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The following example is used to illustrate the implications of REACH for manufacturers of equipment.

Initial actions: The first actions that should be carried out, even by small producers are:
Audit all materials used to make product
• Check with suppliers that chemicals and preparations will not be withdrawn from the market. It is unlikely that they will know at this stage but your question will prompt them to find out
• Are any very hazardous preparations? Look in manufacturer’s safety data sheets for this information. The most toxic substances are more likely to be withdrawn from the market, check with the supplier and consider whether any alternatives exist
• Do any unusual chemicals or preparations that you import from outside the EU contain hazardous substances? If any are classified as Substances of Very High Concern (SVHCs) then an application for authorisation for use will be required.
• In the future avoid using any materials that contain hazardous substances in new product designs to avoid possible further restrictions.

Actions required from 2008 onwards: Chemicals, preparations (which are mixtures of chemicals) and sub-assemblies are used in the production process to construct the product. Some materials are from EU-based suppliers and the rest imported by the equipment manufacturer from suppliers located outside of the EU. Some of the preparations contain substances that will be classified as SVHCs. The product also contains SVHCs. The actions that will be required by the equipment manufacturer will depend on the source of materials and parts and are:

Material / part From EU Supplier Imported into EU
Any chemicals used (> 1 tonne p.a.) Check that any chemicals are registered by the supplier. Offer to provide information on how used Importer must pre-register and register if > 1 tonne per year imported
Any preparations used (at least one constituent is > 1 tonne p.a.) – preparations are mixtures of chemicals Check that chemical constituents are registered by the supplier. Offer to provide information on how used Importer must pre-register and register if > 1 tonne per year of any constituents are imported
Use preparations that contain a SVHC (any amount) Check that the supplier applies for authorisation for manufacturers’ uses Will need to apply for authorisation for use
Use sub-assembly that contains > 1 tonne of a SVHC Supplier should have notified ECHA if > 0.1% by weight Notify ECHA if >0.1% by weight
Final product contains SVHC Manufacturer will need to inform customers of presence of SVHC. Also, if > 1 tonne of a SVHC is present at a concentration of >0.1%, must also notify ECHA

Safe use of chemicals and exposure scenarios: REACH also has information requirements. Chemicals will be supplied with new style safety data sheets that will include exposure scenarios. These describe how chemicals can be used safely and no other procedures will be permitted. If a manufacturer wants to use a chemical in a way that is not covered by the exposure scenario and the supplier is unwilling to provide a new exposure scenario, the manufacturer can make a submission to the European Chemical Agency for the alternative use.

Fortunately, there is no need to do all of this immediately and the EU has set up a timetable for implementing the REACH regulation.
• The first important requirement is pre-registration, so ensure that your suppliers do this
• Audit your chemicals and materials use, are any very hazardous substances used? If so these could be restricted or withdrawn in the future, so it is advisable to start looking for alternatives. When designing new products try to avoid, where possible, process chemicals that contain hazardous ingredients.
• Communication with suppliers will be important i) to inform them of any unusual uses you have for their chemicals (they need to include these when they register) and ii) to find out if any materials will be withdrawn to avoid the high registration and evaluation costs of REACH regulation.
• Some equipment manufacturers import chemicals from outside the EU and so could have REACH obligations if they import > 1 tonne per year or if there are any amounts of SVHCs.
• Importing equipment from outside the EU may also have obligations
o If the product contains 1 tonne, or more, of a chemical that is released intentionally, then it will need to be registered
o If the equipment contains an SVHC – see table above
• If products sold in the EU contain SVHCs, there are additional obligations - see table above

Directive Decoder