Marina Murphy
New rules are imminent that will dramatically change chemicals compliance requirements in the EU. The legislation, REACH, will impact every organization that manufactures, imports or uses chemicals above a certain level.
But despite four years of debate, many companies are blissfully unaware that REACH applies to them.
If these companies don't get their act together soon, they will not only miss their own deadlines, they could clog up the system for everyone else.
REACH – Registration, Evaluation and Authorisation of Chemicals – requires companies to submit basic physical, chemical and toxicological data on chemicals manufactured or imported above a specified threshold.
But contrary to the common assumption, it does not apply only to the chemicals industry. Potentially, it affects anyone manufacturing anything in the EU with chemicals.
“If you take the example of a lamp manufacturer using chemicals in the bulbs, they do not necessarily think of themselves as a chemical importer,” says Tim Jessel, Commercial Director of REACHReady, a UK group set up to help companies comply with the regulation.
“So it can happen that these companies often don't even know - that they don't know – that they have to comply with REACH.”
Waiting for the bell
Another problem is that some companies are holding out on starting the process of compliance, because REACH is not yet in force.
But passing this piece of legislation is one of the achievements that the current EU Presidency of Finland has staked its diplomatic reputation on, meaning it could be in force as soon as spring 2007.
Talking to those in the know, the consensus is that the rules are not going to get any softer from an industry perspective. So there is no point waiting: as Jessel says, “Companies should try and get in as early as possible so they can get through their deadlines.”
The first registration deadline is not until 2010. But there are three registration deadlines in total. If companies leave it to the last minute, there may be capacity issues in the chemicals testing centres.
“We could end up with bottlenecks that could see contract research organisations and toxicologists tied up trying to meet one deadline, when another one is looming,” says Alan Nicholson, chairman of Norkem, a chemicals distributors based in Cheshire, UK.
Jessel is quick to point out that the capacity for testing is there. But this may not be the case if there is a last minute dash to the finishing line.
Be aware
The issue affects the whole of the EU. “The problem of awareness among downstream users is certainly something we are aware of,” says Marc Devisscher, spokesman for CEFIC, the European Chemical Council, based in Brussels.
“Some groups appear to be very well aware, but others who are not. But we are making sure that the trade associations know what is happening.” CEFIC has also set up a REACH information service called REACHCentrum.
Surprisingly, given that Germany has the biggest chemical industry in Europe, there is no REACHReady or REACH Centrum equivalent there. Of course this could be because Germany is home to Europe's biggest chemical companies, which have the muscle and expertise to do their own testing.
But without help, smaller companies will struggle. And without an increase in awareness among downstream users, many could find themselves in a serious situation over something that appears trivial.
“A manufacturer could find itself in the position whereby it can no longer source the lubricating oil for the production line for making its widgets, simply because they didn't know it has to be registered,” says Jessel
In short, the time has come to REACH for a spreadsheet. Businesses across the EU need to be making compliance plans now.
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