REACH

REACH is the Regulation of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals. It came into force on 1 June 2007 to ensure the provision of basic information on industrial chemicals produced, used and imported into the EU to restrict or prohibit the use of the most hazardous chemicals. REACH controls chemicals, either by themselves or in products, when they are produced and used in the EU or imported from foreign countries into the EU.

The manufacturer or importer must register all chemicals manufactured and placed on the EU market. Registration is required regardless of the hazard class in the following cases:

• the substance is manufactured or imported into the EU in quantities exceeding 1 tonne per year;
• the substance is not listed in the list of exemptions; Exceptions are made for:

radioactive substances, substances in temporary storage under customs supervision, the transport of hazardous substances, substances used in the interest of defense, non-isolated intermediates, waste, but not products recovered from waste

• monomers contained in a concentration of more than 2 % by weight of 1 tonne or more per year;
• excreted components from complex articles if their total volume is more than 1 tonne.

In principle, REACH applies to all chemical substances; not only those used in industrial processes but also in every-day lives, for example in cleaning products, paints as well as in articles[1] such as clothes, furniture and electrical appliances.

The most hazardous substances in REACH, harmful to people or the environment, are known as Substances of Very High Concern (SVHCs) and are included in the REACH Candidate List, updated twice a year. REACH defines an article as an object which during production is given a special shape, surface or design that determines its function to a greater degree than its chemical composition. According to REACH, articles are for example clothing, flooring, furniture, jewellery, newspapers and plastic packaging. On January 17, 2023, the European Chemical Agency (ECHA) added nine hazardous chemicals to the list of SVHC, thus increasing the overall number of SVHC chemicals to 233. 

Once a substance is added to the Candidate List, REACH imposes immediate obligations on manufacturers and importers to declare the substances if present. SVHC listed chemicals only allowed with special time-limited authorization in the EU. If an authorization is not renewed, an SVHC chemical gets a sunset date, after which it may enter the EU REACH restriction list.

The EU member states recognize SVHCs as chemicals of particular concern but globally relevant, as many are now spread uncontrolled with materials in international supply chains for products. Several countries use the EU REACH Regulations as a source of inspiration for reforming their own national chemical legislations.

However, after 17 years of operation, REACH, the EU fundamental law, needs to be revised to accomplish crucial actions outlined in the EU Chemicals Strategy for Sustainability. Pending crucial actions include, but not limited to:

• Promotion safe and sustainable chemicals globally along with an export ban on hazardous chemicals prohibited in Europe;
• Introducing or reinforce provisions to take into account combination effects in industrial chemicals, food contact materials and cosmetics legislations;
• Publishing the Communication on Essential Use Concept
• Establishing an EU Chemical Early Warning and Action System to address emerging risks.

Further reading:

Understanding REACH: https://echa.europa.eu/regulations/reach/understanding-reach

Getting started with REACH implementation: https://echa.europa.eu/support/getting-started

REACH and Substances of Very High Concern: https://sinlist.chemsec.org/

REACH and SVHCs

REACH and SVHCs

Connection between REACH & CLP: https://www.cirs-reach.com/REACH/REACH_CLP.html

NGO letter urging the Commission to advance on the Chemicals Strategy promises: https://eeb.org/wp-content/uploads/2023/11/NGO-letter-Sefcovic_CSS-pending-deliverables.pdf

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