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European Union
12/5/2008 2:10:51 PM EST
Drs. Thomas Gerhold & Sonja Roder
Potential Pitfalls under European Chemical Legislation and How to Avoid Them
Attorneys, avocado rechtsanwälte
 
The European Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals No. 1907/2006 (REACH) adopted 1 June 2007 requires the chemicals industry and users to register to import, sell or market chemical substances in the EU by 1 December 2008 or face severe consequences such as business disruption, administrative fines and criminal charges. Dr. Thomas Gerhold and Dr. Sonja Röder discuss REACH and how to comply.
 
The authors write: As of 1 June 2008 and until 1 December 2008, chemical substances can be pre-registered. A pre-registration extends the deadline for registration (depending on the amount and characteristics of the substance) until 30 November 2010, 31 May 2013 or 31 May 2018.
 
Pre-registration is not time-consuming but vital for using the transitional periods of REACH. Only by submitting a pre-registration to the newly established European Chemicals Agency (ECHA) in Helsinki can a company benefit from the delayed deadline for full registration. If registrants fail to submit this information on time, they cannot rely on these extended deadlines but must register as of 1 December 2008. In June 2008 alone, nearly 16,000 pre-registrations were submitted to the Agency.
 
The duration of the transitional periods varies and depends on the amount of substance produced, the characteristics and the inherent risks of the substances. It expires on 30 November 2010 for some substances of very high concern and substances imported in large amounts. However, it can last up to 11 years until 31 May 2018. Pre-registration is open for phase-in substances. These are, for example, substances listed in the European Inventory of Existing Commercial Chemical Substances (EINECS). In practice, it is necessary to create an account on the REACH Internet portal by ECHA.
 
 
  

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