REACH Compliance Jim Casper March 2011

REACH Compliance - enforcement 2

REACH Compliance: Enforcement Member States must ‘maintain a system of official controls and other activities as appropriate to the circumstances’ (art 125) Penalties provided for must be ‘effective, proportionate and dissuasive’ (art 126) And in place by 1 December 2008 (art 126) 3

Enforcement Responsibilities - UK In general, enforcement responsibility is determined by the type of REACH duty to be enforced: REGISTRATION RELATED DUTIES HSE across the UK (due to its role as Competent Authority) SUPPLY-CHAIN RELATED DUTIES HSE/HSENI until retail sale (then Trading Standards) USE RELATED DUTIES existing UK enforcement regime and enforcing authorities for health, safety and environmental legislation 4

Effects on Downstream Users No “due diligence” defence written into REACH (therefore not in the Enforcement Regs either)** It is an offence to place an unregistered substance on the market (on its own or in a mixture. It is NOT an offence to use an unregistered substance. 5

Effects on Downstream Users What can you do to ensure compliance? Communicate with suppliers Could ask for registration number - a registration number is required on SDSs (from Dec 2010 for new/updated SDS) Ask them what they are doing with respect to REACH Written assurances Do you have a reason not to trust them? (Multiple suppliers) Document what you have done and what you have been told. If there is a compliance issue enforcers are more likely to go to the “top of the chain” 6

More information Through the UK REACH CA: by email: REACHCompliance@hse.gsi.gov.uk by phone: 0845 408 9876 by post: REACH Compliance, 2.3 Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS 7

EU Enforcement REACH-EN-FORCE-1 (2010) concentrated on Manufacturers – now completed - EU wide enforcement project - focus on registration and safety data sheets - 28 participating countries - around 1,000 inspections across EU - 100 of those from UK - combination of proactive and reactive visits 8

EU Enforcement EU Enforcement REACH-EN-FORCE- 2 (starting May 2011) will concentrate on Downstream Users EU wide enforcement project to raise awareness among Downstream Users focus on obligations related to chemical safety assessment and extended safety data sheets YOU MAY EXPECT A VISIT! 9

What the inspector might want 10 10

What the inspector might want REACH Compliance – What the inspector might want SDS for the raw materials you use Evidence of your COSHH compliance Evidence of what you have done to comply with REACH Especially if you are an importer Especially if you manufacture substances 11

WHAT YOU SHOULD DO : Have a system for receiving SDS Tracking of updates Noting when “Identified Use” information is included Identifying when an Exposure Scenario is annexed Have a system for checking compliance to Exposure Scenario Part of your COSHH process Record compliance with USE, OC and RMM etc As discussed earlier today Have a system to communicate downstream ES information, when you have received one (May be too early for this at present, but start your mixtures..) 12

What don’t you need 13 13

REACH Compliance – What DON’T you need? Registration numbers for all the substances you use eSDS / ES for every substance/material you use Written confirmation from your Supplier that they are “REACH Compliant” Pre-registration numbers for every substance you use 14

Possible misconceptions 15 15

Possible misconceptions? REACH Compliance – Possible misconceptions? Only registered substances can be supplied/used Phase-in rules mean that many substances are not yet registered There are many exemptions (e.g. biocidal products) There is no obligation to have confirmation from your suppliers that all the materials they supply are registered IT IS THE RESPONSIBILITY OF THE SUBSTANCE MANUFACTURER/IMPORTER TO CONFIRM COMPLIANCE YOUR ONLY OBLIGATION IS TO PROVIDE CONTACT DETAILS FOR YOUR SUPPLIER 16

Possible misconceptions? REACH Compliance – Possible misconceptions? Every substance is registered Only high volume/high hazard substances are registered so far Every SDS should be updated to an eSDS, including registration number Detailed rules define when an SDS shall be updated Issue of a registration number does not drive automatic update of an SDS 17

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