What Russian companies should know about REACH
1) Does any company, which supplies products to EU needs to analyze, whether REACH affects it?
Yes, any company, which supplies products to EU needs to analyze, whether REACH affects it.
REACH is a complex legislation which may impact in different way the ability of Russian companies to export products to the EU. The scope of legal obligations differs from one company to another. Because every company is in unique situation, professional assessment of company-specific obligations is needed to guarantee that all aspects of REACH compliance are covered.
2) What companies does REACH affect?
REACH affects a company, when:
Company exports substances in quantity more than 1 ton a year - for each substance (there are exceptions)
Substances in finished product are intentionally released substances and in quantity more than 1 ton a year
Exported products contain substances of very high concern in quantity above 1t/y and in concentration above 0.1% weight by weight, and from which exposure cannot be excluded.
3) What should be done in the first instance?
Make a list of products, imported to EU
Classify products by categories:
Finished product
Substance
Preparation
Determine what substances are contained in a finished product
Determine quantity of substances per year
Determine if there’re released substances
4) What is considered to be a finished product (article)? What are intentionally released substances?
Finished product (article) means an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition.
Release of substances from products is intended when:
- the release is essential for the end use function of the product or when the product would not work sufficiently without the release (e.g. release of ink from felt tip pens, release of detergents from cleaning wipes);
- the release contributes to a quality or minor function of the product, i.e. the release contributes to an added value of the product, which is not directly connected to the end use function (e.g. release of perfume from a perfumed eraser or dishwasher tablet).
5) What are substances of very high concern?
Substances of very high concern are:
- Substances meeting the criteria for classification as carcinogenic category 1or 2
- Substances meeting the criteria for classification as mutagenic category 1 or 2
- Substances meeting the criteria for classification as toxic for reproduction category 1 or 2
- Substances which are persistent, bioaccumulative and toxic
- Substances which are very persistent and very bioaccumulative
- Substances having endocrine disrupting properties
Current existing detailed lists from Directive 67/548/EEC and other EU legislations can be used as an interim /start base till EU commission has published candidates list and later develops final list.
6) If a company considers that it is not affected by REACH, who can confirm it?
Self-declaration. Each company is responsible for assessing and defining its legal obligations under REACH.
7) Is there any sample self-declaration?
There is no official sample for self-declaration. CEFIC - the EU association of chemical producers drafted one. But preparing self-declaration his is very much company-specific issue, therefore standard self-declaration does not help. EPPA offers to prepare a company-specific self declaration - it is a result of the assessment of legal obligations and status of preparation.
8) Who is going to test products and check self-declaration?
National authorities in each Member State are responsible for checking compliance. Many Member States have adopted their national legislation regarding penalties for non-compliance with REACH. The penalties vary from 1000 to 1 000 000 Eur and 6 months to 10 years prison.
9) What happens if a company, which supplies products to EU won’t pass pre-registration?
If company misses the pre-registration period June - November 2008, it has to submit a full registration dossier to the European Chemicals Agency prior to importing into the EU. Products cannot be sold to the EU market without passing registration.
10) Can a Russian company pre-register on her own?
Russian companies cannot pre-register. This can be done by importers or Only representative appointed by the Russian company.
11) Can a Russian company register on her own?
Russian companies cannot register. This can be done by importers or Only representative appointed by the Russian company.
12) How to find a special representative?
EPPA offers the services of Only representative and can pre-register and register substances exported by Russian companies.
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