If you work in the chemicals industry or are responsible for the purchasing, health and safety or distribution of chemicals you will no doubt be familiar with the acronym REACH as it is such a key piece of legislation within the chemicals industry. But what does it actually mean, and why should this have an impact on where you source your chemicals?
REACH stands for R egistration, E valuation, A uthorisation and restriction of Ch emicals and it came into force on 1st June 2007 to replace a number of different European directives and regulations with just one, singular system.
The reason REACH is so important, is because it stands for a variety of measures adopted to provide a high level of protection to human health and the environment from the risks that chemicals can present. It also plays a huge role in ensuring the chemical industry is transparent, competitive and safe, making companies responsible for understanding and managing the risks associated with the products they provide.
Although this somewhat simplifies the regulation, it is actually an incredibly complex directive, and the reason is not just down to the sheer volume of legislation (a condensed 509 page update can be downloaded here ) but it is also frequently amended in order to cater for new countries joining the EU, to add new, or amend existing restrictions and additional substances (including adaptions to account for CLP) and also changes to the types of tests required. This means companies need to regularly review their activity and ensure robust controls are in place to ensure legal compliance.
Does REACH apply to all chemicals?
REACH applies to all substances manufactured or imported into the EU in quantities of 1 tonne or more per year with very few exceptions. This applies to all individual chemical substances, preparations (mixtures composed of 2 or more chemicals) and articles (materials which go through various stages of processing before becoming the final object).
The regulation requires manufacturers or importers of substances to register them with a central European Chemicals Agency (ECHA). Registration is supported by a set of data on that substance and the amount of information required is proportionate to the amount of substance. This information serves to enable proper assessment of the hazards and risks posed by a substance and how they can be controlled.
This is mandatory and if this process isn’t complete then the product can no longer be manufactured or supplied legally, so put it bluntly, if you do not comply, it is regarded as a criminal offence.
This is something to be very aware of, as currently, there are no formal requirements in relation to REACH and shipping documents. HMRC are also not currently an enforcing authority so the due-diligence lies with you and your supplier to ensure all information is present, accurate and compliant.
What else is covered in REACH?
The aforementioned looks at the Registration of products. The other elements of REACH are a ‘evaluation’ where a summary is submitted to support the registration and is checked against a number of factors including, but not limited to, compliance, animal testing and detailed substance evaluation.
‘Authorisation’ then applies to substances that are deemed to be of a very high concern and in order for them to be placed on the market they must apply for authorisation from the ECHA. Those applying for authoristion will need to demonstrate that the substance can be satisfactorily controlled or that the economic factors outweigh the risks. Any suitable or safer alternatives will also need to be considered.
Finally, ‘Restrictions’ covers substances that pose a very particular risk or threat and therefore need to be restricted in their use or supply. For example, banning the substance from sale to the public or from use in a specific way.
Monarch Chemicals and REACH
At Monarch Chemicals we are actively involved in the product registration process for materials we import into the EU and facilitate information flow between producers and end users to provide transparency and ensure that all current uses for products are legal and permitted.
Browsing through our chemicals, you will see that, where applicable, all of our products are REACH registered. If you would like more information on the work we do with REACH or would like to discuss the import of chemicals for your business please get in touch . We will be happy to help.
