SHISHER KUMRAEXECUTIVE DIRECTOR

SSS (EUROPE) AB(REACH Only Representative)

http://www.sustainability-support.com/

REACH Compliance Management

- Substance in Article

Has there been an increase in queries from the European buyers regarding the export articles being certified for the

presence or absence of SVHC?

Would you like to avail business benefits from REACH compliance in terms of market

expansion?

Do you think that testing is a feasible option to provide the certificate requested by your buyers given that there shall be

regular updates to the SVHC list?

Would your company like to know about alternative methods (strongly recommended by the REACH regulators) to comply with

your obligations within REACH?

Do you need support from Industry association or other export promotion agency to facilitate you to be

able to comply with the REACH Requirements?

Need for REACH Compliance for Japanese Exporters to EU

Buyers in EU requires independent assurances and declarations on Free of Restricted substances SVHC Free (or below 0.1% wt./wt.) REACH Compliance

Buyer prefer 3rd part assurancesBuyer would prefer assurances from an EU

based entityWill Require Declaration irrespective of the

possibility / probability of SVHC presence

Essentials of Declaration of Compliance

What is being declared? Is this relevant from buyers compliance check point of view?

Does it clearly relate to the supplier and the products supplied?

Who is making the declaration, - signing authority for the supplying company?

Is there reason for concern over the validity of the declaration? If yes, access to any documentation supporting the declaration should be requested.

Validity of declaration – time and SVHC list

Benefits of timely compliance

• Compliant image of the company • EU buyer would continue to buy• Increase in EU exports – at the cost on non-

compliant suppliers• Similar law is expected in other countries –

better prepared for such eventualities• Plan the substitution of SVHC chemical • Safer product for Human health and

environment

Key issues – Relating to Quantifying Substance in Articles

The 1 ton criteria is applicable to a Indian exporter for all its products (exported to EU) that have a particular SVHC > 0.1% Its not as per the product type / variety / category Its is summation of all products with SVHC > 0.1%

From EU buyer point of view its summation of all purchases (from EU or non-EU supplies) of all products that have a particular SVHC > 0.1% wt./wt.

Proactive Preparation for Compliance

Review the Chemicals used in the articleSecure information from the supply chain where its

not readily availableAssess the unofficial Lists of ”chemicals of

concerns” (only from preparedness point of view) hazardous substances contained in Tables 3.1 and 3.2 of Annex

VI of the CLP Regulation (EC) No 1272/2008 Monographs Database of the International Agency for Research

on Cancer (IARC) PBT info. System within European Substance Info. System

(ESIS) SIN List of International Chemical secretariat Priority List of European Trade Union Confederation Visit www.reach-support.com for these lists

Challenges to comply with REACH – Sub. In Articles Regulation

SVHC list is only partially ready – 53 so farSVHC list will be updated each year 3 – 4

timesBy end of 2012 SVHC list is expected to

contain about 136 substances

Difficulty with chemical Analysis

SVHC analysis (in Labs) for each chemical would be very challenging and expensive;

Several labs may not have capacity to analysis each of these SVHCs

Further the list will be updated so often and will need to follow up analysis again and again – its impractical & expensive

Non-analytical approaches may therefore be more useful

Difficulties of chemical analyses

Articles may be very complex and composed of different parts and materials. It is therefore difficult to create a representative sample

Substances that are included in the article matrix may have to be extracted from it. This may result in chemical reactions that could

“create” substances which do not exist in the article. The extraction may not be exhaustive, thus the full

content of substances in the matrix may not be obtainable

Difficulties in Chemical Analysis:

Some methods may show the existence of certain elements (e.g. halogens) rather than the existence of substances.

If a high number of different substances are contained, several analyses may be needed to identify all substances, and it is particularly difficult to assign an appropriate method if it is not clear what is being searched.

The quantification of substances requires additional measurements.

ECHA – Recommends the following

” Although chemical analyses may be helpful in certain situations, it is to be noted that they may yield ambiguous results and/or be very costly and are thus not recommended as the preferred instrument for obtaining information. “

Supply Chain Communication

It may be helpful to tell suppliers why the information is needed, In most cases exact composition of articles is not needed to

clarify whether requirements for substances in articles have to be fulfilled.

No obligations for substances in articles apply can also be achieved by excluding or limiting the presence of substances that are on the candidate list of substances for authorization.

Suppliers could for example provide 3rd party Certificate backed by analysis and relevant documentation which guarantee that certain substances are not used in the manufacture of their products or remain below certain concentrations in their products.

A different approach would be to include respective criteria in supply contracts excluding or limiting the presence of certain substances in the products to be supplied

Supply Chain Communication

It is recommended that requests in the supply chain are targeted and aim at excluding or limiting the presence of certain substances (e.g. those on the candidate list for authorization) instead of asking for the exact composition of articles or mixtures, which is more often confidential information.

Compliance Requirements

When SVHC is > 0.1% and < 1 TPA (eSDS – according REACH & CLP Regulation) Appoint an Only Representative what the downstream life-cycle stages of the article are

up to final disposal (transport, storage, uses) what the potential routes of exposure are during each of

these life-cycle stages what the hazards of the SVHC are for human health and

the environment what types of exposure control / personal protection

measures are likely to be appropriate during each of the life-cycle stages in order for the handling of the article to be considered safe

instructions for use and packaging , information on labels link to a website with up-to-date information

Compliance Requirements

Notification when SVHC > 0.1% & > 1 tpa Appoint an Only Representative the identity and contact details of the producer or importer

of the articles the registration number for the substance, if available the identity of the SVHC (this information is available from

the candidate list and the supporting documentation) the classification of the substance a brief description of the use(s) of the substance in the

article(s) as specified in section 3.5 of Annex VI and of the uses of the article(s)

the tonnage range of the substance contained in the articles, i.e. 1-10 tones, 10-100 tones, 100-1000 tones or ≥1000 tones (this information can be determined as explained in section 0)

And the eSDS as described in previous slide

Compliance Requirements

Substance with intentional release > 1 TPA Appoint an Only Representative Later Pre-Registration (if applicable) Register the substance according to Tonnage and

deadline

Enforcement - Penalties

If it was deliberate / intentionalNature of the substance – Toxic or notTonnage band for which – infringement was

done

Articles: REACH Non-Compliance

Reasons: Chemicals contained

1 183 – 3730 ppm of benzidine 8,7 mg/kg of 3,3’-Dimethoxybenzidine,

1248,7 mg/kg of Benzidine and 36,6 mg/kg of 4-Aminodiphenyl in Grey-Black main

5,02 ppm of o-Toluidine, 6,14 ppm of 4-Aminobiphenyl, 219,21 ppm of Benzidine, 5,16 ppm of 3,3’-Dimethylbenzidine, 11,47 ppm of 3,3’-Dimethoxybenzidine in the red strap around neck.

Enforcement: Action Taken

Voluntary corrective action.Voluntary withdrawal from the marketImport rejected by customs authorities Sales ban ordered by the authoritiesWithdrawal and recall from consumers

ordered by the authoritiesFinancial penalties

In Summary: REACH Compliance Management

• Use cost effective non-analytical approaches for ascertaining presence of SVHC

• Articles with Intentional release To follow • Pre-Registration , SIEF, data sharing, data ownership,• Registration, Export declaration, SDS, etc.

• Substance in Article with > 0.1% SVHC– Info in supply chain – SDS & eSDS

• Substance in Articles with > 0.1% SVHC ; > 1 tpa– Info in supply chain – SDS / eSDS– Notification to ECHA

Thank you

Contact Details: Shisher Kumra Executive Director, SSS (Europe) AB Ph: 0046733650399 sk@reach-onlyrep.eu http://www.sustainability-support.com/