Transcript Slide 1

SEMINAR
“The impacts of EU Legislation REACH on Textile & Clothing Industries”
October 28, 2008
ITKIB – Istanbul
By Adil ELMASSI
Director Environmental Affairs
 Do I need to pre-register and register substances in
articles?
 Do I need to notify substances in articles?
 Do I need to forward information on substances in
articles to my customers or to the consumers?
The application of substances in articles provisions is a serious challenge
for EU importers of yarns, fibres and grey fabrics as well as finished
articles
WHY?
Lack of information on the production process and the corresponding
chemicals input
Substances in Articles
Obligations–EU Importers
Registration according to article 7(1)
 Intended release
Total amount exceeds 1 t/a
 The total amount of the substances in all articles is
taken into account
 If more than one type of articles with intended
release of that substance, the quantities in all articles
have to be summed up
 The substance does not have to be registered if
already registered by an actor in the supply chain
Notification according to article 7(2)
Only when all conditions are met:
 The substances is included in the candidate list for
authorisation (article 59(1))
 Is present in all articles in amount totalling over 1t/a
Is present in the articles above 0.1% (w/w)
Notification is not requested if one of the
following conditions is met:
 Exposure is excluded
 The substances has already been registered for the
use in the article
Notification according to article 7(2)
IMPORTANT to note
• 0.1%(w/w) threshold is applied to an article as
imported and not to the homogeneous parts of an
article
• Substances being part of imported articles cannot be
subject to authorisation
Duty to Communicate Information on
Substances in Articles - Obligation
according to Article 33
Articles 33 ensures that sufficient information is
communicated with articles to allow safe use
 Information has to be also provided to consumers
upon request within 45 days
It concerns SVHC present in the article in
concentration above 0.1%
 The obligation cannot be exempted via article 7(3)
(exclusion of exposure)
The obligation cannot be exempted via article 7(6)
( already registered for that use)
Obligations according to Article 33
IMPORTANT to note
• There is no tonnage trigger for this obligation
• The obligation applies once SVHC has been included
on the candidate list for authorisation
• The date of supply of articles is relevant
The obligation apply also to articles which were imported before the
substance was included in the candidate list and are supplied after the
inclusion in the that list
RESTRICTIONS
The content of substances in imported
articles can be restricted or banned
 Importers of articles has to follow the
conditions outlined in annex XVII of REACH
from the 1 June 2009
Table 1 : Timelines for Article Importers
Potential obligations for article suppliers
Time
Start of obligation to register non-phase-in substances and phase-in substances
which have not been pre-registered, if conditions of Article 7.1 are met
From 1st June 2008
Pre-registration off phase-in substances if they need to be registered according to
Article 7.1 or according to Article 6 (e.g. subtances imported in preparations)
1st June 2008 – 1st
December 2008
Participation in SIEFs (potential registrants according to Article 6 and 7.1)
1st June, after preregistration 
Communication about substances on the candidate list in articles according to
Article 33
After publication of
candidate list (first list
expected autumn
2008/beginning 2009)
Notification of substances in articles according to Article 7.2
6 months after substance is
included in candidate list.
No notification required
before 1st June 2011
Registration of pre-registered phase-in substances
• in amounts ≥ 1000 tonnes per year or more,
• in amounts ≥ 1 t/a if the are known carcinogens, mutagens or reprotoxic
substances (category 1 and 2) and
• in amounts ≥ 100 t/a substances if they are classified with R50/53
By 30th November 2010
Registration of pre-registered phase-in substances in amounts between 100 and
1000 tonnes per year
By 31st May 2013
Registration of pre-registration phase-in substances between 1 and 100 tonnes
per year
By May 2018
Packaging and containers
Importers of packaged articles have to fulfil the
same requirements for that packaging as for any other
article, be it a carton or a plastic wrapping
In general no intended release from packaging
materials is foreseen but they may be unintended
release.
Be Prepared to communicate Information to your EU Customers
Article Suppliers to the EU:
Should document the results of their compliance
checking with the requirements of substances in
articles and information to consumers
With implemented Environmental management
systems could incorporate REACH conformity as a
criterion with a clear indication of how conformity will
be secured and documented
 May establish “good practice code” with supporting
documents including letters to importers, certificates,
results of analysis etc.
Standardised information from non-EU
suppliers
• Part of the information needed to comply with Art 7 & 33 can
be derived from the SDS (art 31) or information required for
substances subject to authorisation /restriction for which no
SDS is required ( Art.32)
• Article importers will not receive any comparable
standardised information ( supply chain outside the EU)
Requesting non-standardised information
In this case you will face an active request for
information on the identity of the SVHC and on the
concentration/amount contained in the articles
I M P O R T A N T to note
 The textile supply chain is complex, confidentiality
and contractual obligations may hinder communication
and information flow.
 This type of enquiries will need time and resources
and concertation between the actors
NON-EU Exporters can play a role in facilitating the
process and reducing the work load
Excluding the use of SVHC:
• This could be done “top down”:
• by certifying that SVHC are not used
• or remain under certain concentration range in articles.
•
The “bottom up” approach consist of EU importer including criteria
in supply contracts
Recommendation for a strategy to consider
1. Narrow down the range of SVHC in the candidate list
by using the “ exclusion” approach
2. Consider 0.1% (trace amounts would normally not
exceed the threshold)
3. Consider when relevant the 1t/a threshold (substances
in articles requirement)
4. Exhaust options for obtaining information via your
supply chain
5. Only as last resort conduct targeted analysis
Determining whether the article contain
SVHC
 Be aware of the possibility to accumulate SVHC
through the production process
 If the exact concentration in the article is not known ,
a first screen may be performed on the basis of the
maximum amount or concentration in the article. If it
shows a concentration > 0.1% a more precise
determination of the SVHC amount or concentration
should be made
Excluding exposure for substances in
articles
Exposure can be excluded in the following situations:
 No release occur
 There is a release but the article is embedded during
use and the substance will not escape to the
environment or get into contact with humans during
use and disposal
Excluding exposure
include arguments based on:
 Knowledge of the article and its service life
 Knowledge on the substance properties
 Quantification based on exposure models
demonstrating no exposure during the life cycle and
disposal
 Measurements proving that no emission from the
article take place including during its disposal
It maybe more difficult and more expansive to “exclude
exposure” than making a notification to the Agency
Thank you for your attention
Adil ELMASSI
Director ENVIRONMENTAL AFFAIRS
EURATEX