REACH is one of the most complex packages of environmental legislation to have been devised by the European Commission.

This legislation has had a world-wide impact on the chemical industry but the consequences have also been felt by businesses and consumers.

Chemical products like paints and varnishes are obvious targets, but toys, jeans and cosmetics all contain substances covered by the new legislation. The legislation has been in force since 1 June 2007, but few businesses and consumers seem to be fully aware of this, certainly outside the chemicals sector.

REACH calls for a radical shift in our ways of thinking and working. The legislation states that a company must control the risks from all chemical substances and preparations they manufacture in quantities exceeding 1 tonne, or which they import into the EU, process, use or distribute. The burden of proof, in the legislative sense, is reversed here. In the past the government were required to demonstrate that substances were harmful, but that responsibility now rests with businesses.

Where registration of substances is not applied for in good time, then the relevant substances may no longer be placed on the market.

Impact studies predict cost price increases and the rationalisation of portfolios and shareholdings. The sale or processing of unregistered chemical substances after 2010 may damage the image and reputation of a business. Some raw materials are likely to disappear from the market. The administrative burden from the REACH regulations may add between 4 and 20% to the production costs of certain raw materials.

If you can compete with a substance requiring registration without having to apply such a price supplement, then you will obtain a better market share. You can distinguish your company from the competition by responding effectively to a shifting market.

REACH also makes a contribution to innovation, leading to sustainable enterprise and sustainable technology. It will be necessary to integrate REACH into your organisation, calling for significant strategic choices:

• What methodology will you adopt when implementing REACH?
• Are you obliged or will you voluntarily collaborate with another party on registration(s), and if so who?
• What form of representation will suit you best during the registration process?

Envicas Bvba can assist you in making these strategic decisions, and can represent you throughout the entire project.

REACH is one of the most complex branches of legislation affecting businesses today, and can have a lasting and sometimes unanticipated impact. Let our experts ensure your compliance with the law and guide you through the legal minefield.