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The new European legislation on chemicals known as REACH came into force on 1 June 2007; it transfers the responsibility for the management of the risks and the gathering of information about chemical substances to industry.  Manufacturers, importers, distributors and downstream users of chemicals and/or products containing chemicals are directly or indirectly affected by REACH, although manufacturers and importers should bear most of the obligations.  The underlying principle is that manufacturers, importers and downstream users should bear the burden of proving and ensuring that the products they manufacture, put on the market or use in the context of their professional activities do not adversely affect human health or the environment. 

Normally, a substance manufactured or imported in quantities of one tonne or more per year must be registered before it can be manufactured, imported or placed on the market.  However, a special transition regime allows the continued manufacture or import of most chemical substances that are already being manufactured or imported, also known as phase-in substances.  More stringent obligations apply to substances that are manufactured or imported in quantities greater than ten tonnes or the most dangerous substances.

In addition, REACH provides for the progressive replacement of the most dangerous substances with suitable alternatives.

The eleven-year registration period has commenced.  Pre-registration of substances ended on 30 November 2008.  Chemicals that were pre-registered benefit from phased registration deadlines up to June 2018, depending on the annual tonnages involved. A late pre-registration is available to companies that manufacture or import an existing substance for the first time after 1 December 2008. 

It is now vital for any company affected by REACH to fully understand the extent of its obligations and to prepare the registration process without delay in order to ensure a smooth transition and continued lawful supply of substances to the UK and the EU market.  Our environment team advises on all aspects of the chemicals sector and the chemicals regulation at national and European level, and in relation to other jurisdictions outside of the EU.

Get in touch

Andrew Waite

Andrew Waite

BLP
Partner, Environment
Isabelle Laborde

Isabelle Laborde

BLP
Associate, Planning & Environment