07 2009 The REACH Pre-Registration is Over – What Now?

To ensure that companies meet the first substance registration deadline of November 10 2010 under REACH it is important that the Substance Information Exchange Forums (SIEFs) are formed promptly.
 
The idea behind SIEFs is that companies planning to register the same substance share information to avoid duplication of studies and agree on classification and labelling as appropriate. Joining a SIEF is a legal obligation for all registrants.
Companies who have pre-registered substances will be contacted by their SIEF Formation Facilitator (SFF) to confirm their future interest. It is very important to confirm your company’s preference by promptly answering with either positively, negatively or possibly in a timely manner. Most requests ask whether you are Active, Passive or Dormant. If you are not sure, make contact to clarify your company’s position. Registrations depend on this interaction.
You may be asked by the SIEF if you are a Data Holder. Even if not requested, you must inform the SIEF quickly if you are a Data Holder.
 
Many readers will be Downstream Users of manufactured and imported substances. Make sure you write a letter to your suppliers (manufacturers or importers) before 1st November 2009 to ask them to include your company’s applications in their submissions. If your company’s application isn’t included as a use for this substance in the worst case you may have to cease production. Your company would need to make the Downstream Use application itself to remedy this.
 
Enforcement is a key part of REACH. Already authorities in some countries have delayed shipments of substances, or materials containing substances that haven’t been pre-registered. It is your responsibility to ensure your manufacturer/importer has pre-registered the substance you use. An official letter from them might be used in your defence if they have not pre-registered your substance, but not the company’s pre-registration number. 
 
Remember if you use a substance imported from outside of the EU (this includes polymers) and the importer has not pre-registered the substance then you must stop manufacture immediately and move to a supplier who has pre-registered. Do not sleep and expect this to go away - it will not.
 
Recyclers are unlikely to have to register unless they import recyclate from outside of the EU. However PET recyclers are likely to be part of the Downstream User scenario and should therefore be prepared to cooperate with the SIEF.