemical legislation, which came into force on June 1st 2007.

 

·       REACH is to make the business that places chemicals on the market (mainly manufacturers and importers) responsible for understanding and managing the risks associated with their use. It replaces previous patchwork of European Directives with a single system.

 

·       REACH requires every manufacturer and importer who imports or manufacturers more than 1 metric ton per year of substance of intended to be released must Register that substance with the European Chemicals Agency (ECHA) for Evaluation and Authorization.

 

·       REACH also requires every manufacturer and importer who has a substance of very high concern (SVHC) at a level greater than 0.1% and greater than 1 metric ton per year must Notify the ECHA.

 

·       Failure to Register means that the substance will not be allowed to be manufactured or imported in the EU (“No data, No market” policy)

 

 

Key Events

 

Pre-Registration:     

 

Give notice to the ECHA (European Chemicals Agency) all substances that you intend to REGISTER. Only pre-registered substances benefit from phase-in periods and can continue to be sold before full registration is complete.

 

Pre-Registration Time: June 2008 – November 2008

 

Registration:

 

Provide full information to ECHA (either by your EU importer or by your “Only Representative”) any substances covered by REACH that are intended to be released from the product.

 

Registration will be phased in from June 2008 –June 2018 based on annual tonnage imported

 

Notification:

 

Notify ECHA any Substances of Very High concern (SVHC) in any part of the product which is listed on the ECHA Candidate List.

 

 

What is SVHC

 

SVHC stands for Substance of Very High Concern.  SVHC will require authorization to be placed on the EU market.  Currently ECHA is working on the Candidate list (“black list”) of SVHC, estimated about 1500 substance.  Candidate List will be published late 2008 and notification will be required 6 months afterwards.  The followings are well-know SVHCs and require authorization:

 

·       R50-53 substance: PBTS and vPvBs. Dangerous for the environment; Very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment.

·       CMR1/2 substance: cancer causing substance including

Carc. Cat. 1; R45 May cause cancer.

Carc. Cat. 1; R49 May cause cancer by inhalation.

Carc. Cat. 2; R45 May cause cancer.

Carc. Cat. 2; R49 May cause cancer by inhalation.

Mutagenicity Genetic Toxicity

Muta. Cat. 1; R46 May cause heritable genetic damage.

Muta. Cat. 2; R46 May cause heritable genetic damage.

Toxicity to reproduction fertility

Repr. Cat. 1; R60 May impair fertility.

Repr. Cat. 2; R60 May impair fertility.

Toxicity to reproduction development

Repr. Cat. 1; R61 May cause harm to the unborn child.

Repr. Cat. 2; R61 May cause harm to the unborn child.

 

Pre-registration

 

                     

Why Pre-register?

 

If you fail to pre-register a chemical substance,  you cannot continue manufacturing or importing it after Dec 1 2008 until you have completed a full registration with the ECHA.  The benefits of Pre-register are: 

 

·       Transitional registration deadline: You can establish Envisaged Registration Deadline much later.

·       Continue manufacturing/ importing: You can continue manufacturing/importing your products before envisaged registration deadline.

·       Obtain grace period to prepare for full registration: For substance with annual tonnage larger than 1 tpa, you must Pre-Register the substance in order to obtain a "grace period", which means you can delay the full Registration until year 2018.  For substance > 100 tpa, the grace period is until year 2013.

 

Without Pre-registration, you run into the risk of inquiry by ECHA and suspension of manufacturing/importing.  Pre-registration must be done between June 1st 2008 and November 30th 2008

 

What information is required in Pre-registration?

 

·       The name of the substance plus its EC numbers or CAS numbers

·       The name and address of the manufacturer or importer or person representing them.

·       The weight of substance (in tonnage band) you import

 

Who can Pre-register?    

 

·       EU Manufacturer

·       EU Importer

·       “Only Representative” of non-EU supplier

 

What is “Only Representative”?

If you are a non-European based manufacturer having an interest in importing substances on your own, in preparations or articles you will have to appoint a natural or legal person established in the Environmental Compliance Community as your Only Representative. The Only Representative will have to fulfill all obligations of the importer under the REACH Regulation.   They can work with ECHA directly on your behalf to register substances.

How to Pre-Register?

 

If you are a non-European based manufacturer, you need to first identify the substances need to be pre-registered in your products and provide IUCLID 5 Pre-Registration XML about those substances to your “Only Representative” for Pre-Register.

 

What is “Article”?

     

Article is EU REACH term, it stands for “An object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition”.  Normally it represents a finished product or equipment component that you import to EU.

 

What is “Substance”?

 

According to EU REACH, Substance is A “chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition”.  Normally it’s a single chemical with CAS #.

 

 

Guideline for EU REACH Pre-Registration Process

 

As REACH is a complex piece of legislation with many aspects still to be clarified, we propose the following guidelines for Pre-Registration:

 

·       Collect and store all the substances of Intended to release on your products (See example here)

·       Generate Substance REACH Status Report (See example here) to identify the substances to be pre-registered.

·       Generate IUCLID 5 Pre-Registration XML file.

·       Provide Pre-Registration XML file and work with your “Only Representative” to PRE-REGISTER between June – November 2008

·       Prepare to NOTIFY the Chemicals Agency of any SVHC