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3E in the News............................................................................................................

Ask the 3Experts...............................................................................................................

"The new REACH Regulation just came into force. What impact is this new legislative framework going to have on the industry?"

The new European law on chemicals, REACH (Registration, Evaluation, Authorization and Restriction of Chemicals), entered into force on June 1, 2007. The new Regulation is imposing an important effort on the industry to comply with the new regulatory requirements.

REACH established a European Chemical Agency (ECHA), headquartered in Helsinki, Finland, that will administer the regulations with the assistance of the Competent Authorities within the various European Member States. On June 1, 2008, the main REACH procedures start to apply in order to allow ECHA to become fully operational.

Under REACH about 30,000 existing chemicals used on the European market, so-called phase-in chemicals, must be registered over a period of 11 years. The registration deadlines within 11 year period are based on tonnage and hazardous properties. For new chemicals the registration under REACH starts on June 1, 2008, after a transition period of one year.

REACH regulates chemicals at the substance level, and all substances produced or imported in volumes above one ton need to be registered. This means that all companies producing or importing chemical substances, preparations and articles in Europe will be affected.

REACH will have a major impact not only on the chemical industry but on the European economy as a whole. It is a big task for chemical companies, but will affect also non typical chemical companies, like the automotive, electronics and steel industry. Companies can play different roles under REACH: manufacturer, importer, distributor, and downstream user.

• Manufacturers/ importers are responsible for substance registration at the tonnage level as manufactured/imported
• Distributors are responsible for passing on information in the supply chain
• Downstream Users are responsible for safe use and passing of information along the supply chain.

One single company can play these roles at the same time. A producer of chemical substances can be a downstream user of his supplier of raw materials and can be importer of raw materials or preparations. A formulator is a downstream user of raw materials, and can be also an importer of substances and/or preparations, but it can also be a distributor. A producer of articles can be importer of substances and/or preparations, downstream user of substances and/or preparations, importer of articles, etc. 

The Authorization title of REACH is expected to affect drastically the availability of the most risky chemicals, the so-called “substances of very high concern”. The effect of identification of these substances is going to have consequences with the prohibition of these substances, as well as the obligation to develop and propose alternative substances and technologies. In addition, identification of substances of very high concern will have important practical effects on the markets, as it will give a signal to users that the substance is expected to be withdrawn.
The expected impact and consequences require the companies in the supply chain of chemicals to get prepared for possible changes in their portfolio.

                                                                                                                  - Mihaela Mazilu

Ms. Mazilu is a senior regulatory research analyst with 3E Company.  She is responsible for monitoring regulatory developments and issues in Eastern and Western Europe.

Meet the 3Experts...........................................................................................................

Zak Kendrick is a hazard communication associate author with 3E Company.  Zak started working for Ariel in May 2003 with the opening of the Kingsport office. He has authored Material Safety Data Sheets for many of the Kingsport office’s clients at one time or another and is currently project manager for multiple clients. Needless to say, he stays pretty busy!

Prior to joining Ariel, Zak worked as an analytical chemist for a pharmaceutical company. He worked in several departments of the quality control laboratory, eventually becoming a senior chemist responsible for developing and validating analytical methods for new product lines.

“I decided to look for a similar position around the Research Triangle area of North Carolina because there wasn’t much room to grow professionally where I was. When I saw the advertisement for an MSDS author I was more curious than anything else. I applied, went to an interview a week later --- where I probably asked more questions than the interviewers! --- and was offered a position. I just couldn’t ask for a better group of people to work with. It’s no wonder our clients say they are really happy to have the kind of relationship they get with Ariel. I also think it takes a special type of nerd to enjoy digging through regulations and chemical data to write an MSDS. Really, I feel I’m very lucky to be here,” says Zak.

Zak holds a bachelor’s degree in ACS Chemistry from Middle Tennessee State University.

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