‘ REACH: implications for importers’

Hendrik Abma

Director General

European Association of Chemical Distributors (FECC)

HICCS Conference

22 May 2008

FECC

REACH and Chemical Distributors

Implications for importers

Only Representative

AGENDA

National Associations 17 (including Switzerland and Norway)

FECC MEMBERSHIP

Company Members 31

ALGOL CHEMICALS OY AVANTEC S.A.AZELIS S.A.BANG & BONSOMER GROUPBIESTERFELD A.G.BRENNTAG HOLDING GmbH & CoBTC Europe CALDIC BV CAMPI Y JOVE S.A.C.H. ERBSLÖH K.G. DIPOL Chemical International Inc. EIGENMANN & VERONELLI S.p.A. GROLMAN GROUP HARKE GROUPAug. HEDINGER GmbH & Co

Associate Members 12

HSH GROUP IMCD GROUP B.V.KRAHN CHEMIE GmbH NORDMANN RASSMANN GmbH & CoOMYA AG ORKA d.o.o. PENTA CHEMIKALIEN GmbH & Co KGQUIMIDROGA S.A. QUIMITECNICA.COM S.A.R2 GROUP A/S SAFECHEM EUROPE GmbH  TENNANTS DISTRIBUTION Ltd. TER HELL groupUNIVAR Europe Ltd WARWICK INTERNATIONAL GROUP LTD.WELDING

FECC MEMBERSHIP

Observer seat at REACH CA

Round table on pre-registration, March 2008

Presentation to the ECHA, Feb. 2007

Testing of the Navigator and REACH IT

Participation in Commission REACH workshops

REACH Implementation Projects (RIPs): 3.1: Registration and Overall Guidance 3.2: Chemical Safety Assessment and Report 3.4: Data and cost sharing 3.5: Downstream users obligations 3.6: GHS

LATEST FECC ACTIVITIES ON REACH

FECC information to the Members on REACH:

Monthly REACH section in Newsletter and regular e-mails with updates and latest information.

FAQ on REACH for non-EU companies

Standard reply to customers

“How to get prepared for REACH” leaflet

Exemptions and Key dates in REACH

REACH and cosmetics, food and pharma

FECC Seminar on REACH Implementation for Chemical Distributors, 20 November 2007

REACH session in Annual Congress, Budapest June 2008

LATEST FECC ACTIVITIES ON REACH

REACH will affect the entire supply chain and will make the chemical distributors play a crucial role

MANUFACTURERS / IMPORTERS

DISTRIBUTORS

DOWNSTREAM USERS

Properties of substances and safe uses

Information on uses of substances

REACH & CHEMICAL DISTRIBUTORS

Chemical Distributors may have different roles in REACH… Importer/Manufacturer: import into the EU (or

manufacture) a substance or a substance in a preparation in 1 or more tonnes/year

Distributor: only stores and places on the market a substance, on its own or in a preparation, for third parties

Downstream user: uses a substance, either on its own or in a preparation, in the course of his industrial or professional activities, e.g. formulation, dilution, re-packaging, etc

REACH & CHEMICAL DISTRIBUTORS

…which entails different obligations.

IMPORTER: Pre-register and Register imported substances or substances in preparation > 1 t/y

DISTRIBUTOR: Make sure information is passed up and down in the supply chain

DOWNSTREAM USER: communication of information on own uses upstream or carry out use assessment

REACH & CHEMICAL DISTRIBUTORS

Different roles for the same company

REACH & CHEMICAL DISTRIBUTORS

1) Import Substance X from non-EU supplier

1) Buy Substance Y from EU supplier

3) Distribute Substances X + Y in the EU

2) Repackage Substance X

IMPORTER X

DOWNSTREAM USER X

DISTRIBUTOR X+Y

Strategic decisions at pre-registration:

What to pre-register? Current portfolio or intentions of future imports:

“Survive REACH” or “Keep every option open”

When? During the pre-registration period (1 June – 1 Dec. 2008) Later for first time M/I

What? Name of the substance Contact details of pre-registrant Substances for read-accross Wish to act as SIEF Facilitator

REACH & IMPORTERS

Pre-SIEF discussions on sameness of substance

Agreement on same substance

SIEF Formation

Data sharing

Joint submission

Communication to ECHA?

RIP 3.10

SIEF obligations apply

or Opt-out

REACH & IMPORTERS

Participation in the SIEF

Active participant ?

Time-consuming

Often scarce resources devoted to REACH compliance

Opportunity to influence discussions on consortia and cost sharing agreements

REACH & IMPORTERS

Guidelines on cost sharing: affordable for SMEs!

REACH says that SIEF participants shall make every effort to share costs in a fair, transparent and non-discriminatory way (article 30)

• According to volume (applicable to all

tonnage bands)• Principles also apply to new studies• Freedom of choice: Historic vs replacement• Mark-up factors supported by documentation

REACH & IMPORTERS

Guidelines on cost sharing: affordable for SMEs!

• Possibility of reduction factors • Risk premium only in some

circumstances• Only one study per endpoint will be

compensated • Payment at moment of registration• Value for risk premium and

administrative costs

Recommendation: be aware of the guidelines for discussions on cost sharing

REACH & IMPORTERS

Other Obligations

Communication in the supply chain Provide downstream users with the

appropriate SDS/ES and/or information for safe use

Record information Keep available and up-to-date

information for 10 years after the last manufacture, import, distribution or use of a substance.

REACH & IMPORTERS

Non-EU companies Non-EU Companies exporting chemicals to the EU

have no obligations under REACH.

However, they can appoint an Only Representative based in the EU who will fulfil the obligations of the Importers.

In case a non-EU company appoints an OR, the Importers become Downstream Users and have no further Registration obligations

Find out before pre-registration!

REACH & IMPORTERS

Only Representative vs Importer

Less control over imports

Tied to OR

Information on customers and volumes

Relieved from importer obligations

REACH & IMPORTERS

Thank you very much for your attention

Questions?

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