Who has to be compliant with REACH Declarations?

[Nicole Desouza]

Hi All,
Does anyone know who has to compliant with REACH Declarations? I am not clear on who or when this becomes an issue. Any information will be helpful.

thanks,
Nicole

 

[Tagin]

This site gives a good summary: Understanding REACH - ECHA

In particular:

"REACH impacts on a wide range of companies across many sectors, even those who may not think of themselves as being involved with chemicals.

In general, under REACH you may have one of these roles:

Manufacturer: If you make chemicals, either to use yourself or to supply to other people (even if it is for export), then you will probably have some important responsibilities under REACH.

Importer: If you buy anything from outside the EU/EEA, you are likely to have some responsibilities under REACH. It may be individual chemicals, mixtures for onwards sale or finished products, like clothes, furniture or plastic goods.

Downstream users: Most companies use chemicals, sometimes even without realising it, therefore you need to check your obligations if you handle any chemicals in your industrial or professional activity. You might have some responsibilities under REACH.

Companies established outside the EU: If you are a company established outside the EU, you are not bound by the obligations of REACH, even if you export their products into the customs territory of the European Union. The responsibility for fulfilling the requirements of REACH, such as pre-registration or registration lies with the importers established in the European Union, or with the only representative of a non-EU manufacturer established in the European Union."

 

[Nicole Desouza]

This site gives a good summary: Understanding REACH - ECHA

In particular:

"REACH impacts on a wide range of companies across many sectors, even those who may not think of themselves as being involved with chemicals.

In general, under REACH you may have one of these roles:

Manufacturer: If you make chemicals, either to use yourself or to supply to other people (even if it is for export), then you will probably have some important responsibilities under REACH.

Importer: If you buy anything from outside the EU/EEA, you are likely to have some responsibilities under REACH. It may be individual chemicals, mixtures for onwards sale or finished products, like clothes, furniture or plastic goods.

Downstream users: Most companies use chemicals, sometimes even without realising it, therefore you need to check your obligations if you handle any chemicals in your industrial or professional activity. You might have some responsibilities under REACH.

Companies established outside the EU: If you are a company established outside the EU, you are not bound by the obligations of REACH, even if you export their products into the customs territory of the European Union. The responsibility for fulfilling the requirements of REACH, such as pre-registration or registration lies with the importers established in the European Union, or with the only representative of a non-EU manufacturer established in the European Union."

Companies established outside the EU: If you are a company established outside the EU, you are not bound by the obligations of REACH, even if you export their products into the customs territory of the European Union. The responsibility for fulfilling the requirements of REACH, such as pre-registration or registration lies with the importers established in the European Union, or with the only representative of a non-EU manufacturer established in the European Union

Thank you!! this is what i was looking for

 

[Ronen E]

Thank you!! this is what i was looking for

A word of warning - that only covers direct responsibilities. You may still have indirect obligations, because those with direct responsibility are expected to obtain certain information from their suppliers (including outside the EU).

 

[mattador78]

We respond to all request for information in relation to REACH Rosh and WEE compliance but also state on our website all chemistry we use which is restricted under these regulations. As a principle if we are asked to process items to specifications using this chemistry we inform the customer at contract review of the restrictions and are they aware of the requirements for the end user. Usually military or aerospace its still good to go so we then process to request having done our part

 

[Nicole Desouza]

A word of warning - that only covers direct responsibilities. You may still have indirect obligations, because those with direct responsibility are expected to obtain certain information from their suppliers (including outside the EU).

Hi Ronen,
We are a Build to Print Supplier to an aerospace customer and we do not use any chemicals in production. We issue raw material certs with every order with any customer requested information also provided. Would you say this is enough to cover REACH compliance if we needed to be compliant?

thanks,
Nicole

 

[Ronen E]

Hi Ronen,
We are a Build to Print Supplier to an aerospace customer and we do not use any chemicals in production. We issue raw material certs with every order with any customer requested information also provided. Would you say this is enough to cover REACH compliance if we needed to be compliant?

thanks,
Nicole

REACH compliance is about the total content in the supplied product of specified substances (the list is very clear but it's not short and it keeps updating). If the information you provide ("material certs"?) allows customers to determine whether the listed chemicals are present and whether they exceed the threshold, that should be perfect. Even if not, as long as you provide the "customer requested information" you are still okay. Just be aware that customers may, at some point, require (REACH related) info that they currently don't, and will expect you to provide it in a timely manner. From your end it may be tricky to obtain and take quite long, so it's a matter of risk management. I guess that the risk is not huge, but that's for you to determine.

 

[mattador78]

REACH compliance is about the total content in the supplied product of specified substances (the list is very clear but it's not short and it keeps updating). If the information you provide ("material certs"?) allows customers to determine whether the listed chemicals are present and whether they exceed the threshold, that should be perfect. Even if not, as long as you provide the "customer requested information" you are still okay. Just be aware that customers may, at some point, require (REACH related) info that they currently don't, and will expect you to provide it in a timely manner. From your end it may be tricky to obtain and take quite long, so it's a matter of risk management. I guess that the risk is not huge, but that's for you to determine.

For one of our restricted chemicals we buy direct from Henkel who manufacture it and are part of the CTAC sub committee so it was easy to get the info from them, but for one item it took me 6 months for the total route information to be returned to me for the final answer to be it came from Henkel

 

[Nicole Desouza]

REACH compliance is about the total content in the supplied product of specified substances (the list is very clear but it's not short and it keeps updating). If the information you provide ("material certs"?) allows customers to determine whether the listed chemicals are present and whether they exceed the threshold, that should be perfect. Even if not, as long as you provide the "customer requested information" you are still okay. Just be aware that customers may, at some point, require (REACH related) info that they currently don't, and will expect you to provide it in a timely manner. From your end it may be tricky to obtain and take quite long, so it's a matter of risk management. I guess that the risk is not huge, but that's for you to determine.

Thank you Ronen, I have reached out to the consultant firm that is working with our customer on this and it turns out that we have to be compliant to REACH because our CUSTOMER is having to be.

 

[Ronen E]

Thank you Ronen, I have reached out to the consultant firm that is working with our customer on this and it turns out that we have to be compliant to REACH because our CUSTOMER is having to be.

Thanks for sharing your experience with the community.
However, so we don't mislead anyone - this is not what the regulation says. This is either that consulting firm's take on the regulation (erroneous IMO), or you misunderstanding them.
Your customers' official obligations may trickle down to you as customers' requirements, though, which is what I was trying to communicate.