REACH

U.S. Paint Manufacturers and REACH: Understanding Compliance Obligations

In June 2007, the European Union (EU) regulation covering the Registration, Evaluation and Authorization of Chemicals (REACH) was finalized. Similar in intent to the Toxic Substances Control Act (TSCA) in the United States, the REACH regulation is different in that it reverses the burden of proof from the EU government having to demonstrate that the use of a chemical is unsafe, to industry having to show the uses for chemicals it wants to sell in the EU are safe.

It must be stressed that the REACH regulation is primarily focused on EU-based chemical manufacturers and importers, as well as EU-based coatings companies and their customers in the EU. REACH, however, will also affect U.S. coatings manufacturers who export products to EU customers since those customers are considered chemical importers under the REACH regulation.

REACH compliance is designed to engage the whole “supply chain” for chemical products including manufacturers, distributors, formulators, applicators, and (coated) product manufacturers. Each entity in the supply chain has a role to ensure safe use of a chemical, either by testing the material or by providing information for a risk profile that will ensure safe use. Formulators, like coatings manufacturers, will be required to obtain critical information from their suppliers in order to support the detailed registration process that will account for each use of a given chemical in every formulated product sold in the EU. While this may seem excessively redundant and a wasteful duplication of effort to U.S. manufacturers used to dealing with TSCA (which registers chemicals, not “uses of chemicals”), it is nevertheless a critical REACH requirement, one that is markedly different than any prior chemical control regulation.

While many REACH compliance deadlines are far distant (years away), the initial critical compliance requirement is the “pre-registration” period that begins June 1, 2008 and runs through December 1, 2008. Pre-registration is the mechanism in the rule that allows companies that were already manufacturing or importing chemicals into the EU prior to the effective date of June 2007, to maintain their “status quo.” By pre-registering current uses of chemicals in the EU under REACH, commercial activities may continue until such time as a final registration (when more detailed information must be provided) is completed.

Only EU-based entities can pre-register chemical uses under REACH, therefore U.S.-based companies exporting products to customers in the EU must find an agent to handle their pre-registration. Suitable agents include EU-based importers or distributors, EU customers, or an EU-based independent agent (known as an “only representative”) willing to file the necessary information. Pre-registering is free, and requires surprisingly little information and/or documentation than is required for new chemicals. Once accomplished, the identified chemical use will automatically place the registrant in a “pool” of companies that have an interest in the same use, the goal being to have these companies form a “consortium” to complete the work on the full registration. Pre-registration, besides being required for continued sales, also provides an extended time period for compliance with the rest of the REACH requirements.

The European Union's (EU) new European Chemicals Agency (ECHA) continues to release industry guidance on the requirements for REACH. ECHA has yet to issue guidance for pre-registration of existing chemical uses in commerce. Pre-registration is a critical effort for U.S.-based manufacturers selling in the EU because it will require a careful assessment of existing sales, close cooperation with distributors and customers in the EU, and formal filings with ECHA.

In the absence of clear guidance from ECHA, U.S.-based manufacturers are faced with a myriad of questions for which answers are elusive, if not contradictory, depending on where they fall in the supply chain.

In light of the confusion brought about by ECHA’s lack of formal guidance, NPCA has created this web page to provide simple summary documents and links that can help U.S. paint manufacturers selling in the EU get prepared for REACH compliance. The following document descriptions and downloads represent the best information available at this time. Please check this page frequently for additional updates.

NPCA’s Product Stewardship Committee and Product Sustainability Task Force are leading the effort to address NPCA activities on REACH.