Actors
There are three main types of actors involved in the REACH processes: Industry, Authorities and Third Parties.
Industry
The role of companies under REACH is determined by the activity they carry out with a substance. The following types of industry actors can be distinguished:
- Manufacturers of substances: means any natural or legal person established within the EU who manufactures a substance in one or more Member States. Manufacturing means production or extraction of substances in their natural state.
- Producers of articles: means any natural or legal person established within the EU who makes or assembles an article in one or more Member States.
- Importers (of substances and articles): means any natural or legal person established within the Community who is responsible for import. Importing means the physical introduction into the customs territory of the European Union.
- Downstream Users may be any industrial user of chemicals, whether formulators of preparations (e.g. paint producers) or users of chemicals such as oils or lubricants in other industrial processes or producers of manufactured articles such as electronic components.
- Distributors.
All industry actors must respect restrictions rules and they can apply for authorisation if they wish to use substances of very high concern.
Companies dealing with chemicals may have more than one role under REACH, even for a single given substance.
Example : a company may use a substance which they buy from 2 different suppliers, one being inside the EU, and the other one outside the EU. This company is then a downstream user for the part of the substance sourced inside the EU and an importer under REACH for the imported part of substance.
In certain circumstances, companies may also appoint representatives under REACH to carry out certain obligations:
- Third Party Representatives: any manufacturer, importer, or where relevant, downstream user, may appoint a third party representative for certain tasks relating to data and cost sharing. The company nominating a representative retains full responsibility for complying with his obligations under REACH. The identity of a manufacturer or importer or downstream user who has appointed a representative will not normally be disclosed by the Agency to other manufacturers, importers, or, where relevant, downstream users.
- Only Representatives can be appointed by non-EU manufacturers/producers of substances, preparations or articles whose products are imported into the EU. They carry out the obligations of importers of substances from those non-EU manufacturers. Importers in the same supply chain are in this case considered to be downstream users. The only representative must have a sufficient background in the practical handling of the non-EU supplier’s substances and the information related to them. He must keep available up-to-date information on quantities imported and customers sold to as well as information on the supply of the latest update of the Safety Data Sheet.
As soon as REACH is implemented by the EEA EFTA-States, imports from Norway, Iceland and Liechtenstein will be considered as intra-Community trade for the purposes of REACH. Imports from Switzerland will be considered as imports from a third country. EFTA is preparing a proposal for an EEA Joint Committee Decision, incorporating the Regulation and establishing the conditions for the EEA EFTA participation in the Agency. The target date to have the Regulation incorporated is 1 June 2008. National transpositions will take place after that date.
Authorities under REACH
The authorities having obligations and rights in the REACH processes are the Agency (specifically set up for REACH), the Member States Competent Authorities and the European Commission.
The authorities carry out the evaluation, authorisation and restriction processes of REACH. In addition, the Agency and Member States will provide helpdesk assistance. Member States are responsible for enforcement under REACH.
Third Parties
Third parties under REACH include any private and public organisation (e.g. private individuals, public authorities, non-governmental organisations, companies providing input on dossiers they are not directly affected by, international organisations and non-EU countries).
Third parties do not have obligations under REACH but they may provide information to the Agency on substances and be part of a SIEF.
