Your REACH Basics Summary for Non-EU companies
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REACH, the European Union (EU) regulation for the Registration, Evaluation and Authorisation of Chemicals, which entered into force on 1 June 2007, has one key central aim: to protect human health and the environment from the risks arising from the use of chemicals.
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This simple and admirable goal has proved somewhat difficult to achieve. Evolving from a European Commission draft with inputs from industry, member states, the European Parliament and environmental organisations, REACH has become one of the most complex and far-reaching pieces of regulation ever to originate from Brussels – the seat of European Union government. REACH is EU regulation and only applies to companies that are based over there. However if you export either chemical substances or finished goods to the EU your supply chain is affected. You will need, therefore, to consider and respond to REACH. |
Perhaps, given the fundamental nature of chemicals as the building blocks of our modern world and vital to everyday life, this should not surprise us. |
REACH intends to achieve its goal by requiring EU-based business to fully ascertain the risks posed by the use of chemicals. For certain dangerous substances this means that a company will need to define in detail exactly how to safely use a chemical. |
Another of REACH’s mechanisms is an authorisation process for substances identified as being of very high concern to human health or the environment. This will mean the hazardous chemical can only be used in ways that are authorised by a REACH central authority – the European Chemicals Agency. Any authorised substance is also considered a candidate for substitution with “safer” alternatives. Essentially Authorisation will remove certain chemicals from the EU market. |
But how will the agency know what chemicals require authorisation? Much is known about certain substances but for many there are information shortfalls, which prevent a suitable risk assessment. That’s where the REACH registration process comes in. |
| REACH Registration |
For many firms REACH registration will be the most costly and time-consuming part of compliance. Generally, anyone that makes or imports a chemical into the EU above one tonne per year will need to register it with the Agency (there are exemptions to REACH Registration and our REACHScope tool can help identify them). Registration involves producing a dossier of information in collaboration with other manufacturers or importers. The obligations are essentially the same for manufacturers and importers (in other words your EU-based customers) of a substance. |
REACHReady to the rescue! We've developed exclusive and easy to understand information for (EU-based) Manufacturers and Importers, telling them what they need to do to register for REACH. And what's more, it's Free to access - Click Here!
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If you are based outside the EU, even if you are exporting to the EU, you are not able to register substances under REACH (unless you have an EU-based subsidiary). But there is a way to get involved – you can appoint an only representative. |
| Only Representatives |
Only representatives are EU-based legal entities that are considered “competent” to carry out the REACH registration process on behalf of companies based outside the EU. The alternative is for your customers, as an importers, to each undertake the registration process for the products they are purchasing from you - and it is likely to be costly for them to do so. |
| We suggest that any company based outside the EU should be considering whether to appoint an only representative. And our REACHMatchmaker service can help you identify one that's right for you. If you appoint an only representative any company you supply to will be considered a downstream user… |
| Downstream users of chemicals |
Everyone that uses a chemical, for example, to make a product, to clean a floor, to lubricate a machine, to print on their packaging (etc etc...) has to make sure that their use of a chemical is listed within the dossier. If this sounds like you, you are a “downstream user” and if your use of a chemical isn’t part of the registration, then it's against the law to use it! |
We've developed a list of the actions that (EU-based) downstream users can take now to get ready - Click here to go to the web page and feel free to forward the link to your friends and colleagues, customers and suppliers!
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| In conclusion... |
So in practice then, everyone that exports a product to the EU is likely to be affected to some degree; if you export a chemical substance, REACH is likely to be one of the biggest programmes of work your company will have to undertake over the next 11 years. |
REACH comes at a considerable cost, the most accepted overall price tag is €6 billion but REACHReady thinks this is an underestimate! REACH is seen as industry’s responsibility and industry, therefore, has to foot the bill. Registration costs can vary widely per chemical substance and its use - from as little as less than €7000 to more than €750000 Euros per substance, per company.
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Worried? – No need to be, REACHReady is here to help and those ready first will be in a better position to compete. |
| If you think REACH applies to you then the clock is ticking and the time to get ready is now. Why not "Join for free" to access exclusive information that will help get you started. |
In addition to providing tools and personal technical support, we can help you develop management strategies that save you time, trouble and money. |
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| Our Silver and Gold subscribers can download our "REACH - the basics" information in pdf form from the Technical Downloads section of our website - for access either "Join for free", or "Login" if you're already a REACHReady subscriber. |