Now that the very important REACH deadline of 30 November 2010 for the registration of substances in high volume or high risk is passed, do not forget that another important deadline is around the corner: the notification of substances of very high concern (SVHCs) in articles.
The notification of SVHCs in articles is due 1 June 2011 for SVHCs already on the candidate list, which is found at http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp. For substances added to the candidate list after that date, notification is required at the latest 6 months after the substance has been included on the list. There is a registry that announces the intention of Member States to propose substances for addition to the candidate list which provides advanced warning of substances that are likely to be added in the future. This Registry of Intentions is found at: http://echa.europa.eu/chem_data/reg_intentions_en.asp.
Pursuant to Article 7(2) of REACH, the notification of SVHC in articles is required when the following conditions are met:
Where all three conditions are met, notification is required.
Information requirements for the notification
Where a notification is required, the following information must be provided to the European Chemicals Agency (ECHA):
No notification required under certain conditions
Note that if the manufacturer or importer can demonstrate that there is no exposure to humans or the environment during normal or foreseeable conditions of use of the substance (including disposal), it would be exempted from the notification obligation described above.
In addition, pursuant to Article 2(6) of REACH, the notification of a substance in an article is not required if the substance has already been "registered for that use". In order to benefit from that exemption, your company will need to ensure that it is indeed the same substance that has already been registered and that the use is the same. Information on substances already registered is found at: http://apps.echa.europa.eu/registered/registered-sub.aspx.
In order to verify whether a substance has been "registered for that use", your company will have to check the process by which the registered substance has been incorporated into an article and into what type of article. There are several ways to do this, notably by examining the chemical safety reports (CSR) or by directly contacting the lead registrant or consortia dealing with the substance.
Furthermore, notification is not required for a substance in articles which have been produced or imported before the substance has been included on the candidate list.
Finally, the obligation to notify substances in articles also applies to packaging materials, which may be produced or imported separately as packaging of imported goods.
Possibility for the Agency to require the registration of notified substances in articles
For substances in articles not subject to registration because the substances are not intended to be released, the ECHA may decide that the producer or importer of an article must submit a registration if the following conditions are met:
Please note that SVHCs in imported articles are exempt from authorisation, these could be subject to restriction.
For help in complying with the above obligations, please contact Herb Estreicher at 202-434-4334 or firstname.lastname@example.org.
This Article is part of a series on the REACH Authorisation Process and REACH obligations concerning SVHCs. The Brussels office of Keller and Heckman LLP has been assisting clients on REACH Registration for a number of years, and is now focusing its attention on Dossier and Substance Evaluation, Obligations concerning SVHCs, Authorisation, Restriction, and REACH Enforcement. For further information, contact Herb Estreicher (Tel: 01-202-434-4334; +32 (0)2 645 50 96; e-mail at email@example.com), Marcus Navin-Jones (Tel: +32 (0)2 645 50 97); e-mail at firstname.lastname@example.org), or Mark Boelens (Tel: +32 (0)2 645 50 68); e-mail at email@example.com.
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