EU Commission Publishes REACH Review

The EU Commission has fulfilled its obligation to review the REACH program. It published its REACH review on February 5, 2013. The 15-page document concluded:

"that REACH functions well and delivers on all objectives that at present can be assessed. Some needs for adjustments have been identified, but balanced against the interest of ensuring legislative stability and predictability, the Commission will not propose any changes to the enacting terms of REACH."

They did, however, determine that there is a need to reassess the impact of REACH on small and medium sized entities (SMEs), which because of their relative low benefit compared to the high costs of compliance the Commission felt have still been unduly impacted despite reduced fees and testing obligations.

A summary of the report can be read here.

The prepublication version of the report can be downloaded here as a PDF.

EU Member States Want REACH Revised to Better Address Small Company Concerns

Small and medium-sized businesses are disproportionately impacted by the high costs of compliance with the EU REACH chemical regulation, according to several Member State representatives at a recent forum. With the European Commission working on a review of the REACH regulation - a report is due to be published in 2012 - Member States are hoping that come changes can be made to assess the impacts on the smaller registrants that have less financial and technical resources.

The large production volume substances (greater than 1000 metric tonnes per year) were registered by November 30, 2010.  The mid-range production volume substances (greater than 100 metric tonnes per year) are due to be registered by May 31, 2013.  The smallest tonnages covered by REACH (greater than 1 tpy) must be registered by 2018. 

As production tonnages go down the amount and cost of data required for registration goes down. Registration fees also decrease, and there are additional discounts for small and micro companies.  Still, many small and medium sized companies feel that the cost of registration is prohibitive.  Besides the data requirements for REACH, companies that make or use hazardous substances are required to notify ECHA.

All of the concerns raised by Member States and other stakeholders will be considered by the Commission and included in their review.  It remains to be seen whether there are substantive changes made to the REACH regulation, or merely tweaks to make the system work more efficiently for the companies that will be registering by the 2013 and 2018 deadlines.

More information on the 2013 deadline and other aspects of REACH can be found on the ECHA web site.

EU Commission to Ban Biocide Uses for Eight Chemicals

Last week the European Commission issued a decision "concerning the non-inclusion of certain substances in Annex I, IA or IB to Directive 98/8/EC," i.e., to ban specific uses for eight biocidal chemicals.  The decision gives manufacturers and formulators until July 1, 2012 to phase out use of the substances for the biocidal product types indicated.  After that date they will be banned from being placed on the market.

The substances and product types for which they will be phased out are:

Formaldehyde: Human hygiene products, drinking water disinfectants, fibre/leather/rubber materials, vermin

2-Chloroacetamide: Veterinary hygiene products, in-can preservatives, metalworking fluids preservatives

Thiabendazole: Private and public health area disinfectants, metalworking fluids preservatives

2,2'-dithiobis[N-methylbenzamide]: metalworking fluids preservatives

Sulphur dioxide: Human hygiene products, private and public health area disinfectants, in-can preservatives, film preservatives, metalworking fluids preservatives

Reaction product of dimethyl adipate, dimethyl glutarate, dimethyl succinate with hydrogen peroxide/Perestane: Food and feed area disinfectants

Oligo(2-(2-ethoxy)ethoxyethylguanidinium chloride): Human hygiene products, drinking water disinfectants, in-can preservatives, metalworking fluids preservatives


Poly(hexamethylendiamine guanidinium chloride): Human hygiene products, drinking water disinfectants, in-can preservatives, metalworking fluids preservatives

Any other uses not listed are still authorized to continue beyond the phase out date.  In all cases, the uses above were not supported by the manufacturers.