REACH

REACH

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Introduction
The EU chemicals policy has been reformed based on the following reasons: With the new EU legislation on chemicals in place (abbreviated as REACH), the chemical industry recognizes its responsibilities to ensure the protection of human health and the environment, while delivering good economic performance and meeting the expectations of the market. The Netherlands government understands the position of the chemical industry, and all other companies dealing with chemicals, and provides guidance through a helpdesk, tools and close cooperation with organizations in the industrial sector.

REACH (Registration, Evaluation, Authorization and Restriction of Chemicals) is the Regulation
(1907/2006/EC) for Registration, Evaluation, Authorization and Restriction of Chemicals. It entered into force on June 1, 2007, to streamline and improve the European Union's legislative framework on chemicals. REACH places greater responsibility on industry to manage and reduce the risks that chemicals may pose to health and environment. REACH also has an additional objective: to assure the free movement of chemicals within the EU market, and to enhance innovation and the competitiveness of the EU-based chemical industry.

Adoption of REACH
From June 1, 2007 REACH went into effect for new, and will be gradually implemented for existing, substances. The requirements on safety data sheets also went into effect. REACH will be implemented in phases as this is a time-consuming task with a lot of stakeholders involved. Until June 1, 2008, there is a transition period during which current complementary legislation and regulations remain in place. From June 1, 2008, most REACH requirements will come into effect. On that date, the Chemical Substances Act (WMS) of the Netherlands will be replaced in full by the REACH-requirements. The execution and enforcement will be arranged according to chapter nine of the Environmental Protection Law. This means that REACH will also be part of the environmental permit from June 1, 2008, onward. On June 1, 2009, the Substances Restrictions Act in the Netherlands will be abandoned.

Obligations for manufacturer, importer, or downstream user of chemicals or distributor
REACH focuses on all manufacturers and downstream users of chemicals as well as importers and distributors who have any dealings with chemical products. Under REACH, your company may play various roles depending on the types of substances you use, and your participation in the life cycle of the substances. You may be a manufacturer or importer of one chemical, while for another chemical you are a downstream user. In short, REACH comprises the following steps:

  • Pre-registration and exchange of information
  • Registration of substances
  • Evaluation by the relevant authorities.
  • Authorization by the relevant authorities

REACH requirements are stricter on manufacturers and importers than on downstream users and distributors:

  • Manufacturers and importers intending to place substances (or substances in preparation) on the EU-market are required to collect data on physical-chemical, toxicological and eco-toxicological properties in order to participate in the required registration process. The amount of data will depend on the anticipated or actual annual production or import volume, the characteristics of the substance involved, and the substances' intended use, as well as the extent to which, and in what way, people or the environment may be exposed to those substances.
  • Downstream users and distributors are obliged to communicate information on use and exposure risks to producers/importers and must pass information on risks to health and environment in the supply chain, and to take actions in implementing risk reduction measures.

REACH process
The REACH process is shown in the following graph:

REACH proces

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