EC Issues Reminder on Upcoming REACH & CLP Chemical Substance Deadlines

REACH Has Nov 30 Registration Deadline for Certain Chemical Substances

Under EU REACH, companies must send a registration dossier to ECHA by November 30, 2010 for chemical substances as such and in preparations that are: (i) produced or imported in volumes of 1000 tons per year or more; (ii) carcinogenic, mutagenic or toxic to reproduction and produced or imported in volumes of 1 ton per year or more; and (iii) very toxic to the aquatic environment and produced or imported in volumes of 100 tons per year or more. (For other chemical substances, the deadlines for registration are 2013 and 2018.)

EU importers, manufacturers must register. Only EU importers and manufacturers of chemical substances may register. Non-EU companies who export to the EU can appoint “Only Representatives” who fulfill the obligations of the importer. (See notice for details of the registration process.)

Unregistered substances may not be used. Failure to register means that the substance cannot be manufactured or imported in the EU. This will not only affect importers and manufacturers of these substances but also users who may no longer be able to use these substances in their products.

May generate safe use recommendations. In addition, the registration process may generate manufacturer and importer recommendations for safe use of substances which will be passed on in the supply chain. Users of chemicals will need to follow these recommendations, or, in certain cases, make their own risk assessments for their specific uses.

Classification, Labeling, Packaging (CLP) Has Dec 2010 & Jan 2011 Deadlines

In addition, the CLP Regulation places the following new obligations on chemical companies operating in the EU market:

Dec 1, 2010 classification, labeling, packaging. As of December 1, 2010, chemical substances placed on the EU market must be classified, labeled, and packaged according to the new CLP rules (e.g., classified as carcinogenic, mutagenic, toxic for reproduction, etc.; and labeled and packaged according to United Nations’ Globally Harmonized System criteria.)

Jan 3, 2011 notification. The trade also has to notify ECHA of this classification and labeling to a central database, called the Classification & Labeling Inventory. The deadline is January 3, 2011² for all substances placed on the market on or before December 1, 2010. Notifications for substances that are placed on the market at a later date (e.g. newly developed substances) have to be submitted within 1 month after their placing on the market.

Notification can be part of REACH registration. For substances that are registered under REACH by November 30, 2010, notification can be done as part of the registration process.

EU importers, manufacturers must notify. Only EU importers and manufacturers of chemical substances must submit a notification to ECHA, however, non EU companies can appoint an importer as an “Only Representative” to notify on their behalf.

Disclosure. Non-confidential information from the Classification and Labeling Inventory will be made publicly available on ECHA’s website.

¹REACH entered into force on June 1, 2007, and is intended to streamline and improve the EU’s former legislative framework on chemicals. It stands for Registration, Evaluation, Authorization and Restriction of Chemicals and places greater responsibility on industry to manage the risks that chemicals may pose to health and the environment.

²The EC states that even though the deadline is technically January 1, 2011, in practice it is January 3, 2011 due to the New Year’s Day holiday.

(See ITT’s Online Archives or 06/29/10, 04/09/10, 04/23/08, 05/30/08, and 10/29/08 news, 10062941, 10040930, 08042315, 08053035, and 08102910, for BP summaries of the REACH registration requirement.)

ECHA information, dated 09/13/10, on CLP deadlines is available here.

ECHA information on REACH is available here.