What are the industry obligations under REACH?
REACH places greater responsibility on industry to manage the risk of chemicals and provide appropriate safety information to professional users and, as far as the most hazardous substances are concerned, also to consumers.
Which industries will get obligations?
Manufacturers and importers are obliged to register substances they produce or import in quantities over 1 tonne per year. The registration requirement applies to substances on their own, in preparations and in articles under special conditions (intentional release). Failure to register means that the substance cannot be manufactured, imported or used in the EU market.
Downstream users of chemicals must apply the risk management measures for dangerous substances identified on the supplier Safety Data Sheets. They have a right to make their use of a substance known to the manufacturer in order to make it an identified use and have it covered in their supplier’s chemical safety assessment. In this case they have to provide sufficient information to allow the supplier to prepare an exposure scenario for the use. Alternatively they can conduct their own chemical safety assessment and report this use to the chemicals agency.
If a substance has been identified for authorisation, companies may only manufacture, import or use the substance after the so-called “sunset date” if they have obtained an authorisation for a particular use. Companies can apply for an authorisation until 18 months before the “sunset date”, providing all relevant documentation, including an analysis of substitutes and where safer alternative substances are available, substitution plans, and an indication of relevant Research and Development plans if appropriate.
Companies using substances subject to restrictions must respect the conditions of the restrictions.
