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LEGISLATION & RULES

COM(03) 644 (01), October 23, 2003 Issued by the European Commission, this regulation establishes the REACH program and sets more stringent identification requirements of chemical substances. It also calls for the progressive substitution of the most dangerous chemicals when suitable alternatives have been identified, known by the acronym IST, or “Inherently Safer Technology” in the United States. Specifically, chemical manufacturers and importers are required to gather information on the properties of their substances and register this information in a central database. The European Chemicals Agency (ECA), based in Helsinki, Finland, will oversee the REACH program and will provide information on hazards to consumers and professionals.

Chemicals produced in volumes below 10 m.t./year are exempt from REACH standards if the substance is not considered to be of high concern to human health or the environment.

UPDATES, COMMENTS & OTHER REPORTS

January 3, 2006 Robert Westervelt, Editor-in-Chief of Chemical Week Magazine, has predicted there will be “mayhem in Helsinki” at the gates of the ECA as they begin to process the 30,000 chemical dossiers required by REACH. The key concern is that with just 100 staff manning the agency in 2007 rising to 400 in 2010, the rate at which the 30,000 dossiers can be handled is unclear.

The European Commission claims that REACH will simplify existing EU legislation on chemicals by replacing 40 existing pieces of legislation and creating a single system for all chemicals. However, the onus will be on industry to generate the data required and to identify the measures needed to manage the risks associated with hazardous substances. For many firms, registration will be the most costly and time-consuming part of compliance with REACH. Registration involves producing a dossier of information in collaboration with other manufactures or importers. Generally anyone that makes or imports a chemical into the EU above one ton per year will need to register the substance with the ECA.

REACH Implementation Schedule The REACH regulation was signed by the European Parliament on December 13, 2006 and by the Council of Europe on December 18, 2006. Once in force, REACH will require the registration of over 30,000 chemical substances over a period of eleven years. Going forward, the European Commission has outlined the following 11-year timeline for the program:

2007	2008		2010	2013	2018
June 1	June 1	June 1 thru November 30	November	June	June
REACH program begins.	European Chemical Agency becomes fully operational.	Pre-registration for phase-in substances begins.*	Registration deadline for carcinogens, mutagens and substances toxic to reproduction (CMR category 1 & 2) above 1 ton/year and substances classified as very toxic to aquatic organisms (R50/53) above 100 tons.	Registration deadline for substances in quantities of 100 tons and more and substances toxic for the aquatic environment.	Registration deadline for substances in quantities of 1 ton and more.

* New substances will need to be registered before they are placed on the market, thus there will be no pre-registration period for new chemicals. Instead, they should submit the registration dossier as required starting June 1, 2008. Also, voluntary registration prior to deadlines is possible. The ECA will begin collecting these dossiers on June 1^st as well.

Additional information on REACH can be found on the European Commission’s Web site at http://ec.europa.eu/environment/chemicals/reach/reach_intro.htm or contact Jude Brinkley, the Customer Liaison Manager with REACHReady, at jude.brinkley@reachready.co.uk. Information can also be found at REACHReady’s Web site at www.reachready.co.uk.

RELATED ILTA ARTICLES

ILTA provides a monthly newsletter to its membership. Members may log in to the Member Resources page to access archived newsletters. The following is a list of articles ILTA has published in its newsletter relating to the mechanical dye injection requirement.

GAO Report Favors REACH-Like Approach to the Toxic Substances Control Act October 2007 Issue (p.4)
Pact Between U.S. and E.U. May Lead to More Environmental Regulations, March 2007 Issue (p.3)
EU Signs Chemical REACH Law, January 2007 Issue (p.2)
European Chemical Regulation Proposal Reaches California, April 2006 Issue (p.2)
Comprehensive New European Chemical Legislation Within “Reach”, March 2006 Issue (p.2)