BLC News
BLC - Helping you to interpret REACH
21st June, 2011
BLC takes a proactive role in relation to REACH and works with REACHReady towards REACH and CLP compliance.
Complying with REACH is a complex process and interpretations can differ. For example, the interpretation of the 0.1% by weight (w/w) threshold for substances in articles under REACH may differ depending on where the articles are produced and the country importing them. France has recently taken a stance on this subject and has published an opinion in their official journal Legifrance (Official Gazette No. 0132 of June 8, 2011 - Text No. 101) which could mean that an article that may be subject to obligations when reviewed by the French enforcement authorities may be assessed differently when being imported into the UK or other non-dissenting Member States.
Deciding what constitutes an article under REACH
ECHA (European Chemicals Agency) has produced a guidance document on the requirements of substances in articles. This document forms part of a series of guidance documents that are aimed at helping all stakeholders prepare for fulfilling their obligations under the REACH Regulation. An article is defined by the regulations as 'an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition', in addition this document states that the article can be made up of many component parts and lists some commonly used objects in private households including furniture and clothes.
The guidance document also highlights the fact dissenting views questioning the application of the 0.1% threshold to the entire article have been notified by 6 EU Member States (Austria, Belgium, Denmark, France, Germany and Sweden) and 1 EEA Member State (Norway) and publication of this part of the guidance document was not endorsed by these Member States. The general view of these EU/EAA Member States is that the limit value should apply to individual articles, parts or materials that the complex article is made of and not to the article as a whole. France has recently cemented its position on this issue by publishing an opinion in its official journal Legifrance.
REACH and packaging
A common query from our members regarding the interpretation of REACH relates to packaging and whether packaging is subject to the REACH regulations. The guidance document states the following:
"Substances, mixtures and articles can be contained inside of packaging, such as a cardboard box, plastic wrapping or a tin can. The packaging does not belong to the substance, mixture or article being packaged and is therefore to be considered as a separate article under REACH. Producers, importers and suppliers of packaging or of packaged substances, mixtures or articles have to fulfill the same requirements for that packaging as for any other article. Packaging with different functions needs to be considered separately (e.g. if an article is directly wrapped in plastic and then packed in a cardboard box, the plastic and the cardboard box should be considered separate articles)."
For further information on these and other REACH related issues or REACH testing , please contact info@blcleathertech.com
