REACH Regulation - manufacturing, importing, selling and using chemicals
If you manufacture, import, distribute, sell or use chemical substances, preparations or articles you must comply with the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation.
REACH aims to protect human health and the environment through the control of chemical substances.
Most businesses use chemicals in some way and so REACH will affect them. This covers a diverse range of chemical substances including those commonly contained in paints, glues and solvents, and used in manufacturing tools, cleaning and metal working.
Does REACH apply to your business?
REACH covers most chemical substances manufactured in, or imported into, the European Union (EU) in quantities of one tonne or more per calendar year.
If you manufacture or import chemical substances into the EU in these quantities, REACH may apply. You will be committing an offence if you do not pre-register or register chemical substances covered by REACH.
If you distribute or use chemicals, you will also have some responsibilities under REACH.
REACH also applies to chemicals contained in some finished products, known as articles. The UK REACH Competent Authority has produced guidance on articles under REACH.
Waste recovery
If you recover a chemical substance from waste in quantities of one tonne or more per calendar year, REACH may also apply to you.
Exemptions
Some chemical substances are exempt from the REACH Regulation. The UK REACH Competent Authority has produced guidance on exemptions.
Who regulates REACH?
The UK REACH Competent Authority is hosted by the Health and Safety Executive (HSE).
The Competent Authority’s responsibilities include:
- providing advice to UK businesses on REACH
- enforcing compliance
- working with the European Chemicals Agency (ECHA).
Several regulators enforce the marketing and use of restricted chemicals and preparations under REACH. You should contact the HSE to find out which regulator enforces any chemical or its restriction.
The European Chemicals Agency (ECHA) manages registration, evaluation, authorisation and restriction processes for chemical substances across the EU.
What you must do
If you manufacture or import any chemical substance into the EU in quantities of one tonne or more per calendar year and the substance is not exempt, you must register it with the ECHA.
Register and submit data online at the ECHA REACH-IT website.
Marketing and use of chemicals and preparations
REACH places restrictions on the marketing and use of certain chemicals substances and preparations. Restrictions may be placed on chemicals when they are shown to cause harm to human health or to the environment.
Annex 17 (XVII) of the REACH regulation contains a list of restricted chemicals with the associated restrictions and concentration limits.
Restricted chemicals include:
- lead carbons
- lead sulphates
- benzene
- pentachlorophenol
- nonylphenol (and its ethoxylates)
- cadmium
- hexachloroethane
- creosote
- compounds containing mercury and arsenic.
If a chemical is listed in annex 17 (XVII) you must not:
- market or use the chemical for the restrictions outlined
- market or use any substances, preparations or article containing the chemical for the restrictions outlined
- allow or cause anyone else to break a restriction outlined.
Marketing is the sale of a product. It is also the advertisement, publicity and endorsement of products using paper or electronic information.
You should always check alternatives to make sure that they are not also likely to become restricted.
Annex 17 (XVII) chemicals are restricted to protect:
- workers
- consumers
- the environment.
Different regulators enforce the restrictions depending on the chemical and your country within the UK.
If you need to check any chemical and the restrictions on it, you should contact the HSE to find out which regulator you need to speak to.
Pre-registration
Pre-registration has now closed. You can only make a late pre-registration if you are manufacturing or importing into the EU one tonne or more of a phase-in substance in a calendar year for the first time. You must be able to provide evidence of this.
If this applies to you, you must pre-register:
- no more than six months after you begin to manufacture or import the substance and
- at least one year before the ECHA registration deadline for the quantity and type of your chemical.
If you pre-registered any phase-in substances before 1 December 2008 you will still have to complete a full registration with the ECHA. The deadline for your registration will depend on the quantities of chemicals you handle and in some cases whether they have certain hazardous properties. You will have submitted a proposed registration deadline as a part of your pre-registration.
The ECHA has produced a questions and answers document covering pre-registration.
Substance Exchange Forums (SIEFs)
Under REACH, Substance Information Exchange Forums (SIEFs) are being created so businesses that have pre-registered the same chemical can share information and data. You will be able to use SIEFs to make joint registrations. You are automatically added to a SIEF when you pre-register.
Good practice
Keep a list (inventory) of all the substances your business buys, uses or sells, either in preparations or articles. This will help you work out how REACH will affect your business and what you will need to do to comply.
Further information
Email the UK REACH Competent Authority helpdesk for information and support.
Email: ukreachca@hse.gsi.gov.uk
You can also contact the ECHA helpdesk.
The HSE has produced a range of guidance on REACH.
Other sources of information
Legislation
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Sets out responsibilities, powers, offences and penalities for enforcing REACH.
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Requires manufacturers and importers of chemicals to evaluate and manage risks arising from their use, and prove that chemicals placed on the market are safe.
