EU round up – Downstream chemical paint formulators failing to follow REACH, says ECHA

12 November 2013

The majority of downstream chemical companies, including paint businesses, are failing to comply with the European Union’s (EU) REACH chemical control and CLP (classification, labelling and packaging) systems.

That is the conclusion of a study by the European Chemicals Agency (ECHA) into 1181 companies, 74% of which were chemical manufacturers, including businesses involved in "the preparation of paints and varnishes…”.

ECHA was disappointed in the results, which it said, "show that a significant number of downstream users still appear to be insufficiently aware of their obligations, as two thirds of the inspected enterprises were failing to comply with REACH/ CLP provisions.”

It noted that some companies "violated…core principles of REACH/CLP” because they "both unlawfully manufactured/imported substances or missed notifying substances to the [EU] C&L [classification and labelling] inventory”. It concluded: "Companies have to significantly increase their efforts to respect the applicable chemicals legislation.”

Drilling into the detail, the agency said smaller companies often struggled with information management: "Providing good quality information on the properties of chemicals downstream seem to be typical for smaller companies.” By contrast, larger companies often failed to register or notify substances with the authorities.

"Awareness and knowledge on REACH among smaller downstream user companies is sometimes very low or even non-existent. This is a matter of concern and should be monitored,” said ECHA, which said industry organisations needed to "focus on further knowledge-building within companies concerning REACH and CLP.”

One potential solution was improving the availability and quality of safety data sheets compiled by primary chemical producers, especially in different languages.
"Companies are encouraged to gain deeper knowledge through periodic consultation of the ECHA website and clarify their doubts regarding REACH and CLP obligations with helpdesks, ECHA or the competent authorities,” said the report.

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