REACH Enforcement Action to Focus on CLP, SVHC and PIC

REACH Enforcement Action to Focus on CLP, SVHC and PIC

The Forum for Exchange of Information on Enforcement is set to launch a new enforcement campaign focusing on the classification and labeling of mixtures and Safety Data Sheets (SDSs). This comes as part of its sixth major coordinated enforcement project under REACH and encompasses three key enforcement priorities for 2018.

First, national enforcement authorities will conduct rigorous checks on classification, labeling and packaging (CLP) obligations. Primarily, this pertains to notifying classifications to the classification and labeling (C&L) inventory, and applying consistent classification and labeling practices across all materials.

Second, the enforcement project will focus on the duty to declare substances of very high concern (SVHC) in articles and to communicate information on these to supply chain actors. This will be very important given the expected release of a new guidance on substances in articles with respect to the European Court of Justice’s ruling on ‘Once an Article, Always an Article.’

Finally, the project will also establish a pilot program focusing on Prior Informed Consent (PIC) obligations and the impacts of exporting hazardous chemicals to non-EU countries. This means enforcement authorities will prioritize checks on compliance with export notification requirements.

What suppliers need to do

To ensure compliance under the CLP provision, suppliers must:

  • Classify the hazardous level of the substance (if the substance is not hazardous, a classification is not required). For further guidance, see the ECHA guidance document.
  • Label the substance with the appropriate label for the classification selected (ECHA guidance on labeling and packaging can be found here).
  • Include SDSs for the substance with the correct parts included (see here for further information).

To ensure compliance as per the SVHC requirements, suppliers must:

  • Ensure all necessary documentation is available for SVHCs over the threshold amount.
  • Ensure all customers have received copies of documentation regarding the safe use of the SVHCs over the threshold (as per Article 33).
  • Include SDSs for SVHCs where needed.
  • Confirm you have registered a substance with the ECHA if:
    • A substance is intended to be released from an article (as an ‘added value’); and
    • The company will import one ton or more of the substance.

To ensure compliance as per the PIC requirements, suppliers must:

  • Notify the designated national authority (DNA) of the presence of restricted chemicals 35 days before export (repeat annually).
  • For severely restricted chemicals, notification must be sent to the DNA of the import country requesting consent for the chemical import (must be at least 60 days before export occurs, and consent is valid for three calendar years).
  • Details on what these notifications must include can be accessed here.

The calm before the storm

The enforcement campaign for CLP, SVHC and PIC obligations under REACH will be prepared during 2017, with field inspections due to commence in 2018. In the lead up, it is critical for those in scope to spend this time focusing on supply chain analysis so they are not caught off-guard by the imminent enforcement project. This entails in-depth inquiry into the supply chain so companies can determine whether they are meeting their obligations under REACH.

In the context of constantly-evolving regulations and a continually-changing list of restricted substances, the only practical way to maintain compliance with REACH is through consolidated supply chain evaluation. Third-party compliance solutions, such as the Assent Compliance Platform, offer an efficient solution for supply chain surveying needs which help companies meet their due diligence requirements. By automating the collection of varied supply chain data from multiple suppliers at once, companies can ensure they always have the right information at hand to easily demonstrate their compliance to enforcement authorities and stakeholders.

Partnering with Assent

Assent helps companies effortlessly monitor compliance with REACH and other regulations, including RoHS, conflict minerals, anti-human trafficking and more.

For further information on the 2018 REACH enforcement project or to discuss your compliance requirements, contact our specialists at info@assentcompliance.com.

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