On 18 December 2006, it was approved Regulation No. 1907, which takes the name reach Regulation,or Reach Regulation,stands for registration, evaluation, authorization and restriction of chemicals.
Articles of the REACH Regulation
The Reach Regulation consists of 141 articles and 17 technical attachments. The aim of the act is to improve health protection through knowledge of the risks of chemicals, to identify alternative methods for assessing their dangers and also to strengthen the competitiveness of the EU. European chemical industry.
THE REACH Regulation has established theHelsinki-based European Chemicals Agency(ECHA)to receive and assess the compliance of company registrations.
Art. 5 REACH, in fact, stipulates that in order to continue the marketing of chemicals it will be mandatory to draw up a registration, if the quantitative limit of 1 tonne per year is exceeded.
The authorities and scientific committees within the Agency will then determine whether the substance is manageable or not.
In the event of a negative opinion,ECHA has the power to ban them, limit their use or subject it to a special authorisation.
Among the substances that require authorisation are, for example, categories of carcinogens, mutagens and toxic reproductive substances (CMR) and persistentsubstances, bioaccumulated and (PBT).
Business information and technical assistance platforms have also been set up in each EU Member State, which are known asnational helpdesks.
There are therefore many companies affected by the discipline, including those that at first glance are not interested in the issues of chemicals.
The REACH regulation,in fact, divides companies into three categories on the basis of their role: manufacturers,i.e. manufacturers; The importers,i.e. those who buy items outside the single market that may have been in contact with substances; and finally the downstream users, i.e. companies that use chemicals for their industrial activity.
REACH adviceis of paramount importance in order to avoid the heavy penalties provided by the Regulation.
As this is an act with immediate application and direct effectiveness in the orders of individual states, the REACH regulation immediately came into force in all the member countries of the European Union.
The application of Reach rules relating to controls and the strict sanctioning framework is passed on to the national competent authority and the competent local authorities, which in Italy are the Ministry of Health,and those in Italy, respectively, regions and the autonomous provinces of Trento and Bolzano.
With regard to controls,both the Ministry and local authorities identify administrations and agencies operating in the area.
At the state level, among others, NOEs (green operating units), NAS (anti-sophistication and healthunits) and USMAFs (maritime, air and border health offices) should be remembered. ).
At the regional level, however, we findARPA,theregional environmental protection agency.
Reach penalties can be as high as .90,000 for non-compliance with the regulatory obligations, but consider that even the mere failure to register can cost the company up to .15,000.
The discipline of Exhibit XVII of Reach Regulation is particularly burdensome. This identifies the conditions and restrictions provided for the production, marketing or use of certain chemicals by any of the subjects already mentioned in the previous article (manufacturer, importer or user) downstream).
In the event of a violation or non-compliance with the subject’s use, he can be punished by arrest ingesting up to 3 months or with a fine of between 40,000 and 150,000 euros.
Our professionals have been acting as consultants for many years and also assist companies in challenging the relevant sanctions.