REACH at LANXESS

LANXESS Procurement North AmericaThomas J. O'Neill CPO

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Agenda

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LANXESS at a glance

REACH at a glance

REACH at LANXESS Procurement

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Agenda

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LANXESS at a glance

REACH at a glance

REACH at LANXESS Procurement

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LANXESS is one of Germany’s most important providers of polymers and chemicals

Employees worldwide (as of: 2008-09-30)

Global orientation

14,983

Around 44 sites21 countries

Performance PolymersAdvanced IntermediatesPerformance Chemicals

Portfolio

Sales thru 3rdQ/2008 EUR 5,114 bn

Sales in the year 2007 EUR 6,608 bn

5Lanxess Production Sites

Isithebe

Thane

Qingdao

Toyohashi

Brunsbüttel

Leverkusen

Mannheim

Filago

PortJérôme

Uerdingen

DormagenAntwerpen

Marl

Chardon/OH

Sarnia/Canada

Orange/TX

Lerma

Bitterfeld

Porto Feliz

Zaraté

Vilassar de Mar

RustenburgSydney

WuxiBaytown/TX

LaWantzenau

Branston

Zwijndrecht

Hamm-Uentrop

Madurai

Bushy Park/SC

MerebankNewcastle

Shanghai

Burgettstown, PA

Weifang

Birmingham/NJ

Cabo de Santo Agostinho

Triunfo

Duque de Caxias

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LANXESS has built a strong portfolio with leadership businesses

13 Business Units substantially restructured and repositioned

All BUs now occupy leadership positions in their markets

Strategic divestments of four Business Units:

- Fibers

- Paper Chemicals

- Textile Processing Chemicals

- Lustran Polymers

Strategic Acquisitions

- Petroflex

- Chrome International South Africa

Leadership

position

Profitability and stability expectation

LANXESS Portfolio 2008

Divestments

LANXESS Business Units

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Agenda

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LANXESS at a glance

REACH at a glance

REACH at LANXESS Procurement

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Registration, Evaluation, and Authorization of Chemicals (REACH)

Created a single European Union regulatory scheme for all chemical substances.

Entered into force on June 1, 2007 with 11 year phase-in period.

European companies and non-European companies that ship chemical products into Europe, have customers that ship products into Europe, and/or purchase products from Europe are impacted.

Industry is given more responsibility. The government no longer must scientifically prove that the use of a substance is dangerous.

The chemical industry must demonstrate (in conjunction with the user) that the use of a certain substance under normal circumstances is safe.

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Key REACH Requirements

Pre-registration: Companies pre-register at no cost on-line providing basic information on substance identity and company. Allows phased-in registration and identifies companies that produce the same chemical to share information and develop joint registration packages.

Registration: Requires submittal of a technical dossier with extensive data on the toxic characteristics of the substance, which will entail substantial testing and data gathering. Will be substance specific and chemical manufacturer or importer specific.

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REACH provides an extended time period for registration only for companies which have pre-

registered their substances

REACH provides an extended time period for registration only for companies which have pre-

registered their substances

REACH - Registration Deadlines

Pre

-Re

gis

tratio

n

RE

AC

H e

nte

red

into

forc

e

June 1,2008

Dec. 1,2008

June, 12007

Nov. 30,2010

May 31,2013

May 31,2018

1-100 tons per year

100-1,000 metric tons per year

≥ 1,000 tons per yearCarcinogenic, Mutagenic or toxic for Reproduction ≥ 1 ton per yearVery toxic to aquatic organism ≥ 100 tons per year

100-1,000 tons per year

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REACH Strategies for Non-EU Companies exporting to the EU

Supplier Registration

Register via an EU-based ‘Only Representative’

or

Depend on EU based customers to register as an importer

Customer Registration

Customer registers as importer and has responsibility for REACH requirements

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Cost of registration depends on quantities, properties and uses of the chemicals

Quantities manufactured or imported

1 - 10 mt/y 10 - 100 mt/y 100-1000 mt/y > 1000 mt/y

Annex VII Annex VII-VIII Annex VII-IX Annex VII-X

Required tests according to:

Technical Dossier

Chemical Safety Report (CSR)

Exposure evaluation and risk assessment*

Registration documentsIntermediates

Increasing Costs

*if sustances are classified as „dangerous“

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Registration as Intermediate (Article 18-Certificates)

Substances declared as intermediates and handled under strictly controlled conditions result in reduced administrative costs.

Registration as intermediate can save up to 80 T€ per substance only in administration cost.

Additional costs for required tests can be estimated after gap analysis.

Type of Substance Registration

Fee (€)

Dossier Compilation

(€)

Total administrative

Costs (€)

Intermediates 1,600 65,000 66,600

Not Dangerous

31,000 85,000 116,000

Dangerous 31,000 115,000 146,000

Diff. = 80 T€ Diff. = 80 T€

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Agenda

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LANXESS at a glance

REACH at a glance

REACH at LANXESS Procurement

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REACH Strategy at LANXESS

Complete Pre-Registration of the current LANXESS portfolio.

Pre-Registration of substances with possible future relevance.

Pre-Registration of all Raw Materials independent of supplier's

intention to register.

Pre-Registration of strategic substances for all LANXESS Legal

Entities within the EU independent of our current production sites.

For LANXESS Legal Entities outside of the EU, LANXESS GmbH

acts as ‘Only Representative’ so that they can export into the EU.

“Keep every option open”“Keep every option open”

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Ensure further delivery of raw materials and maintain flexibility in sourcing

Request our vendor’s intention to pre-register / register via a standardized questionnaire We expect complete pre-registration and registration of all substances

supplied by our vendors.

Own Pre-Registration of all raw materials (current and future portfolio) independent of vendor’s intention to register Enables LANXESS to act as an importer with extended registration

periods.

LANXESS Procurement REACH Implementation

Ensure future delivery of raw materials and maintain flexibility in sourcing

Ensure future delivery of raw materials and maintain flexibility in sourcing

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Supplier Survey 2008

How we minimized open requests:

Vendors who didn’t reply sufficiently were reminded by an automated procedure.

Any Open Vendor/Material combinations were followed up directly by the responsible Purchasers (Business Contacts).

An eQuestionnaire-Tool was implemented to ensure automation of requests and efficient documentation of supplier replies

An eQuestionnaire-Tool was implemented to ensure automation of requests and efficient documentation of supplier replies

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REACH Supplier Survey (1860 Substances)

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200

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600

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1.000

1.200

1.400

1.600

1.800

Febru

ary

Mar

chApril

May

June

July

August

Septe

mber

October

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completed open Percent

%REACH compliant substances

REACH compliant substances

No interruption in future supply is expectedNo interruption in future supply is expected

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What do we expect from a non-EU based Supplier and his ‘Only Representative’?

Complete pre-registration and registration of all REACH

relevant substances delivered to LANXESS

Written statement that he has appointed an “Only

Representative”

Pro-active information about status and progress

Cost Transparency in terms of REACH

All LANXESS applications are to be covered by

registration

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REACH at LANXESS Procurement: Next Steps

Estimate cost and evaluate impact on supply portfolio

Prepare own exposure scenarios and risk assessments to protect Intellectual Property in terms of sensitive end-uses

Consider option to register on our own

Thank you very much foryour kind attention.

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Backup: Questions and Answers

What does LANXESS expect from a supplier's "OR"?

Competent preregistration and registration of the substances to be delivered. The LANXESS uses should be covered in the Exposure Scenario annex to the Safety Data Sheet.

Will LANXESS show preference to suppliers that allow you to act as OR. Have you aggressively marketed your OR activities and if so - do you have many companies that have signed on?

LANXESS will only act as OR for own subsidiaries outside the European Community

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Backup: Questions and Answers

Intermediates - are you planning capital improvements to your facilities so that intermediates can be rigorously contained?

There should be no need as intermediates are already handled under safe conditions at LANXESS. In any case, all intermediates are being reviewed for REACH compliance.

Did LANXESS pre-register products you purchase? If so, in instances where several suppliers also pre-register, do you intend to register? How will LANXESS handle the next stages

LANXESS preregistered all needed substances as a precaution. Registration will be done in single cases only, e. g. for possible imports after cost-benefit analysis.

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Backup: Questions and Answers

What is LANXESS doing about products you buy that were not pre-registered by any suppliers - if any?

LANXESS pre-registered all substances needed and would be able to act as importer/ manufacturer.

How will LANXESS handle SIEF participation for products pre-registered that are not produced by LANXESS (this assumes you have some!)?

LANXESS may not be able to provide information or data from previous studies but we may have to participate in the costs of future studies required to register under REACH.

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Backup: Questions and Answers

Is LANXESS doing anything special to protect your IP - especially in regards to "sensitive" end uses for purchased products?

Yes, of course, LANXESS may prepare own exposure scenarios and risk assessments to protect Intellectual Property in terms of sensitive end-uses

Will REACH have an impact on where LANXESS sources toll production?

Maybe – any incremental costs for registration for toll produced products will have to be considered.

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Backup: Questions and Answers

Will LANXESS preferentially purchase products from companies that are pro-active about REACH?

We expect REACH compliance from all of our suppliers: No REACH compliance means no business.

Will you help suppliers comply with registration by offering to offset the costs?

LANXESS expects competitive raw material costs, even under the conditions of the REACH regulation

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Backup: Questions and Answers

Supplier survey - were there consequences for no response? Did you succeed in getting responses from enough of your suppliers to convince you that acquiring raw materials will not be a problem?

Based on the results of our survey we do not expect any future interruptions in supply due to REACH.

How do you intend to handle SIEF participation - with internal resources or external resources?

Regarding our purchased raw materials, we are not an owner of data. Therefore our SIEF activity will be limited. There should be no need for LANXESS to employ external resources.

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Backup: Questions and Answers

Does LANXESS have the ability to perform necessary registration testing in house. If not, how will you go about outsourcing this activity?

LANXESS has arranged contracts with external service providers to perform any testing required for registration under REACH.