The final June 2018 deadline for registration of phase-in substances under the REACH Regulations may not exactly be looming, but as we’re now well into the final lap of this Olympian task, it’s not an inappropriate time to take stock.
As a marathon event, rather than a sprint, we’d all be advised to be wary of hitting the ‘wall’ after a promising start and running an exemplary tactical race so far. Whilst many businesses will now be well-practised and efficient in preparing dossiers of substance and risk characterisation information in order to complete registrations, there is the potential for being unexpectedly resource-constrained as a larger number of substances in the 1-100 tonne range, some of which are potentially more exotic, need to be addressed. At the same time, importers or manufacturers specialising in chemicals used in smaller tonnages, including those who wouldn’t consider themselves to be a ‘chemicals company’ may be dealing with the process for the first time.
The Candidate List and Annex XIV Authorisation List also continue inexorably to expand, and it’s worth reminding ourselves that the need for authorisations will continue long beyond May 2018. For many businesses, the need to prepare authorisation dossiers, demonstrate adequate control, analyse alternatives and explain the socio-economic case for the continued use of its chemistries is just beginning. Experience tells us that assessing the business implications of substances subject to authorisation and restriction and developing strategies to minimise the impact on business continuity is best done early. There is also no substitute for engaging with suppliers and customers as early as possible in order that evidence can be assembled in a timely fashion for the most robust defence of chemistry.
The experience of REACH, and the evidence and expertise that industry has compiled, also positions it well for a paradigm shift in strategy. The opportunity, from a comprehensively informed standpoint, to consider the impact of regulatory developments in other jurisdictions, with their subtle differences, to weigh up the changing needs and objectives of customers, and to articulate the benefits of products and the lost opportunity associated with unnecessary substitutions, is an attractive one, and offers the prospect of the best possible product stewardship outcomes. Perhaps there has never been a better time for re-examination of one’s plans for addressing the future needs of global markets.
Simon Aumônier, Partner
ERM (Environmental Resources Management Limited)
simon.aumonier@erm.com
