European Market

REACH

Registration, Evaluation, Authorization, and Restriction of Chemicals

REACH – EU Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals

 

This regulation was established by the EU to reduce risks posed by chemicals to human health and the environment, provide alternative methods for hazardous substance assessment, and enhance the competitiveness of the EU chemical industry. It mandates the registration, evaluation, authorization, and restriction of chemicals entering the EU market, significantly raising the requirements for chemical-related products. As a result, it has a broad impact across supply chains. The regulation entered into force on June 1, 2007, and is primarily enforced by the European Chemicals Agency (ECHA).

Regulated Products

REACH classifies products into substances, mixtures, and articles (as illustrated below). Its scope covers a wide range of products. Except for certain exemptions (such as radioactive substances and defense-related exempt products), most products are subject to REACH requirements. Consumer products are fully within its regulatory scope.

Regulatory Requirements

Requirements differ for substances, mixtures, and articles. For example, substances and substances in mixtures mainly require registration and authorization before entering the EU market. For articles (including finished products), the focus is on whether SVHC (Substances of Very High Concern) and Annex XVII restricted substances comply with concentration limits. When SVHC concentration exceeds 0.1%, communication along the supply chain is required. If SVHC exceeds 0.1% and total annual export exceeds 1 ton, notification to ECHA (SVHC notification) is also required.

Substance

Substance

Refers to chemical elements and their compounds as naturally occurring or obtained through manufacturing processes.

Examples: gold, silver, copper, toluene, acetone, ethanol, etc.

Mixture

Mixture

Refers to a mixture or solution containing two or more substances.

Examples: paint, plastic pellets

Article

Article

Refers to an object which, during manufacturing, is given a specific shape, surface or design that determines its function more than its chemical composition.

Examples: screws, IC lead frames, gold wires, etc.

Exempted Specific Items

  • Radioactive substances (already regulated by other legislation)
  • Substances under customs supervision stored without processing in EU customs or free zones (e.g. transit or re-export goods)
  • Non-isolated intermediates
  • Hazardous substances transported by land, sea, or air
  • Waste
  • Defense-related exempt products

Exempted from Registration

  • Substances used in medicinal products for human or veterinary use
  • Low-risk substances listed in REACH Annex IV (e.g. citric acid, etc.)
  • Substances listed in REACH Annex V
  • Previously registered substances re-imported within the same supply chain
  • Polymers (monomers used in polymer production must be registered)
  • Substances used for R&D purposes within a supply chain (exemption up to 5 years, Article 9)
  • Low-risk substances used in plant protection and biocidal products

Regulated Scope of REACH

Taking articles as an example, REACH regulation mainly covers two aspects. First, when SVHC concentration in an article exceeds 0.1% (1000 ppm), safety information must be provided to buyers and consumers according to Article 33. Second, hazardous substances in articles are restricted with specific concentration limits and usage restrictions depending on the substance type.

What is SVHC?

Recommendation List

Updated twice per year
  1. EU member states may submit substances meeting Article 57 criteria (e.g. CMR, PBT, vPvB, or substances of equivalent concern) to ECHA under Article 59. Proposed substances are published for a 45-day public consultation.

Candidate List

Updated twice per year

Authorization List

Reviewed every two years

Annex XVII Hazardous Substances

Actions for Article/Product Manufacturers

Normal Use Concentration Tonnage/year Required Action Authority Effective Date Regulation
Substance released from article Any substance (except exempted) > 1 ton Registration / Pre-registration ECHA 2008/6/1 Article 7(1)
Article contains SVHC (Candidate List) > 0.1% (w/w) 1000 ppm > 1 ton Notification ECHA 2011/6/1 Article 7(2)
< 1 ton Provide safety information Buyer 2008/10/28 Article 33
< 1 ton Inform consumers within 45 days and provide safety information Consumer 2008/10/28 Article 33
< 0.1% Any quantity No action required No communication required    
Article contains restricted substances (Annex XVII) Above restriction limit Any quantity Immediate ban on manufacture and sale   2009/6/1 Article 67 & Annex XVII

REACH Registrant / Notifier Eligibility

  • EEA branch office
  • EEA importer
  • Authorized representative company in the EEA

Other Requirements (e.g. SCIP)

Penalties for REACH Non-Compliance

  Registration & Notification Art.33 SVHC Annex XVII Restrictions
France €75,000 and 2 years imprisonment Up to €15,000 + daily penalties €1,500 €75,000 and 2 years imprisonment
Italy €15,000 to €90,000 €5,000 to €30,000 €40,000 to €150,000 or up to 3 months imprisonment
Netherlands Up to €18,500 and/or 2 years imprisonment Up to €740,000 and/or 6 years imprisonment Up to €740,000 and/or 6 years imprisonment
Portugal €200,000 to €2,500,000 €200,000 to €2,500,000 €30,000 to €48,000
Spain €85,001 to €1,220,000 €85,001 to €1,220,000 €85,001 to €1,220,000

Similar Regulations in Other Countries

Market Regulation Authority Link Effective Date
Japan Chemical Substances Control Law (CSCL) NITE 2010/04/01
China Provisions on Environmental Administration of New Chemical Substances Ministry of Ecology and Environment (MEP) 2010/10/15
Taiwan Existing Chemical Substance Nomination (ECN) & New Chemical Notification (NCN) Ministry of Labor / Environmental Protection Administration 2014/12/11
Korea K-REACH (Toxic Chemicals Control Act) Ministry of Environment 2015/1/1
USA TSCA US EPA 1976 / updated 2013/08/28
Canada Chemicals Management Plan (CMP) Health and Environment Ministries 2006/12/08

How Taiwan Exporters Should Respond

Chemical exports to Europe

Must complete registration and comply with authorization requirements. Compliance with CLP regulation is also required.

Article exports to Europe

Focus on SVHC Candidate List compliance (below 0.1% w/w) and Annex XVII restrictions. If release exceeds 1 ton/year under normal use, registration may be required.

For products containing
“hazardous chemicals”

  • High-risk testing evaluation → SGS recommends testing items based on application scenarios to reduce unnecessary testing costs.
  • Hazardous substance testing → SGS continuously updates laboratory capabilities to test hazardous chemical content in products.

For products containing
“SVHC”

  • Homogeneous material upgrade testing service → Annual SVHC testing service for homogeneous materials. After initial testing, SGS offers free re-testing for newly added SVHC substances within one year.
  • Full product dismantling testing → SGS disassembles complete products and tests different materials for SVHC substances.

SGS Solutions

  • Based on SVHC and Annex XVII test reports issued by SGS, compliance certificates can be issued.
  • Support for SCIP notification, including i6z file preparation.

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