The Registration, Evaluation and Authorization of Chemicals (“REACH”) (EU Regulation 1907/2006) regulates the manufacturing, import, and use of chemicals in the European Union.
REACH requires that all chemicals manufactured in the EU or imported into the EU at one metric ton or above annually per legal entity are jointly registered by their respective manufacturers/importers, unless an exemption for registration is provided for in REACH. New chemical substances must be registered immediately. For existing substances, staggered deadlines for registration apply provided that manufacturers/importers pre-registered those substances within six months of first manufacture, import, or use, and no later than 12 months before the relevant registration deadline. By June 1, 2013, all existing substances above 100 metric tons had to be registered. By June 1, 2018, all remaining substances above one metric ton must be registered. All carcinogenic, mutagenic, and reprotoxic substances above one metric ton had to be registered by the first registration deadline of November 30, 2010 for high volume chemicals (above 1000 metric tons), regardless of quantity.
As REACH requires joint registration by all manufacturers/importers of the same substance, industry groups were built (consortia) that worked together to coordinate the joint registration dossiers. This website is a platform whereby Jones Day, on account of the REACH consortia it manages, makes Letters of Access (LoA) available to other potential registrants of the same substance, so that other manufacturers/importers can join the registrations previously submitted to ECHA.
In addition to registration, REACH also provides for pre-market authorization of certain chemicals that are considered of particular concern. Those substances are listed in Annex XIV of REACH. Any company using a substance in the EU that is listed in Annex XIV must obtain a REACH authorization from the European Commission. The application for such REACH authorization must be filed with the European Chemicals Agency (‘ECHA’). Jones Day manages a number of industry groups (REACH authorization consortia) that work together to elaborate the dossiers for the applications for authorization. These consortia will make LoAs available to allow applicants to benefit from the work product undertaken by the consortia. These third party applicants must, however, file their own authorization for application with ECHA once they have obtained a LoA.
Jones Day has been advising clients on REACH since the earliest legislative proposals and has been engaged in significant representations in connection with its implementation.
- Creation and management of REACH registration and REACH authorization consortia ranging from 2 to 154 member companies
- ECHA Board of Appeal procedures
- Advice on the first ever REACH substance evaluation procedure
- Advice and representation in several ECHA Compliance Check procedures
- Contract drafting (licence agreements for studies, service agreements, Only Representative agreements, intra company agreements for REACH management, SIEF and consortia agreements)
- Advice on safety data sheets
- Advice on classification and labeling issues (specific expertise in the area of minerals and metals) and harmonized classification procedures including advocacy
- Due diligence; contract drafting on REACH related aspects of acquisitions and divestitures (including legal entity succession)
- Representation in national REACH enforcement cases