The final legal deadline to REACH register all phase-in substances manufactured or imported above one tonne per year was May 31st. If the registration obligation applies and companies did not submit a dossier by the last day of May, as of 1 June they can no longer manufacture or import the substance legally in the EU/EEA.
Chementors helped numerous Finnish and other EU companies, including many SMEs, as well in capacity of our role as legally appointed Only Representative for non-EU manufacturers, successfully submit their registrations for the final REACH deadline. It’s a true milestone and precedent to safeguarding our common future! So congratulations are in order.
We expect companies to finally realise REACH registration being a true business asset with a clear business advantage delivering a return on investment. Companies that registered can have guarantied access to the substances they depend, or your customers rely on, Non-EU companies who registered with Only Representatives will have access to the EU market. Lastly but not least, the added confidence provided now in knowing the relevant risk management measures that ensure safe use. Other positive side effects is that companies worked together sharing costs and avoided animal testing to a minimum. In addition, REACH is to stimulate R&D and innovation to find safer alternative substances and solutions to benefit us all
What will happen after 31 May 2018, as registration is just the first step in sound chemicals management?
There are further obligations to consider under REACH, not just concerning the duty to register. Indeed, registration itself even is not simply a one off task as it is living its dynamic just as are your business and portfolio. You are responsible for the safe use of your chemicals, must maintain compliance with REACH including to keep your registration up-to-date and accordingly implement and/or communicate any safe use recommendations – and this should be really happening and not ignored.
Enforcement is the key! It will really kick-off and becomes more apparent, more strict and more consistent – as it is required to ensure fairness to those complying with the law. Awareness of REACH will continue to grow among managers, workers, retailers, consumers and the public in general. Also other parts of the globe will be following as they are already.
ECHA will be busy checking the quality of the data submitted in the registrations, identifying non-compliant dossiers and also verifying company sizes if they really are an SME. Additionally Member States will also be carrying out substance evaluations to investigate certain concerns and may request even further information beyond the standard requirements. Ultimately further EU regulatory actions may be deemed neccessary.
Registrants and companies in general should be vigilant in order to be forewarned and react in due time. So far a majority of registrations submitted by companies are not adequate in quality, resulting that companies are urged to proactively and voluntarily revise and update the registrations. They are given reminder being responsible and liable of their registrations.
European Chemicals Agency (ECHA) have shared some tips for post-registration actions:
- Implement and ensure Risk Management Measures and further information for safe use is followed (capacity as registrant & user or downstream user of chemicals as such in formulations)
- Communicate important information – consider if your Safety Data Sheets should be updated OR other measures to informing downstream end users in the supply chain including consumers
- Aim to incorporate REACH matters and principles in your own overall day to day business activities and planning, synergising with other in-house management system, or policies
- Implement in-house training if necessary and be prepared for any inspections
- Make a plan for keeping your registration up to date. Keep track of new data, potential new uses for your substance and volumes produced or imported.
- Make sure you have access to your REACH-IT account (login details, set up e-mail notification alerts, back up contact person) – ECHA communicates officially to registrants via REACH-IT.
- Have a platform to collaborate with your other co-registrants to deal with new registrants and requests for more information from authorities.
- Submit an inquiry for each new substance you place on the market in quantities over one tonne per year.
- Follow the authorities’ work: check your portfolio for substances that are subject to regulatory action and see whether safer alternatives are available
- Seek help if needed, its available – from national helpdesks, ECHA helpdesk, Guidance documents, YouTube videos, industrial associations, laboratories
- ECHA acknowledges the importance of support provided by consultants and specialists since certain tasks are not straightforward, or companies simply don’t have the in-house capabilities or time. ECHA published a checklist helping you to select a suitable and reputable consultant
Chementors can help companies to review and update their registrations with the newest IUCLID format version while offering the benefit from all the experience gathered, as well as ECHA and sector feedback and advice now available. Chementors mentors companies in all roles and in multiple areas to concern chemical and product compliance management. Should you have any doubts or questions, please do get in touch. Our clients trusts us with their business.