ASD Sectoral Guidance for Substances in Articles under REACH

  • November 15, 2017

November 2017 - ASD provides a single platform for the development of joint positions for the industries it represents. In this context, ASD also gives voice to the industry in matters related to REACH, i.e. Regulation (EC) No. 1907/2006 which concerns the Registration, Evaluation, Authorisation and Restriction of Chemicals in the European Union. REACH aims to improve both the availability of information on chemicals and the risk management associated with those chemicals. One provision of the REACH regulation is related to substances of very high concern listed on the REACH candidate list (hereafter: CL SVHCs) when contained within articles. The duty of Article 33(1) and Article 7(2) - to report on the presence of such substances in delivered articles - has led to many questions and different interpretations across the EU, especially with respect to thresholds of reporting related to complex objects (CO) (which are assemblies of multiple articles).

A judgment by the European Court of Justice (CJEU), [case C-106/14] in September 2015 determined that CL SVHCs are reportable for assemblies if they are present greater than 0.1% weight by weight (w/w) in any component article of that assembly. This principle is often referred to as ‘Once An Article, Always An Article’, or O5A. Whilst the principles of the judgment are supported, there remain a number of questions as to how to fulfil the clarified obligations. The explanations proposed in the latest version of the European Chemical Agency (ECHA) Substances in Articles Guidance (ECHA-17-G-19-EN) from June 2017 does not provide sufficient guidance when highly complex assemblies comprising thousands of component articles - like aircraft, spacecraft, land or naval based platforms - are to be reported upon.

ASD has therefore developed the present sector specific guidance in order to support the A&D industry in complying with the existing obligations and with the aim to ensure that the objectives of REACH Article 33(1) and Article 7(2) are achieved in a consistent and pragmatic way.

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