EU REACH: Update
No. 23/ 2009 Under the REACH Regulation, a restriction can be introduced if a substance poses an unacceptable risk to human health or the environment. Restricting the use of chemicals is nothing new. REACH contains already 58 entries (dangerous substances, preparations and articles) where the use of chemicals is in one way or the other restricted on the basis of earlier legislation. These entries are listed in the Annex XVII of the regulation.
From 1 June, an EU Member State or ECHA (on demand of the European Commission) can submit a dossier initiating a process to restrict the manufacturing, placing on the market or use of a particular substance either as such, or in mixtures or articles.
Since 1 June 2009, Member States may submit notifications of their intention to prepare a restriction dossier, and the Commission may request ECHA to prepare a dossier. According to ECHA’s current information, Member States are planning to submit their first restriction proposals in spring 2010. The Commission has indicated that it may request ECHA to prepare proposals as a result of the review obligations that are included in the current entries of the restricted substances (in Annex XVII of REACH).
Guidance in a Nutshell The European Chemicals Agency (ECHA) is producing a series of shortened versions of the REACH Guidance Documents in order to make the corresponding Guidance Documents published by the Agency more accessible for industry.
These documents explain in simple terms the main elements of the full guidance to industry managers including managers of small and medium sized enterprises. It will enable companies to have a quick overview of the implications for them of different aspects of REACH. Such shortened documents providing guidance in a nutshell cannot contain all details and therefore, it is advised to consult the full guidance in case of any doubt.
A notification of substances in articles shall be made at the latest 6 months after it has been included on the candidate list of substances for authorization, but only starting from 1 June 2011.
If the following condition is met, no notification is required:
The articles have only been produced and/or imported by the producer/importer before the substance was included in the candidate list of substances for authorization.
The obligation also applies to articles which were produced or imported before the substance was included in the candidate list and are supplied after the inclusion. Thus, the date of supply of the article is the relevant date here.
A packaging is always to be treated as an article separate from the contents of the packaging. Therefore, the obligation to communicate information on substances in articles also applies to packaging materials.
Information Source ECHA newsletter No.3 May/June 2009 (PDF 1.48 MB)
Commission Regulation (EC) No 552/2009 (PDF 835 KB)
Guidance in a Nutshell SGS Taiwan LTD. – Taipei Multi Chemical Laboratory t: +886 2 2299 3279
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