REACH puts specific legal obligation on manufacturers of articles (components, subassemblies, finished product etc.) in particular to use chemicals safely and to be aware of and inform customers of the use of substances of very high concern (SVHCs) in their products.

Potential SVHCs
Sixteen substances were proposed and fifteen of these were included in the REACH candidate list in October 2008.

Several of the listed substances are used in electrical equipment and a few are used in processes. All met the criteria for substances of very high concern (SVHC). Since the date that the candidate list was published, suppliers of materials, components and equipment that contain >0.1% by weight of an SVHC, have needed to inform their customers that they are present (at least providing the name of the substance) and also provide instructions for safe use of the product which could include when the product is repaired or disposed of by recycling.

European suppliers are obliged to provide this information to business customers automatically but frequently this information would need to originate from a supplier located outside the EU. While many manufacturers have started to send standard REACH questionnaires to their suppliers, many do not request this essential information.

Safe handling information
The next task is to establish whether safe handling information is required. The ECHA provides limited guidance on this but it is up to manufacturers to determine whether this is required. This should take into account how the products are normally used. To determine whether safe use information is required, the exposure by workers and users needs to be considered. This can be very complex as the published research on actual levels of exposure that can occur and the minimum levels that could potentially cause harm need to be assessed on the basis of how the product is used. Handling of PVC cable containing DEHP exposes workers to levels of DEHP that are lower than those determined to cause harm but if the cables are heated such as by soldering, then much higher exposure levels are possible if no ventilation is used.

Where next?
In the longer term, suppliers will not wish to have to admit to their customers that SVHCs are present in their products and so will minimise their use (to drop below the 0.1% threshold) or eliminate them completely if this is technically feasible. In effect, substances in the REACH candidate list will be “restricted” voluntarily by manufacturers to avoid problems and possible disruption to business. Five of the candidate list SVHCs are also being proposed to be included in Annex XIV and so authorisation for use of these substances will be required.

There is inexorable and increasing pressure to widen the number of substances restricted either through REACH or RoHS. The recently published SIN list is a statement of where environmental NGOs intend to apply pressure for more restrictions. It has never been more important for manufacturers to know what substances are used in and to make their products to avoid unplanned and costly early obsolescence or difficulties in meeting their legal obligations.

Further information
ERA publishes a REACH guide which provides comprehensive and specific guidance for the products sector on REACH including all of the issues discussed here. We also run public and in-house training and provide one to one technical consultancy. To find out more call us on +44 (0)1372 367444 or email.