The registration, evaluation, authorization and restriction of chemicals (REACH) relates to all chemical substances, not just those included in manufacturing or industrial processes, but also those being used in our daily lives, such as in cleaning products, paints and electrical appliances.
REACH legislation ensures that procedures are in place for collecting and assessing information on the properties and hazardous nature of chemical substances.
REACH Regulation changes 2021
REACH is an EU regulation (No 1907/2006) relating to chemicals and their safe use. It was brought into legislation in June 2007.
A new Directive (EU) 2018/851 was introduced in May 2018 and will go into effect on January 1, 2021. This new directive defines the amendments to the existing REACH EU regulation, including:
- The European Economic Area is included (i.e., EU countries and Iceland, Liechtenstein and Norway).
- Operators are required to comply with CLP Annex VIII obligations.
- A unique formula identifier regarding hazardous mixtures must be supplied for use at industrial sites, and be indicated only in Safety Data Sheets (SDSs).
- Suppliers of articles containing substances listed in the REACH Candidate List of Substances of Very High Concern (SVHCs) must submit notifications to the European Chemicals Agency (ECHA) when the concentration is above 0,1% (pursuant to Article 59(10) of the REACH Regulation (EC) No 1907/2006).
- This is intended to facilitate the recycling of products initially included in the EU Waste Framework Directive.
- Substances of Very High Concern (SVHCs) may be used as defined in the REACH Candidate List.
- The Candidate List is updated every six months and currently contains 191 substances.
- Suppliers of articles must provide information regarding articles containing Candidate List substances in a concentration above 0.1% to the Substance of Concern in Products (SCIP) database.
REACH 2021 compliance
To satisfy REACH regulations, companies must identify and mitigate the risks linked to the substances they use during manufacture and products brought to the EU/EEA marketplace and are also responsible for maintaining an adequate audit trail and evidence.
Key company requirements include:
- Providing evidence to the European Chemicals Agency (ECHA), on how the substance or substances can be safely used, and how the company communicates any risk measures to the customers.
- Registering and inputting SVHC onto the SCIP database.
- Submitting SVHC notifications to the ECHA.
- Obtaining SVHC authorizations.
- Classifying SVHC according to CLP Annex VIII.
The responsibility for adhering to the requirements of REACH lies with the importer or the related EU representative for the Non-EU manufacturer.
Enforcement and penalties
Failing to comply with REACH regulations, and causing or permitting others to violate a listed REACH provisions, are criminal offences. Such violations can fall under a failure to comply with enforcement notices, providing incorrect or misleading information, or obstructing inspectors in their duties.
The penalties for REACH non-compliance can include fines and imprisonment. They are split into two categories:
- Administrative penalties for infringement of registration and/or authorization obligations can result in a fine up to €30,000 and/or up to four years imprisonment.
- Criminal penalties for major offences of REACH EU regulations, which could impact health, can result in a fine up to €5,000,000 and/or up to seven years imprisonment.
Schedule 6 of the EU REACH Enforcement Regulations 2008 states that enforcement powers granted to individual EU member states fall under existing health and safety, consumer protection or environmental protection regulations in place within that country.
REACH and BREXIT
After voting to leave the EU, the UK invoked Article 50 of the Treaty on European Union on March 29, 2017. However, during the upcoming transition period starting on February 1, 2020 and lasting at least until December 31, 2020 the EU REACH Regulation and all other EU laws will continue to apply in the UK.
Currently, there is a draft UK Law called “The REACH (Amendment) (EU Exit) Regulations 2019”, which is being negotiated during the transitional period.
Global Trade Management
- Livingston’s focus on REACH compliance goes beyond the legislation, and encompasses our experience of business best practices, regulatory controls, and process and procedures to support your REACH product compliance program.
- We offer the following key elements to support your REACH Compliance Program
- Building an effective REACH Compliance program to prevent, detect and deal with non-conformity to minimize the risk of criminal actions, financial loss and reputational damage.
- REACH certification and authorization and/or EU SCIP Database Registration and submissions
- Determination of new additions to the SVHC list.
- Provide REACH training – how to identify, manage and prevent REACH non-compliance.
- Auditing the effectiveness of your REACH compliance program
Business Process Services
Livingston delivers technical and business process expertise, so you can focus on your core supply chain competencies. We help businesses of all types accelerate their compliance program and implement streamlined, efficient processes by designing and delivering program management, statutory reporting, information management and contact center services.
To find out how Livingston can work with you as a trusted partner for all your REACH needs. Contact us at: UK@livingstonintl.com or give us a call at +44 207 156 5245 or +44 791 759 4588.