LIFE 13 ENV/IT/00849

Report 4

Report 4 – The REACH Regulation and its impacts on the Supply Chain

One of the main concerns that led to the development of the REACH Regulation was the need for a better and clearer allocation of responsibilities along the Supply Chain. Indeed, there are relevant problems in establishing liability in relation to the marketing and use of dangerous substances and ensuring that producers assume responsibility for their products. Connections between cause and resulting damage could not be made in the absence of adequate test data on the effects of substances. inREACH has been designed in order to provide a common Framework and simple scalable tool to ease REACH/CLP implementation for imported goods. Indeed, REACH/CLP Enforcement related to imported goods is, as of today, upscalable and improvable.
In a focused “After-Life view” the inREACH Framework will foster REACH/CLP compliance and information management implementation for imported goods also by allowing better transits through EU main access points. To do so, a great amount of information on chemical substances has to be provided by importers and transferred through the Supply Chain as requested by the Regulation. Therefore the aim of this Specific Report is related to:

  • definition of the main subjects involved throughout the Supply Chain in terms of Goods and/or Information management, evaluation and delivery from Extra-EU to the European Economic Area (EAA);
  • process analysis of workflows and actual ICT Tools involved over the Supply Chain of Chemicals which are impacted by REACH/CLP Regulations implementation in terms of current situation (as is) and future implementation/improvement (to be) (also Critical Issues and RoadMap proposals.

From this analysis a lot of issue emerged, recognized also by the Stakeholders during the meetings that occurred in this phase of the project. The 5 major critical issues encountered, can be summarized as follows:

CRITICAL ISSUE

  1. REACH Regulation does not foresee explicitly the definition of a proper role for Customs with impacts on procedures, operations and responsibilities allocation over the Supply Chain
  2. Classification based on Harmonized Systems (HS), Combined Nomenclature (CN), TARIC Goods Code, is not fully compliant with the definition of substance/mixture/article in REACH Regulation
  3. Traders: import of substances exploiting a unique registration number used to access different Member States market
  4. Pre-registration number and Customs: from a theoretical point of view they may be not allowed to ask for specific information about it
  5. Customs Clearance: avoiding problems and delays given by REACH non-conformity at EU border control level