Contaminated products for consumers: will REACH improve the situation? | Schadstoffbelastete Erzeugnisse im Verbraucherbereich: Wird REACH zu Verbesserungen führen?

Aim and Background Currently, the protection from hazardous substances occurring in consumer articles is often insufficient. In this paper, we discuss whether this situation will improve relevantly in the course of the implementation of the new European regulation on chemical substances (REACH). Changes under REACH may be heterogeneous. Therefore, differential effects depending on the tonnage as placed on the market, on the amount of substances contained in an article, and depending on timelines and exemptions for meeting the legal requirements, are discussed in this paper, together with a presentation of some uses of substances serving as examples.Discussion and Conclusions If substances are adequately registered, all identified and supported uses including their use in articles should be assessed. Therefore, where the full implementation of the registration conditions applies a substantial improvement may be expected due to REACH. Usually, producers or importers of articles are not required to register substances contained in these articles. Instead, the manufacturer or importer of the respective substance is usually responsible for registration, if exposure to the substance cannot be excluded and emission of the substance from an article is not the intended purpose. This may differ for substances intentionally released from articles. Additional obligations for substances not intentionally released mainly apply to substances of very high concern (SVHC). For the latter, the producer or importer of articles has to notify the European Chemicals Agency (ECHA) on the occurrence of the respective SVHC in articles. This information is important, especially because substances in imported articles may not be registered in advance.Authorisation within REACH is a very far reaching and effective tool of the legislation. However, authorisation is not required for SVHC imported as components of articles. Therefore, one main effect intended by REACH, i. e. the substitution of SVHC, may possibly be undermined by importers of SVHC in articles.Restrictions, as specified in Annex XVII of REACH, offer a powerful opportunity to improve health and environmental safety with respect to hazardous substances. We support an extended understanding of what is defined as a “substance of concern” in the context of restrictions. This definition should be broader than just what is currently covered by the term SVHC. Consequences of restrictions may equally apply to European producers and importers of articles from outside of Europe, which contain such substances of concern.Another instrument currently closely linked to SVHC (in its more restricted definition), is the obligation of the producer or importer of articles to provide information according to article 33 (REACH). The downstream recipient of an article has to be informed on the content of SVHC in this article and how its safe use is ensured. Warehouses, wholesalers and other traders may therefore be aware of the SVHC contained in articles and may look for substitutes without such ingredients. Also, consumers may request this information on SVHC (just provided on demand) and are thus enabled to decide to buy other articles with less hazardous properties.