• What is REACH?
• How is REACH different than current legislation in the EU?
• How will REACH work?
• What chemicals are covered by REACH?
• What is the timeline for REACH?
• How is Ashland preparing for REACH?
• How do I contact Ashland about REACH?

What is REACH?

REACH stands for the Regulation for Registration, Evaluation, Authorization and Restriction of Chemicals. The REACH Regulation entered into force on 1 June, 2007, to streamline and improve the European Union's (EU) former legislative framework for chemicals. REACH also creates the European Chemicals Agency (ECHA) which has a central coordination and implementation role in the overall process. ECHA is located in Helsinki, Finland, and will manage the registration, evaluation, authorization and restriction processes for chemical substances to ensure consistency across the EU.

The aims of REACH are to:

• Improve the protection of human health and the environment from the risks that can be posed by chemicals
• Enhance the competitiveness of the EU chemicals industry, a key sector for the economy of the EU
• Promote alternative methods for the assessment of hazards of substances
• Ensure the free circulation of substances on the internal market of the European Union

How is REACH different than current legislation in the EU?

REACH replaces approximately 40 pieces of legislation with a single, streamlined and improved regulation. REACH creates the European Chemicals Agency (ECHA) with responsibility for a central coordination and implementation role in the overall process.

Other legislation regulating chemicals (e.g., on cosmetics, detergents) or related legislation (e.g., health and safety of workers handling chemicals, product safety, construction products) not replaced by REACH will continue to apply. REACH has been designed not to overlap or conflict with the other chemical legislation.

How will REACH work?

All manufacturers and importers of chemicals must identify and manage risks linked to the substances they manufacture and market in the EU. For substances produced or imported in quantities of 1 tonne or more per year per company, manufacturers and importers need to demonstrate that they have appropriately done so by means of a registration dossier, which shall be submitted to the Agency.

Once the registration dossier has been received, the Agency may check that it is compliant with the Regulation and evaluate testing proposals to ensure that the assessment of the chemical substances will not result in unnecessary testing, especially on animals.

Where appropriate, authorities may also select substances for a broader substance evaluation to further investigate substances of concern. Manufacturers and importers must provide their downstream users with the risk information they need to use the substance safely. This will be done via the classification and labeling system and Material Safety Data Sheets (MSDS), where needed.

If, after the appropriate deadline, a substance has not been registered according to the REACH guidelines, non-registered substances and non-registered uses will become illegal.

What chemicals are covered by REACH?

REACH follows a substance-based approach and applies to the manufacture, sale or use of substances on their own, in preparations or in articles. REACH applies to all substances with a few exemptions that include but are not limited to:

• Radioactive substances
• Substances, on their own, in a preparation or in an article, which are subject to customs supervision, provided that they do not undergo any treatment or processing, and which are in temporary storage, or in a free zone or free warehouse with a view to re-exportation, or in transit;
• Non-isolated intermediates (intermediates that during synthesis are not intentionally removed, except for sampling, from the equipment in which the synthesis takes place
• Polymers (though not the monomers which make them up) are also fully exempt from registration

A number of other substances are exempted from parts of the provisions of REACH, where other equivalent legislation applies (e.g., waste; substances used in medicinal products).

What is the timeline for REACH?

Substances falling under the scope of the REACH Regulation and not exempted from the registration obligation must be registered before they can be manufactured or placed on the market (including import) in the EU. Those substances that have long been on the EU market, called phase-in substances, and those that have not previously been placed on the EU market, called non-phase-in substances, have different timelines for registration.

For phase-in substances that are manufactured or imported in a quantity of 1 tonne or more per year, and which have been pre-registered between 1 June, 2008, and 30 November, 2008, the registration provisions are applied in phases to facilitate the organized and effective transition to REACH. The transitional arrangements introduce different deadlines for registration, without the need to interrupt the manufacture or import of these substances.

Substances that have not previously been placed on the EU market (non phase-in substances), and phase-in substances that have not been pre-registered, must be registered before manufacture or import starting 1 December, 2008.

*CMRs = Chemicals that are carcinogens, mutagens and reproductive toxins
**PBT = Chemicals that are persistent, bioaccumulative and toxic (PBT), based on scientific criteria
***vPbV = Chemicals that are very persistent and very bioaccumulative, based on scientific criteria

How is Ashland preparing for REACH?

As a supplier, manufacturer, importer and purchaser of chemical substances in the European Union (EU), it is in our mutual best interests to comply with the REACH regulations, as well as to ensure the supply of goods to us and to our customers is not disrupted. The initiatives described below apply to all Ashland products for the European market, whether supplied by Ashland-controlled entities based in Europe, the U.S. or other geographies.

• Ashland teams are in place working on the inventory of Ashland products and associated substances subject to Registration under REACH. This includes any new substances introduced into the market by Ashland-controlled entities. Additionally, we are currently participating in REACH consortia, and evaluating additional opportunities for participation, where appropriate.
  
• Our current intention is that we will Pre-Register all of the substances that Ashland manufactures or imports in the EU. We are working with our suppliers to ensure that substances we purchase in the EU or elsewhere will be Pre-Registered and Registered. For the small number of substances that require further evaluation, we are working with our suppliers to validate that key raw materials will be supported and that our manufacturing processes and Ashland product availability will not be affected after the Pre-Registration deadline of 30 November, 2008.

Through the Pre-Registration of all related substances, Ashland is making every effort to avoid any unnecessary disruption in the manufacture, marketing and supply of Ashland products used by our customers. Following the 30 November deadline, we expect to be in a position to confirm that the substances purchased by your organization from Ashland in the EU have been Pre-Registered according to the REACH requirements.

While it is our intention to file Registrations for substances manufactured and imported by Ashland in the EU, we cannot guarantee or absolutely commit to future Registration. Ashland’s product portfolio is subject to continual evaluation and optimization based on market and customer needs, including market size and profitability.

We will continue our work in defining the end-use information for our products. As part of this activity, we will communicate further with our customers and suppliers to provide details on how we will manage the necessary exchange of information between Ashland and your organization.

IMPORTANT NOTE: No rights can be derived from this publication and Ashland disclaims any liability for any errors or omissions. Each customer, supplier or other person or entity doing business with Ashland is solely responsible for the correct and full compliance with its obligations under REACH.

*The FAQs on this page were developed using public information provided by the ECHA