• REACH and Special Cases Release time: 2016-7-27 View: 2171
  • REACH and Special Cases

    Nanomaterials and Interfaces with other legislation
    Nanomaterials and nanotechnologies offer major technological breakthroughs but safety concerns have attracted attention. The European Commission has undertaken a systematic analysis to determine how REACH and other EU legislation ensure the safe use of nanomaterials. Nanomaterials are similar to normal substances in that some can be toxic while others are not. Possible risks are related to specific nanomaterials and their specific uses.

    The Commission is conducting an impact assessment of regulatory options, in particular possible amendments to REACH Annexes, to ensure further clarity on how nanomaterials are addressed and safety demonstrated in registration dossiers. 

    REACH and waste materials

    Waste is not considered a substance, mixture, or article under REACH and most obligations do not apply to waste. REACH requirements do apply to recovered materials once they are no longer be considered waste however.

    There is also an obligation to share information in the supply chain to manage the risks of chemicals in the waste lifecycle stage. This is to clarify the status of recovered materials and to describe the conditions under which recovered substances could still be considered waste.

    Once recovered substances cease to be waste, they are again subject to REACH obligations but they can benefit from exemptions.

    Hazardous substances in electrical and electronic equipment
    A Directive (2011/65/EC) on the restriction and use of certain hazardous substances in electrical and electronic equipment (RoHS) was established in 2011. Furthermore, a Common Understanding paper has been prepared with a view to achieving coherence in relation to risk management measures, adopted under REACH and under ROHS.

    The common understanding paper is based on the premise that, as regards product-specific legislation on electrical and electronic equipment, RoHS should be given priority in addressing risks pertaining to the use of substances in EEE.

    Persistent Organic Pollutants (POPs)
    The Stockholm Convention on Persistent Organic Pollutants (the "POP Convention") requires:

    •the prohibition and/or elimination of the production, use, import, and export of chemicals listed under Annex A; 
    •a restriction of the production and use of chemicals listed in Annex B.
    Proposals may be submitted for listing chemicals in Annex A or B.

    A protocol on a convention for long-range trans-boundary air pollution on persistent organic pollutants (the POP Protocol") has the same objective and similar mechanisms. The EU is a party to both international instruments.

    The POP Convention and POP Protocol are implemented in the EU by means of Regulation (EC) No 850/2004 (the "POP Regulation").

    A Common Understanding paper has been prepared, which examines the relationship between the POP Convention, the POP Regulation and REACH, with regards to restrictions and authorisation requirements.