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REACH Expected to be Adopted in Early 2007

Friday 01 September 2006 at 12:00 am. EU FlagECHA LogoREACH is the new European system of Registration, Evaluation and Authorization of Chemicals. It replaces the existing Existing Inventory of Chemical Sustances (EINECS) and European List of Notified Chemical Substances (ELINCS).  Industry, which produces or imports chemicals in the EU will be required to re-register those substances.

REACH is the new European system of Registration, Evaluation and Authorization of Chemicals. It replaces the existing Existing Inventory of Chemical Sustances (EINECS) and European List of Notified Chemical Substances (ELINCS). The new REACH system is intended to protect human health and the environment and to place the burden of risk assessment on businesses which manufacture or import chemicals into the European Union. Additionally, it is intended to encourage the replacement of particularly hazardous chemicals.

Under REACH any chemical produced or imported in significant quantities must undergo testing, unless sufficient testing has previously been conducted. This has not been the case in the past, as some chemicals were grandfathered when EINECS was first legislated (approximately 100,000). In the new proposed system, all of these compounds would require testing, if appropriate information does not exist. Chemicals of very high concern, such as persistent organic pollutants (POPs) and carcinogenic, mutagenic and reproductive toxins (CRMs) may be banned or their use severly restricted, in the hopes that companies will seek safer alternatives.

What this potentially means, is that up to 30,000 chemicals will need to be re-registered over a phased in period of 11 years. Most importantly new animal testing may be required to fill in data gaps for existing chemicals. Estimated costs to the industry may approach $10 billion over the phase-in period. During this period chemicals of very high concern along with chemicals produced / imported in excess of 1000 metric tons per year will be re-evaluated first followed stepwise by chemicals produced or imported in lesser quantities. Under the proposed REACH system, finished goods, polymers, chemicals produced or imported at less than 1000 kilograms per year and R&D samples will be exempted (although R&D materials may only be exempted for a limited time).

Once REACH has been completely phased in, it is expected to simplify the registration process making it quicker and cheaper to bring new chemistry to market in Europe. This is all expected to be legislated by early 2007.

UPDATE: On December 13, 2006 E.U. lawmakers overwhelmingly adopted REACH. It will come into force June 1, 2007.