february 17, 2009 presented by: a.j. guikema tetra tech reach update : substances of very high...
TRANSCRIPT
February 17, 2009February 17, 2009
Presented by:A.J. Guikema
Tetra Tech
REACH Update : Substances of Very High Concern (SVHCs)
AgendaAgenda
1. REACH registration is not a significant requirement for the footwear and apparel industry
2. SVHCs are a concern
3. Communication of SVHCs in articles is required by law
4. Other Substance communication issues
REACH registration will rarely apply to apparel or footwearREACH registration will rarely apply to apparel or footwear
Doesn’t apply to articles…
Textiles
Clothing/Footwear
Packaging
……except for intentional releases
Lotions, fragrances
…and for ensuring any EU suppliers register
Pigments, adhesives, etc
REACH registration will rarely apply to apparel or footwearREACH registration will rarely apply to apparel or footwear
Substance Information Exchange For a (SIEFs)
• Are getting into full swing right now
• Have very few apparel and footwear members
• Are comprised of a few key suppliers
SVHCsSVHCs
Substances of Very High Concern
Substances for potential inclusion in REACH Annex XIV, which will ban substances from the EU market.
SVHCs are considered to be: carcinogenic, mutagenic, or toxic for reproduction (CMR); persistent, bioaccumulative and toxic (PBT); very persistent and very bioaccumulative (vPvB); and, endocrine-disruptors
Substances of equivalent concern….
SVHCsSVHCs
An SVHC goes through a 5 phase process, appearing on a series of lists
E.g. progress of the 1st wave through its 5 phases
• Registry of intent – www.echa.eu website June 2008
• Annex 15 list – 16 substances, June 30, 2008
• Candidate list – 15 substances, October 28, 2008
• Priority list – 7 potential substances identified, 1st list at the latest June 2009
• Annex XIV – BANNED, date TBD
Probably will still be able to import articles with banned substances
Definitely will have to know about and communicated all Candidate List substances (if >.1% concentration in article)
The Candidate List as of Today (Feb 17th)The Candidate List as of Today (Feb 17th)
Communication of SVHCs in ArticlesCommunication of SVHCs in Articles
For a substance in an article:
if the article is imported or produced in the EU,
• and the substance is on the Candidate List
• and the substance is present in a wt/wt concentration in the article at greater than 0.1%
then the substance must be communicated to recipients and consumers
Ref: Article 33.1-2 of the REACH Regulation
For a substance in an article:
if the article is imported or produced in the EU,
• and the substance is on the Candidate List
• and the substance is present in a wt/wt concentration in the article at greater than 0.1%
then the substance must be communicated to recipients and consumers
Ref: Article 33.1-2 of the REACH Regulation
Communication of SVHCs in ArticlesCommunication of SVHCs in Articles
Communication to recipientsThe obligation to provide available information on
substances of very high concern to the recipients of the articles applies as soon as a substance has been included on the candidate list for authorization (1st list was Oct 28, 2008)
This is to be done at the time of shipment immediately after the substances has been included on the candidate list
You have to be ready to communicate immediately upon release of the next list !
Ref: Article 33.1 of the REACH Regulation
Communication to recipientsThe obligation to provide available information on
substances of very high concern to the recipients of the articles applies as soon as a substance has been included on the candidate list for authorization (1st list was Oct 28, 2008)
This is to be done at the time of shipment immediately after the substances has been included on the candidate list
You have to be ready to communicate immediately upon release of the next list !
Ref: Article 33.1 of the REACH Regulation
Communication of SVHCs in ArticlesCommunication of SVHCs in Articles
Communication to any consumer who asks
Clock starts ticking upon consumer request, response is due within 45 days
Consumer request may be sent to ANY actor in the supply chain, including retailers
Non-Governmental Organizations (NGOs) will drive much of the effort
Ref: Article 33.2 of the REACH Regulation
Communication to any consumer who asks
Clock starts ticking upon consumer request, response is due within 45 days
Consumer request may be sent to ANY actor in the supply chain, including retailers
Non-Governmental Organizations (NGOs) will drive much of the effort
Ref: Article 33.2 of the REACH Regulation
Communication of SVHCs in ArticlesCommunication of SVHCs in Articles
CONTENT TO BE COMMUNICATED -- Example from RIP 3.8
Communication of SVHCs in ArticlesCommunication of SVHCs in Articles
Format for communications
• Website
• Explicit labeling (not on inside of package)
• Label has URL - retailer downloads from web
Conclusion: This is an MSDS for articles and will be required globally (either by law or by contractual terms)
Format for communications
• Website
• Explicit labeling (not on inside of package)
• Label has URL - retailer downloads from web
Conclusion: This is an MSDS for articles and will be required globally (either by law or by contractual terms)
For a substance in an article:
if the article is imported or produced in the EU,• and the substance is a SVHC (substance of very high concern)• and the substance is present in a wt/wt concentration in the
article at greater than 0.1%• and the substance amounts to greater than 1 metric ton per
year• and exposure to humans or to the environment cannot be
excludedthen the substance must be notified to the EU Chemicals Agency.
Ref: Article 7.2 of the REACH Regulation
For a substance in an article:
if the article is imported or produced in the EU,• and the substance is a SVHC (substance of very high concern)• and the substance is present in a wt/wt concentration in the
article at greater than 0.1%• and the substance amounts to greater than 1 metric ton per
year• and exposure to humans or to the environment cannot be
excludedthen the substance must be notified to the EU Chemicals Agency.
Ref: Article 7.2 of the REACH Regulation
FYI, coming in 2011: Notification of SVHCs in ArticleFYI, coming in 2011: Notification of SVHCs in Article
Other Substance issuesOther Substance issues
SIN (Substitute It Now) List –www.chemsec.org
Released Sep 17, 2008
ECHA director showed up for unveiling, SIN may influence future selection for SVHCs
Currently 300 substances
No force of law
Brand image affected, NGOs campaign
Incorporate into RSL?
What to do and what to worry aboutWhat to do and what to worry about
SVHCs (Candidate List) and SIN List substances are both important to track
RSL Status – Integrate into current process, i.e. format, content
Have to ask suppliers and have to tell customers
• Proprietary concerns?
• Keeping up to date real-time?
Questions?Questions?
A.J. Guikema, Tetra Tech
734.213.4095
A.J. Guikema, Tetra Tech
734.213.4095