Reach Advice

REACH came into force on 1st June 2007. All producers and importers who will place so called "substances", "preparations" or "articles with an intended release of substances" on the European market* need to prepare for REACH compliance. Companies who ignore REACH may not only breach the law, they may also face loss of business due the fact that substances which have not have been pre-registered cannot be produced or imported after 1st December 2008. If a company carries out one of the following activities, REACH must be observed:

• Manufacturing substances in the European Community* in amounts of 1 tonne or more per year
• Importing substances in their natural form or importing substances in preparations in amounts of 1 tonne or more per year from non-EU countries
• Importing articles containing substances which are intended to be released (and present in all those articles in quantities of 1 tonne or more per year)

* REACH is a Regulation that directly applies in all Member States of the European Union. REACH has been incorporated into the Agreement on the European Economic Area (EEA). This means that REACH also applies in Iceland, Liechtenstein and Norway.

Articles are not required to be registered under REACH. However, there is a duty of notification to ECHA on so-called substances of high concern (e.g. carcinogenic substances or substances that change the genotype or endanger reproduction) if they are contained in an article. This duty is obligatory in the following circumstances:

• the substance was added to the so-called list of candidates
• more of 0,1 % (w/w) of the substance is contained in the article
• the substance is contained in all articles in overall volumes of more than one metric ton per year and per producer or importer, and
• the substance can not be safely isolated in the finished product during its lifecycle and the substance was not registered for this article.

Substances of very high concern must be notified from June 1, 2011 or six months after the substance was added to the list of candidates. A further information duty becomes valid right after a substance has been added to the list of candidates:
Suppliers must inform their customers immediately about these substances of high concern in articles where they appear in a concentration of more than 0.1% (w/w), and must submit all information they possess to their clients in order to ensure safe usage of the product. If the consumer requests information on the substances of very high concern, suppliers must also deliver this information within 45 days of the consumer’s request.

The list of candidates appears at this link: https://echa.europa.eu/candidate-list-table. It is updated continuously, therefore all parties in the supply chain should be especially diligent.

All over the world there are different laws on how to identify the hazardous properties of chemicals and how the information about these hazards is then passed to users. This might cause confusion due to the fact that different countries may apply different hazard descriptions to the same chemical. In order to address this confusion the United Nations created the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

European CLP Regulation

CLP Regulation 1272/2008/EC on Classification, Labelling and Packaging of substances and mixtures implements the GHS into European law. As a regulation, no further implementation into national law is required. CLP entered into force on 20 January 2009.

Manufacturers and importers who place substances on the market will have to notify certain information to the Classification and Labelling Inventory.

Classification & Labelling Inventory

The Classification & Labelling (C&L) Inventory (the “Inventory”) is a database which will contain basic classification and labelling information on notified and registered substances which have been received from manufacturers and importers. It will also contain the complete list of harmonised classified substances in Europe. The Inventory will be established and maintained by the European Chemicals Agency (ECHA).

Changing responsibilities

Through a skillful and efficient management of substances and hazardous materials, REACH Advice GmbH can provide you, whether you are a chemical manufacturer, supplier or trader, with the assurance that your products will always comply with current, applicable legislation on their way to the world-wide market. Through REACH Advice GmbH you can order tailored services or an entire outsourcing of hazardous goods management. Our experienced team of experts will consult and support you during the entire process of handling substances, from the purchase of a substance through to product development, registration and handling.

The following services are available:

• Validation of the products' and substances' marketability
• Registration application, listing of substances
• Research and evaluation of substance data
• Classification and labelling of hazardous goods, substances and mixed substances as required by legislation (for example, laws that regulate hazardous goods, transport etc.)
• Creation of SDS (Safety Data Sheets) in compliance to REACH and CLP (GHS) invarious languages

Our aim is to clarify your company's tasks, responsibilities and obligations under REACH. The impact REACH will have on your company is always case-dependent and related to a number of factors. We will put an emphasis on various items including:

• What is your company's position regarding the REACH regulation?
• Which of your company's products are under the scope of REACH and which are under the scope of CLP?
• How hazardous are your substances?
• Is it possible to limit the scope of REACH in the event of a changed sourcing?

In a second step we will evaluate your company's internal structure.

• What tasks can be performed in-house by your staff?
• What items and tasks require external assistance?
• What sort of training measures are required and how often would these measures need to be repeated?
• These procedures will prepare your company for the next steps on your way to REACH registration.

SVHC are substances that can have dangerous and often irreversible impact on human beings or the environment. According to article 57 of REACH, substances that were included into the candidate list are classified as Substances of Very High Concern (SVHC). These substances will be put on the authorization list and their use will restricted by the European Commission.

What does this mean for your company?

The SVHC aspect of REACH affects not only the manufacturers of a substance or product but also its distributors, importers and traders. This of course has a significant impact on your company. The SVHC part of REACH has a business aspect also because it will affect the in-house management of your products and their supply chain, it will stabilize your customers' faith and strengthen your brand.

The services of REACH GmbH include consulting on compliance with the SVHC regulation, strategic support throughout the supply chain and an expert SVHC testing service. REACH GmbH can provide you with individual or tailored services, or a one-stop service package. We can offer SVHC testing for a wide variety of products.

REACH establishes not only a new system in assessing the risk behind the usage of chemicals: REACH will lead to a new responsibility. Legal sanctions may threaten executive bodies and officers on the board of companies or in administrations. For this reason, the demands placed on companies to attend carefully to REACH are dramatically increased compared with the old chemicals legislation. As a result, management is now confronted with a responsibility and liability that is no longer assumed by governmental monitoring agencies and one which cannot be diminished by means of delegation.

Article 126 of REACH regulates the obligation of member states to impose penalties. The EU member states impose several types of penalties Including prison and market withdrawal, however one common feature is the imposition of fines.

To prevent your company from facing any of these penalties REACH Advice GmbH will evaluate your role within REACH and will show you the necessary measures your company will have to carry out in order to be compliant.

REACH applies to all chemical substances, including metals. Therefore, everyone who manufactures in or imports metals from outside the EU above one tonne per year may have registration obligation under REACH. Due to lack of knowledge and transparency many companies are uncertain about the correct procedures and the ultimate costs of REACH. As a consequence, metalshub and the REACH Advice GmbH have entered into a strategic cooperation to support companies in the metals business with REACH. This cooperation has the objectives

• Create more transparency and keep you informed about REACH.
• Make REACH related services easily accessible for metalshub users.
• Provide expert support around registration, representation & compliance.

REACH Advice GmbH are the leading experts to assist especially trading companies in fulfilling their requirements of REACH. Metalshub is a leading digital marketplace for companies buying and selling ferroalloys and metals increasing transparency and efficiency on the metal’s market.

E-Mail: frank.jackel@metals-hub.com

Additional information?