International Coatings Scene
EUROPE
BY SEAN MILMO
EUROPEAN CORRESPONDENT
MILMOCW@RODPUB.COM
REACH pre-registration begins
Chemicals
companies
face the
initial stages
of REACH
implementation.
Coatings manufacturers in Europe are
now in the unusual position of having to
check whether the basic details of chemicals they include in their formulations are in
the database of the Helsinki-based European
Chemicals Agency (ECHA).
Otherwise they are in danger of breaching a
rule of ‘no data, no market,’ which is a key component of the European Union’s (EU) controversial legislation on the registration, evaluation
and authorisation of chemicals (REACH).
Since December 1, 2008, all chemicals manufactured or imported into the EU in volumes of
one ton or more a year have had to be pre-registered with ECHA, which has the responsibility
of administering REACH. Pre-registration comprises details of the identity of the chemicals, of
its manufacturer or importer and of its tonnage.
Once a producer or importer has pre-registered its chemicals it will then proceed to the
next stage of a full registration which
includes details of the physical properties of
each substance and above all safety data in
order to protect human health and the environment. Deadlines for submissions of registration dossiers, which extend over the next
ten years, have been set according to tonnages, with the highest volume chemicals
having to be registered first.
“If a substance is not pre-registered under
REACH, it cannot be manufactured, imported
or supplied to the EU market at or above one
ton per year,” said an ECHA spokesman.
The supply of chemicals is considered to
cover their inclusion in a coatings formulation. A coatings manufacturer who sells
paints with chemicals which have not been
pre-registered risks being taken to court by
the enforcement authorities within any of the
EU’s 27 member states.
In the UK, for example, which with Germany,
France and Italy is one of the largest member
states, the penalty for breaching the rule on ‘no
data, no market’ is a £ 5,000 ($7,750) fine and /or
up to three-months imprisonment. In serious
cases the fine can be unlimited and imprisonment as much as two years.
“The enforcement authorities are likely to be
focusing on the original suppliers of the chemicals rather than those buying them and putting
them in formulations,” said Tony Newbould, former deputy director of the British Coatings
Federation and now a consultant with AJN
Solutions, Brentwood, Essex. “There has been a
suggestion that there are a lot of imported substances which have not been pre-registered so
it’s quite possible the enforcement authorities
will direct their attention at material coming in
from overseas.”
Although enforcement of REACH will be carried out by authorities within individual states,
it is being coordinated at the EU level through a
harmonized system directed by ECHA.
“Enforcement will be a complicated task
undertaken at many different levels,” said Giles
Chappell, a member of the EU environment
and natural resources practice group at the
Brussels-based legal firm of Crowell & Moring.
“All national authorities that have the role of
protecting the public and the environment will
be involved, as well as customs and border officials. It is likely that the authorities will be able
to spot-check chemicals, not only in shipments
of imports at ports and in warehouses but also
at work places. That way, if something illegal is
observed, the chemical can be traced back to the
manufacturer or importer.”
There are no specific legal requirements in the
REACH legislation on coatings companies and
other buyers of chemicals taking certain steps to
ensure that the substances they purchase have
been pre-registered. But they are being warned
that for business reasons they should make sure
they are not being supplied with chemicals,
which are breaching the rules.
“Buyers of chemicals are advised to obtain certification—like a REACH pre-registration reference number—from the manufacturer/importer
