Client Services / Brussels / EU Chemicals - REACH

EU Chemicals - REACH

What is REACH?

REACH regulates chemical substances in the EU.  It governs the system for the registration, evaluation and authorisation of chemical substances within the EU. 

Are we affected by REACH?

REACH is extremely wide ranging in scope.  It affects:

  • Manufacturers of chemical substances
  • Importers of chemical substances
  • Downstream users
  • Distributors of chemical substances

What does REACH require?

REACH imposes onerous registration and other requirements on both manufacturers and importers of chemical substances.  Every substance which is manufactured and imported in quantities above one tonne per year must be registered with the European Chemicals Agency (ECHA).  Approximately 30,000 chemicals will need to be registered.

REACH also imposes specific obligations upon downstream users and distributors of chemical substances. 

REACH will be enforced by the EU Member States, which are empowered to impose fines and potentially criminal sanctions.

How can we achieve this?

McDermott Will & Emery has an experienced team which can advise and assist you regarding:

  • your company’s obligations pursuant to REACH; and
  • the most cost effective and simple framework for fulfilling your legal obligations. 

McDermott’s dedicated European Law and Corporate Group have an in-depth knowledge of  REACH which requires submission of data and information which is often held or owned in different parts by many different companies and R&D organisations. 

McDermott’s team has extensive experience in advising on and drafting REACH consortia agreements and in particular on key clauses such as consortia structure, membership rights and obligations, financial contributions, data (test) sharing, confidentiality, and protection and ownership of intellectual property rights.  We are currently assisting several consortia on REACH compliance. 

We have advised manufacturers, importers, downstream users and distributors in the metals industry, medical devices, pharmaceuticals, cosmetics, computer and machine parts manufacture.  Issues upon which we have experience include:

  • Identification of chemical substances which are subject to registration
  • Registration requirements for each tonnage band
  • Pre-registration
  • Participation in a Substance Information Exchange Forum (SIEF)
  • Data sharing and disclosure of test data
  • Authorisation procedure and requirements

We regularly participate in REACH conferences and seminars and advise on REACH Implementation Projects (RIPs).  As such, we are at the cutting edge of developments regarding the implementation and interpretation of REACH.

Contacts

Brussels Client Services

McDermott Will & Emery

McDermott Will and Emery