REACH: Four Years Later

June 30, 2011

    On June 27, 2011, Barnes Richardson associate Helena Sullivan attended a seminar hosted by the Department of Commerce on the REACH EU Chemical regime. The basics of REACH were laid out in BRC partner Rick Van Arnam’s A Practice Guide to REACH-The EU Chemical Classification System when the regime was first enacted in 2007. However, practical issues that have come up in REACH implementation, and upcoming deadlines for registration, were discussed at the seminar.

    Flavie Guerin, Commercial Specialist for REACH issues at the U.S. Mission to the EU in Brussels discussed the recent and upcoming registration deadlines. November 30, 2010 was the registration deadline for substances exported in quantities of more than 1000 tons per year, as well as certain substances which are carcinogenic, mutagenic or toxic to reproduction and chemicals used in quantities above 100 tons per year that pose long term risks to aquatic organisms. The next registration deadline is May 31, 2013 for substances exported in quantities of more than 100 tons per year. 

    This deadline applies to substances, substances in preparations, and substances contained in manufactured articles that are intended to be released (i.e. that are released in the normal course of usage). However the May 2013 deadline only applies if you were pre-registered in 2008. If you missed the 2008 pre-registration deadline, you can register in 2013 only if you are now exporting for the first time; otherwise you are required to register immediately. Note that only EU manufacturers and importers can register, so if you are an exporter you must appoint a REACH “Only Representative” that is resident in the EU, or rely on the registration of your supplier’s Only Representative if such registration covers your volumes. (Full Article)