Background on the Pilot Project
Currently, it can be quite difficult to determine the level of compliance on suppliers of articles. As a result, the Forum for Exchange of Information on Enforcement has started a pilot project to help negate this issue. The purpose of this pilot project is to raise the awareness of the legal obligations for importers, subsequently raising the level of compliance among producers under Articles 7 and 33 of the REACH regulation. This project aims to target the reasons for non-compliance and inevitably establish better enforcement methods in the future. The operational phase of the project began in October 2017 and will run until the end of June 2018. A report of the results is expected by the end of November 2018.
The Articles Under Reach Effected
Article 7 of the REACH regulation mandates that SVHCs in Articles be notified to the ECHA if the substance exceeds 0.1% w/w (weight by weight) of the article, and exceeds 1 metric ton per producer/per year on the EU market.
Article 33 of the REACH regulation is the duty to communicate information on substances in articles if the SVHCs exceed 0.1% w/w. Article 33 also states the following:
- Any supplier of an article containing a substance meeting the criteria in Article 57 and identified in accordance with Article 59(1) in a concentration above 0.1% weight by weight (w/w) shall provide the recipient of the article with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance
- On request by a consumer any supplier of an article containing a substance meeting the criteria in Article 57 and identified in accordance with Article 59(1) in a concentration above 0.1% weight by weight (w/w) shall provide the consumer with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance
- The relevant information shall be provided, free of charge, within 45 days of receipt of the request
The Substances Targeted
Consumer articles that may be inspected include electrical products, building materials, and interior articles. Specific substances that would be targeted in the project include:
- Brominated Flame Retardants
- Phosphorous Flame Retardants
- Short-Chain Chloroparaffins
- Aprotic Polar Solvents
- Perfluorinated Substances
- Phenolic Benzotriazoles
How TÜV Rheinland Can Help
Don’t be caught with non-compliance after the article(s) are already on the market. Good due-diligence requires gathering information from your suppliers and to perform testing on high risk materials, and high risk suppliers.
For more information, speak to a TÜV Rheinland representative today: