Is Your Company Getting Ready for 1st June 2011- the Other Looming REACH Deadline?

Mar 30, 2010

Once the very important REACH deadline of 30 November 2010 for the registration of substances in high volumes or danger is passed, do not forget that another important deadline is around the corner: the notification of substances of very high concern (SVHC) in articles.

As of 1 June 2011, the notification of SVHC in articles will be required at the latest 6 months after the substance has been included on the candidate list for authorisation if the relevant conditions are met.

Pursuant to Article 7(2) of REACH, the notification of SVHC in articles is required when the following conditions are met:

  • The substance is included in the candidate list for authorisation under Article 59(1)) of REACH; and
  • The substance is present in all articles produced or imported by one actor in an amount of over 1 tonne per year; and
  • The substance is present in articles above a concentration of 0.1% weight by weight (w/w) of the article as produced or imported.

Where not all three conditions are met, no notification is required.

Information requirements for the notification

Where a notification is required, the following information shall be provided to the European Chemicals Agency (ECHA):

  • the identity and contact details of the producer or importer, with the exception of their own use sites;
  • the registration number(s), if available;
  • the identity of the substance;
  • the classification of the substance(s);
  • a brief description of the use(s) of the substance(s) in the article;
  • the tonnage range of the substance(s)

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. In order to verify, whether it has been registered for that "use", your company will have to check by which process the substance has been incorporated in the article and into which type of article. There are several ways to do so, notably through the SIEF or by directly contacting the suppliers of articles.

Furthermore, no notification is required for a substance in article which have been produced or imported before the substance has been included on the candidate list for authorisation.

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 is intended to be released, the Agency may decide that the producer or importer of an article must submit a registration if the following conditions are met:

  • The substance is contained in an article exceeds 1 tonne per year; and
  • the Agency has a suspicion that the substance is released from the article with such release creating a risks to human health or the environment.

This may apply to substances which have been notified to the Agency under Article 7(2) where the information provided triggered the relevant suspicion on the part of the Agency.

Please note that SVHC in imported articles are exempt from authorisation, these could be subject to restriction.

For more information on REACH, please contact Herb Estreicher at 202-434-4334 or estreicher@khlaw.com.