REACH is a European Union regulation that effectively hands the chemical industry and their customers' supply chains responsibility for proving that otherwise grandfathered substances are safe and can be handled and managed safely throughout their entire lifecycle. Previously, since the US first developed the chemicals policy defined by the Toxic Substance Control Act in 1976, government has had the responsibility to prove that grandfathered chemicals in commerce were unsafe. TSCA, under these circumstances, has suceeded in banning only five such substances (and the asbestos ban was overturned). The EU has determined that this form of chemical policy is failing to protect users, consumers, and the general public and thus REACH.

Articles, such as electronics, furniture, toys, and clothing are generally exempt from most aspects of REACH, except in certain instances, which include:

Intentional Release

Substances that are intentionally released from articles and are present, in aggregate, in an amount greater than one metric ton per year be registered.

Notification of the Agency

Producers selling articles that contain candidate SVHCs over 0.1% by weight and are present in aggregate quantities greater than one metric ton per year may, under certain circumstances, have to notify the European Chemicals Agency.

Customer Disclosure You will need to disclose any candidate SVHCs that are in your product above 0.1% by weight to your customer, and provide adequate safe use information to them. Consumer Disclosure If any consumer asks, you will need to similarly disclose the presence of any candidate SVHCs in your product above 0.1% by weight, and provide adequate safe use information to them. "Consumer" is not defined by the regulation, but essentially means anybody. Restriction Annex XVII of REACH holds the bulk of the substance restrictions that are active in the EU. Knowledge of this annex is critical to ensuring compliance with REACH. How familiar are you with this ever-growing listing? Do you know how it's managed and maintained? Are you aware of how substances are added?

Business Risks

Perhaps the most onerous challenge of REACH, however, is the risk that one or more of your suppliers either is unaware of REACH and could be caught up in an enforcement action that shuts down your product line, or they are planning to discontinue a substance or preparation that could require you to find another supplier or redesign your product.

• Have you defined your expectations for REACH compliance for your design engineers and suppliers?
• Have you codified these requirements in your supplier and component selection and procurement/supply base management procedures?
• How confident are you of your supply chain's compliance with these requirements? Have you provided REACH training to your suppliers, and internal product development and manufacturing functions?
• Do you confirm REACH compliance during design reviews?

Choose DCA to Guide Your Company Through REACH

DCA has extensive experience training and helping manufacturing clients in many different industries determine their responsibilities and business risks under REACH, as well as tracking and interpreting the ongoing implementation of REACH for them. We have excellent contacts in the European Commission, industry organizations, standards bodies, universities, as well as with NGOs that broaden our insights in to regulatory issues, industry approaches, and consumer concerns. Contact us today to learn more about how DCA can help you prepare for REACH.

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