Our responsibilities under the REACH regulations

[prototyper]

I have read the REACH guidelines provided by the European Automobile Manufacturers Association (Great read, I would recommend it at bedtime!) and have taken advice from one of my largest customers, but I am still a little confused as to our responsibilities.

I interpreted the guidelines to say that if we use more than 1 ton of a substance, we have to ensure that the substance is registered.
I have been told that this is not the case and that any substance (We use some materials in very small amounts) used must be registered and it is our responsibility to ensure its registration up the supply chain at the manufacturer or importer.

Does anyone have a definitive answer as to our responsibilities under the REACH regulations?

Many thanks

Mick

[antoine.dias]

Hi prototyper,

My interpretation is the following :

1) you can pre-register any substance ( has to be done before Dec 1st 2008 ) free of charge.

2) you have to register any substance of which you use more than 1000 tons before Dec 1st 2010
or ( regardless of used quantity ) also before Dec 1st 2010:
- any CMR ( Carcinogenic, Mutagenic, Toxic for Reproduction ).
- any PBT ( persistent, bioaccumulative or toxic ).
- any vPvB ( very persistent, very bioaccumulative ).

3) you have to register any substance of which you use more than 100 tons before June 1st 2013.

4) You have to register any substance of which you use more than 1 ton before June 1st 2018.

No requirements on usages lower than 1 ton except see 2)

So, Pre-registering buys you time to get your stuff registered. If not pre-registered you are not (legally) allowed to import, sell, .....the substance in Europe from Dec 1st 2008 onwards.
Best regards,

Antoine

[prototyper]

Many thanks Antoine,

Your interpretation is the same as mine, but it differs significantly from that of my customer.

I will contact some of my other customers to verify their understanding of the regulations.

Mick

[Kales Veggie]

I agree with the interpretation. This applies to the manufacturer (in the EU) and importer (of substances manufactured outside EU). A "using" company can not register substances that are manufactured by a supplier. (for example I buy and use a plastic resin. I can not register this. My resin supplier has to register this resin. I should communicate/cascade this requirement through my supply chain).

[prototyper]

In order to get clarification I have contacted the UK Health and Safety Executive. HSE are the regulatory body responsible for the REACH implementation in the UK. The HSE have a REACH helpline 0845 4089575 (From within the UK) and were very helpful.

HSE interpretation of the regulations

1. We are not a manufacturer of substances or preparations.
2. We do not need to take any action.
3. It is the responsibility of the manufacturer or importer, of any substances or preparations that we buy, to register under the REACH regulations.
4. We may want to consider continuity of supply where substances or preparations are manufactured outside the EU and the manufacturers do not provide information for registration.
5. Exceptions - Do we use any substances or preparations for a use other than as intended? In this case we should contact the supplier with details of the use so that they can include in registration or advise on the use. Do any substances or preparations that we use contain substances of very high concern? Consider alternatives.

I understand the automotive OEM's pushing this matter up the supply chain from an awareness point of view, but it appears that some of their communications are confusing and conflicting with HSE advice!

[harry]

Thanks prototyper,

This is the link to HSE website. What is your role in REACH?

3 files are available for download - What REACH means for: 1. Manufacturers, 2. EU importers and 3. users of chemicals