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REACH, formally known as Regulation (EC) No 1907/2006, regulates the Registration, Evaluation, Authorisation and Restriction of Chemicals in the European Union. It aims to protect public health and the environment while promoting the free movement of substances within the EU. Companies that manufacture, import or use chemicals must comply with REACH requirements, including registration of substances manufactured or imported in quantities of one tonne or more per year.
The regulation also sets out requirements for communication in the supply chain, requiring companies to provide information on the safe handling of chemicals. In addition, there are restrictions on the use of certain hazardous substances and companies must demonstrate that they have taken measures to control the risks of hazardous substances. The REACH Regulation has direct effect in the Member States, meaning that the rules apply both vertically (between citizens and government) and horizontally (between civil parties). This has implications for companies, as they will have to comply with the rules and may be held liable for non-compliance.
REACH target groups
REACH affects the following 3 groups:
Manufacturers/Importers;
Distributors;
Users.
Each has different roles and obligations under REACH.
Who Does REACH Affect?
REACH impacts three primary groups:
- Manufacturers/Importers: Companies that produce or import chemicals into the EU.
- Distributors: Entities that store and place chemicals on the market.
- Users: Both professional and non-professional users of chemicals.
Each group has distinct roles and obligations under the REACH regulation.
REACH obligations
What Are the Key Obligations Under REACH?
1. Registration
Manufacturers and importers of chemicals must register all substances they manufacture or import. This obligation only applies to substances manufactured or imported in quantities of 1,000 kilograms or more per year. All substances must be registered by 2018 at the latest. When registering, the manufacturer or importer must state, among other things, whether the substance is harmful. They must also state how a user can handle it safely.
2. Safety Data Sheet (SDS)
The SDS is a critical document that must be provided to professional users of chemicals. It includes comprehensive information on the hazards of the substance and instructions on how to use it safely. Sellers of chemical substances or mixtures are responsible for supplying this document to their professional clients.
For non-professional users, such as consumers using cleaning products at home, the safety information is usually found on the product label or instructions for use. However, consumers can also request more detailed information from the supplier.
3. Authorisation and Restriction
REACH can impose bans or restrictions on the manufacture, use, or import of specific harmful substances. While REACH covers all chemicals, some exceptions exist, such as radioactive substances, wastes, and pesticides, which are governed by other legislation.
Categories of substances under REACH
REACH may impose bans or restrictions on the manufacture, use or import of certain harmful substances. All chemicals are covered by REACH, with a few exceptions such as radioactive substances, waste and pesticides. These are covered by other legislation. Substances in mixtures (paints and adhesives) are also covered by REACH.
REACH also sets out rules for substances in articles, such as toys or household appliances. For example, companies will have to inform their customers if their products contain substances of very high concern.
What Substances Fall Under REACH?
REACH encompasses a broad range of chemicals, including:
- Substances in Mixtures: Chemicals found in products like paint and glue.
- Substances in Articles: Chemicals used in the manufacturing of toys, household appliances, and other products. Companies must notify their customers if their products contain substances of very high concern (SVHC).
Conclusion
REACH is a comprehensive and far-reaching regulation designed to protect human health and the environment from the risks posed by chemicals. By imposing strict registration, evaluation, authorisation, and restriction requirements, REACH ensures that companies provide detailed information on chemical substances, allowing for safe use and handling. Whether you are a manufacturer, importer, distributor, or user, understanding and complying with REACH is crucial for operating within the European Union.
For further guidance and support, companies can utilize resources like the REACH helpdesk and the Chemicals Well-Regulated website. Compliance with REACH not only ensures regulatory adherence but also promotes a safer and healthier environment for all.
Dutch law firm specialized in REACH
Effective enforcement and litigation support are crucial for companies facing disputes related to REACH regulations, as the consequences of non-compliance can be severe and far-reaching. You’ll need expert guidance to navigate the complexities of EU chemical regulations and ensure compliance with the European Chemicals Agency (ECHA) guidelines.
MAAK Advocaten NV, a reputable Amsterdam-based law firm, offers tailored solutions for complex legal matters. For any legal inquiries or support in the Netherlands, please feel free to contact our adept team at MAAK Advocaten. Committed to excellence, our Dutch lawyers provide superior legal services tailored to your distinct needs. You can reach our law firm in the Netherlands through our website, by email, or phone.
The firm’s attorneys have extensive experience in handling disputes related to REACH, including non-compliance with registration obligations, unauthorized use of substances, and infringement of intellectual property rights. You’ll receive strategic advice on REACH enforcement, including representation in administrative proceedings, judicial reviews, and civil litigation. The team’s expertise in REACH litigation includes handling cases involving the restriction of hazardous substances, authorization of uses, and penalties for non-compliance. By working closely with MAAK Advocaten NV’s experienced attorneys, you’ll develop a robust defense against enforcement actions and maximize the chances of a successful outcome.
Our approachable and skilled staff at MAAK Attorneys will be delighted to assist you, arranging a meeting with one of our specialized attorneys in the Netherlands. Whether you need a Dutch litigation attorney or a Dutch contract lawyer in Amsterdam, we are eager to guide you through the legal intricacies and secure the most favorable results for your situation.
Contact details
Remko Roosjen | attorney-at-law (‘advocaat’)
+31 (0)20 – 210 31 38
remko.roosjen@maakadvocaten.nl
The information on this legal blog serves purely for educational purposes and should not be taken as specific legal guidance. While we endeavor to maintain accurate and current information, we do not assert its absolute completeness or relevance to your particular situation. For advice tailored to your legal concerns, we urge you to engage with a licensed attorney. Please note that the blog’s content may change without notice, and we are not liable for any inaccuracies or missing information.
