Agreements made on revision of Annex II of REACH

Updates have been made to Annex II of REACH to further compliment the UN Globally Harmonised System (GHS) regarding classification, labelling and packaging (implemented via CLP in the EU). As well as new deadlines, the surrounding commercial implications of REACH registration numbers and the inclusion of surface chemistry has also been discussed.

All changes require approval by European Council and European Parliament, but are a good indication of things to come. It is expected that the official agreement will be available in February 2010 and should be read in full by anyone to whom it applies.

Changes to safety data sheets

In the changes to Annex II of REACH, two deadlines have been agreed. The first of these being 2 December 2010. From this date, all sections of safety data sheets will have to be populated. Where information is absent, companies will need to state that this information is not available. Sections that are populated with information, will need to be done so with the use of CLP or the old Dangerous Substances and Preparations Directives.

The second deadline outlined in the changes is 1 June 2015. This is to coincide with the CLP Regulation deadline for mixtures. From this date, all safety data sheets will need to be updated or re-authored to include information on mixtures. Section 2 and 3 of the safety data sheet will also need updating by those who do not have REACH compliant safety data sheets.

For substances or mixtures that do not require reclassification under CLP, existing safety data sheets will be valid until 30 November 2012 for substances, and 31 May 2017 for mixtures. However, the safety data sheet must comply with Article 31.9 of REACH.

Nanomaterials and surface chemistry on safety data sheets

On the subject of safety data sheets, surface materials such as nanomaterials has also been discussed. Section 9 of a safety data sheet (which provides information on physical and chemical properties) may need to include information on the surface chemistry of substances such as nanomaterials. Would this have implications on surfactants? Some safety data sheets already include this information but there is potential for this to become mandatory. Guidance on safety data sheets will be issued in due course.

Concerns over REACH registration numbers

There has been discussion for quite some time about the commercial concerns over publication of REACH registration numbers. It has been suggested that a practical solution to this sensitive subject is to exclude the last four digits of the registration number. This would make the manufacturer or importer unidentifiable. If this was to be the case, an extended safety data sheet with information on manufacturers or imports will need to be available under certain circumstances and presented to enforcement authorities on request.

However, full registration numbers will still need to be provided to tier one customers.