Duties under REACH

What is REACH?

REACH is the European Union’s new regulation to manage chemicals and stands for Registration, Evaluation and Authorisation and Restriction of Chemicals. REACH applies to substances as such, substances in preparations (mixtures) and substances in articles intended to be released, their import into the European Union, their use, manufacture, distribution and placing on the market.

REACH is the most comprehensive and complex legislation ever implemented by the European Union and replaces numerous EU laws and is complementary to other environmental and safety legislation.

Why does REACH exist?

It aims to ensure a high level of protection from exposure to chemicals in order to protect human health and the environment
For the free movement of substances on the European market
For enhancing competitiveness and innovation of the EU chemical industry
To promote the development of alternative methods for the assessment of hazards of substances.

REACH will fundamentally change the way in which chemicals are regulated and used throughout Europe. The public authorities will no longer be responsible for showing the hazardousness of chemicals – the chemical industry itself will now have to demonstrate the safe handling and use of chemicals on the market.

Who will be affected?

Almost everyone in the supply chain dealing with chemical substances will have certain obligations under REACH

All EU-manufacturers and EU-importers of chemical substances as such, in preparations or in articles intended to be released in quantities of 1 t/a will have to register each of these substances
Downstream users processing chemicals, formulating preparations (mixtures) for end use or using formulated products as part of their business.

What if I don’t do anything?

There is a new saying in REACH “No-registration – No market” meaning that non-registered substances and non-registered uses will become illegal!

How does REACH affect suppliers and customers?

Duties as an EU Manufacturer and Downstream User

All legal entities doing business in the EU must ensure that the substances in their products are registered at the European Chemical Agency in accordance with the established Time Schedule

The Registration process includes:

Participation in Substance Information Exchange Fora
Identification of all uses of the chemical substance
Documented Exposure Scenarios and recommendations for risk management measures
Communication of Exposure Scenarios down the supply chain via Safety Data Sheets
Communication of use of substances to suppliers
Apply operational conditions and risk management measures communicated via Safety Data Sheet or carry out a chemical safety assessment for any use outside the conditions described in the Safety Data Sheet
As a formulator of preparations (mixtures) document own Exposure Scenario

What is OMG doing to meet its REACH obligations

OMG has adopted a phased approach to REACH implementation to allow the company to pursue compliance in a systematic and cost effective manner. So far two phases have been identified:

Phase I, the Pre-registration process, which ended December 1st 2008
Phase II, the registration process, with deadlines in 2010, 2013 or 2018 dependent on the volume and hazard associated with each substance.

OMG has taken a leadership role in establishing REACH Consortia for several key substances. One primary example of this is the Cobalt Industry REACH Consortium. For more information on this consortium, go to http://thecdi.com/reach-consortium

Further information

For further information, please contact your OMG representative or directly our REACH Team at REACH@eu.omgi.com

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