EU chemicals law likely to hit most businesses

A recent EU Regulation (known as the REACH Regulation) will have significant implications for companies that use chemicals in quantities above 1 tonne to manufacture products in the EU or import products into the EU.  Obviously, a vast range of products, including most of those found around the home like clothing, electronic equipment, automobiles, furniture, toys and cosmetics, which contain chemical preparations will be affected.   As a first requirement for manufacturers and importers, careful consideration should be given to pre-registering substances during the Pre-Registration window, which extends from 1 June 2008 to 1 December 2008.  The Pre-Registration process will require the submission of a limited amount of information such as contact details and a brief description of the relevant chemical.  A second requirement is the obligation to register the chemical with the European Chemicals Agency. 

No manufacturer or importer can manufacture or place on the market in the EU articles containing chemicals, unless they have been registered under REACH, if registration is required.  The requirement for registration arises under two sets of circumstances: (a) the chemical is present in the relevant article in quantities totalling 1 tonne or more per manufacturer or importer per year and (b) is intended to be released under normal or reasonably foreseeable conditions of use.  However, even unplanned foreseeable releases can spark registration obligations if the chemical is deemed by the Agency to be a potential risk to health and exposure of the chemical to humans or the environment cannot be excluded.  The only exception would be for chemicals that make up less than 0.1% by weight of the relevant article.

Registration will be phased according to the quantity of chemical used.  Thus, for manufacturers or importers wishing to continue manufacturing or importing in quantities of 1 to 100 tonnes per year the registration requirement does not apply until 1 June 2018.  However, in order to be able to take advantage of staged registration, potential registrants must pre-register.

All this means that manufacturers and importers will have to identify and quantify chemicals used in their products and assess how much could be released, and if necessary check whether it has been registered, and if not get it registered.  

For further information about REACH, please call Luisa Leone for a confidential chat on 01223-532714 or email her at luisaleone@hewitsons.com.