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What the EU Ukraine Business Council aisbl can do to help your company

(Please also see our REACH presentation and ECHA info in our Download Area)

1.    REACH is a new European Community Regulation on chemicals and their safe use. It deals with the Registration, Evaluation, Authorisation and Restriction of chemical substances. This Regulation has already entered into force last June.

2.    The core of the REACH regulation is to introduce an obligation to send a registration to the European Chemicals Agency (ECHA) for chemical substances on their own or in preparations, which are manufactured in or imported into the EU in quantities of ≥ 1 tonne per year by any company in the European Community.

3.    Starting from December 2008 the following groups of products require to be registered, (if not pre-registered):
  • chemical substances (e.g. base chemicals, speciality chemicals, metals, natural substances if they are chemically modified)
  • mixtures (“preparations”) of chemical substances (e.g. cleaning products, formulated process chemicals, paints, motor oils)
  • substances or preparations in containers (e.g. printer cartridges)
  • articles which contain substances which are intentionally released during their use (e.g. fragrance in a scented candle)
  • contain substances which are on a candidate list of “substances of very high concern”.
4.    For all these imported products, REACH obligations must be fulfilled by the EU importers who will have to rely on their suppliers in non-EU states for hazard data and safe use information that is required for registration. If a non-EU company would prefer to register on behalf of its EU importers, the Regulation allows non-EU manufacturers to appoint a company established in the European Union to act as their “Only Representative”. An “Only Representative” will have to carry out the registration of substances on their own, in preparations or in articles on behalf of the exporter he represents.

Registration time-table:

5.    Between 1 June and 1 December 2008: EU-manufacturers, non-EU Company “Only Representatives”, and EU-importers will need to provide some limited information on each existing (so-called phase-in) substance for pre-registration with the ECHA. If an EU importer or non-EU company “Only Representative” fails to meet the deadline for pre-registration, he can not benefit from the extended registration deadlines and will need to register the substance before importing it again into the EU market.

6.    Failure to register will mean that a company is no longer allowed to manufacture the substance in, or import it into, the EU.

7.    Companies affected are already keeping a careful eye on the implementation of the REACH regulation in order to comply with its requirements and to plan forward a strategy to maintain exports to the EU according to the new rules.

8.    For example, in order to fulfill REACH requirements companies will have to:-
  • create an inventory of the substances which the company exports into the EU and which fall under REACH list;
  • prepare data and information for their EU importers, which will be needed for the registration in due time;
  • or: establish an “Only Representative” to act on registration in the name of the company.
These steps will allow companies to register in due time and proper form in order to fulfill REACH requirements and enable successful exports into the EU market.

Role of EUUBC aisbl

9.    The EUUBC aisbl based in Brussels (www.euubc.com) is well-placed to act as an information and communications agency for Ukrainian companies, and to help them in the following ways:-

A)    to provide general information about REACH, and to liaise on the company’s behalf with the ECHA in Helsinki, keeping the company closely informed of developments.

B)    to assist companies’ internal technical experts to liaise with external technical consultants and help to progress a strategy of compliance.

C)    To provide training and workshops with external technical and legal consultants to help establish a plan of action for companies, to cover the following areas:
a)    Information on direct "Pre-Registration" requirements, including: what information must be submitted; who at the European Chemicals Agency it must be sent to; the deadline by which it must be submitted, etc.

b)    Information on "Only Representative" issues (i.e how companies with no EU office are required to Pre-Register and Register), i.e, what the substantive requirements are;

c)    Information on indirect "Pre-Registration" requirements, especially concerning joining a "Substance Information Exchange Forum" consortium/consortia ("a SIEF") and managing data obligations notably:

i.    The legal aspects of membership of a SIEF including suggested basic requirements of a (SIEF) consortia agreement to govern the terms of membership. This would include clauses covering: confidentiality; data-sharing; costs sharing mechanisms; commissioning of new test data; and the determination of the “Lead Registrant”, i.e the company who will be responsible for submitting the full Registration details to the European Chemicals Agency - commercial aspects could also be built into this such as how companies can think about making money out of data-sharing in terms of selling the data to other SIEF consortia members;

ii.    Information about whether the company should be part of a so-called "general substance SIEF", or whether it should join a sub-group;

iii.    Information of a general nature regarding a company's membership of a (SIEF) consortium, for example, in relation to possible differences between it’s substance and competitors’ substances;

iv.    Information about competition/antitrust law/policy within the (SIEF) consortium with the aim of ensuring that the process of working with competitors and sharing technical data does not infringe competition/antitrust rules;


d)    Information about on-going key REACH developments (mainly going beyond "Pre-Registration") - this could include: impending deadlines; publication of so-called "RIP’s" (REACH-Implementation-Projects) and other important guidance; developments at the European Chemicals Agency, for example as regards fees to be paid to this agency; and, key decisions made by the European Chemicals Agency;

e)    Information about REACH obligations for companies to pass on to customers who would be classified as so-called "downstream users";

f)    Information about REACH obligations for companies to pass up to their own suppliers to advise them of REACH requirements.

Next Steps

Companies interested to seek support are encourage to contact the EUUBC aisbl offices in Brussels, with a view to starting REACH information services in line with the company’s requirements. We will be providing a practical workshop on REACH in March for companies in order to establish exactly the requirements for support that companies require, and work out a detailed budget to provide services tailored to the individual requirements of the company.

* * Click here to download copy of this page in Russian.