INTRODUCTION

After a number of years of discussion, the EU's REACH scheme for chemicals was finally agreed in December 2006 as EU Regulation 1907/2006. As a Regulation, rather than a Directive, REACH came into force in the whole of the EU on the same day - 1st June 2007.

REACH is the most complex legislation ever to affect chemicals and it will have major impacts on all chemical users. Because of this complexity, REACH will be implemented in stages over a total of eleven years.

The scope of REACH is also considerably wider than any previous legislation and, for example, it will not only affect JMB as a chemical manufacturer and importer, but will also affect our customers, their customers, their customers etc, stopping only at the consumer level.

REACH will even affect companies producing "articles", where the presence of chemicals may offer a health and/or environmental hazard. As an example, a ball-point pen would not normally be judged as being a "chemical", but if the chemicals in the liquid ink offer a hazard, then the pens may also be covered by REACH requirements - it having been agreed that they should be treated as being containers for the ink within.

It is important to realise that REACH covers chemicals singly - not mixtures. If a particular product is a "preparation" (ie a mixture) then REACH will require the registration of the components present in the preparation. When, and in what detail, the different components have to be registered depends mainly on the quantities handled per annum by the manufacturer / importer into the EU.

Please also note that many products which you may not normally think of as being "chemicals" will come under REACH eg carbon black or titanium dioxide. The only safe course is to assume that all the materials you handle are subject to REACH, unless you can prove that they fall outside its range.

REACH IMPLEMENTATION

A small number of chemicals are excluded from REACH registration obligations because their intrinsic properties mean that they offer very little risk to human health or to the environment. These are listed in the updated Annexes IV and V (please see below for a link).

The first major stage of REACH has now been completed - the six-month "pre-registration" phase for chemicals which are listed in the EU's EINECS chemical inventory closed at the end of November 2008. This process allowed all such pre-existing chemicals to be granted a delay before full registration has to take place - this delay varying with the hazard classification of the chemical and the annual volume handled by the manufacturer / importer.

For importers / manufacturers handling more than 1 tonne per annum of any substance for the first time, there still exists the possibility of making a "late pre-registration" - within certain restrictions (see the legislation for full details). This possibility is not available if a manufacturer / importer has simply missed the pre-registration deadline.

If a late pre-registration is not possible, after 1st January 2009 all chemicals which have not been pre-registered must go through full REACH registration before they may be manufactured / imported into the EU in quantities above 1 tonne per annum..

The ECHA makes contact details of all companies who have pre-registered any particular substance available to these companies. It is expected that the companies will liaise to form one or more consortia to cooperate in the preparation of the technical dossier for the chemical : this "pre-SIEF" process is currently taking place.

JMB REACH IMPLEMENTATION

JMB has completed pre-registration of all chemicals it manufactures or imports into the EU, unless the chemical is either a) excluded from REACH (annexes IV and V) or b) the quantity handled is below the REACH trigger level of 1 tonne per annum. Details of these pre-registrations can be found using the link above.

We have also pre-registered all relevant process intermediates and ensured that suppliers of critical raw materials have pre-registered the chemicals we buy from them.

We have contacted the manufacturers of the materials we merchant for information on their plans for REACH compliance. Details of their pre-registrations are also recorded, several located outside the EU using EU-based "only representatives" for REACH purposes.

JMB has already joined the consortium organised by the International Cadmium Association which will produce the technical registration dossiers covering our cadmium-based products.

An important part of REACH is the flow of information from manufacturers down the supply chain to customers and the reverse flow of information up the chain from customers covering information on usage etc up the chain to manufacturers / importers.

If any customer thinks it possible that their use of any material we supply is "unusual" and may not be covered by a general registration, we would strongly suggest that they contact us so that we can ensure that the company registering the product is made aware of this specialised use.

The registrant may or may not choose to include the specialised use in its registration : if it declines to do so, the end-user can choose to do so itself.

The EU has published the first "candidate list" of chemicals which may be subsequently judged as being "substances of very high concern" : the list may be found here. We only distribute a single product which contains a "candidate list" substance and we have already contacted the small number of customers affected.

WHAT DO DOWNSTREAM USERS OF CHEMICALS NEED TO DO ?

WHERE DO WE FIND FURTHER INFORMATION ON REACH ?

Any customer who hasn't yet checked how REACH will affect them should do so as a matter of urgency, as it is possible that they may discover that a chemical critical to their operations may no longer be available if the manufacturer / importer into the EU decides not to put it through REACH. The actual legislation, official guidance for downstream users and much other help is available (please see details below).

Many of our downstream users belong to trade associations for the plastics, coatings, paints and ink industries. Many such bodies have established working groups to coordinate their members' response to the many new requirements established by REACH and to advise them on how particular sections apply to their products.

The UK Chemical Industries Association has set up a subsidiary called "REACHReady" to help its members comply with REACH - please find further details below.

To help our customers keep up-to-date with the developing REACH situation and to raise specific points of interest, we have produced a number of short REACH newsletters. If you haven't yet contacted us about REACH, please do so as soon as possible and provide full contact details of the person dealing with REACH. Please also advise if you would like copies of our REACH newsletters.

RECOMMENDED DOWNLOADS

The shortened and corrected version of the REACH Regulation can be downloaded using this LINK (278 pages).

Please note that annexes IV & V of this document - which list substances excluded from REACH registration - have now been replaced by updated versions - the new annexes can be found HERE (.pdf file, opens in a new window).

We strongly suggest that all our customers download the official guidance for downstream users (162 pages) using this LINK.

Under REACH, "use" of chemicals is defined as "any processing, formulation, consumption, storage, keeping, treatment, filling into containers, transfer from one container to another, mixing, production of an article or any other utilisation".

REACHReady has produced a set of guidance documents under the name "REACH basics" which we are allowed to distribute freely to non-members. One of these documents is aimed specifically at downstream users. If you would like a copy, please click HERE (.pdf file, opens in a new window).

USEFUL LINKS

European Chemical Agency (Helsinki, Finland)

The source of official information on REACH : the site is still being expanded.

All official guidance documents on REACH are now on the ECHA Internet site and can be located HERE

European Chemical Bureau (Ispra, Italy)

Although this site no longer includes any REACH guidance, it still has useful information available.

For example, the ECB site has an online version of the EINECS chemical inventory, searchable by chemical name, CAS Registry Number and EINECS number.

REACHReady

This has been set up by the UK Chemical Industries Association to help its members comply with the complex requirements of REACH. As a member of CIA, JMB has free 'gold-level' membership : FREE 'silver-level' membership is open to all. We have found this organisation well-informed, helpful and efficient in dealing with questions.

UK Health & Safety Executive

The HSE is the Competant Authority in the UK for REACH. It now publishes REACH e-bulletins : as these are free, it would seem sensible for all our customers to sign up !

HSE has set up a help desk for REACH-related queries : telephone 0845 408 9575 or by e-mail ukreachca@hse.gsi.gov.uk

JMB REACH contact

The person dealing with REACH matters at James M. Brown Limited is Phil Rowley. Please find contact details below :-

telephone: + 44 (0)1782 744171

fax: + 44 (0)1782 744473

e-mail for REACH matters: reach@jamesmbrown.co.uk

The information we have posted on REACH will be reviewed from time to time and, where necessary, further information or extra pages will be added