1. REACH Compliance
Jim Casper
March 2011

2. REACH Compliance - enforcement2

3. 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

4. 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

5. 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

6. 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

7. More information Through the UK REACH CA:by
by phone: 
by post: REACH Compliance, 2.3 Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS 7

8. 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

9. 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

10. What the inspector might want10 10

11. 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

12. 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

13. What don’t you need 13 13

14. 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

15. Possible misconceptions15 15

16. 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

17. 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

18. End 18 18