REACH countdown enters last three weeks

The government has warned today that large numbers of companies could find themselves in breach of EU chemicals legislation from 1 December if they fail to pre-register any chemical substances they import or manufacture with the European Chemicals Agency (ECA)..

Under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) directive all firms manufacturing or importing over a tonne of chemical substances are required to register with the ECA as part of a Europe-wide audit designed to provide the groundwork for the future phasing out of hazardous substances.

Firms can reduce the cost and hassle of this registration process by pre-registering their chemicals ahead of the 1 December deadline. Those that fail to meet this deadline will have to suspend manufacture or import of their chemicals until the full registration process ifs completed or risk fines for breaching the directive.

However, while the majority of firms within the chemicals industry are believed to have largely completed the pre-registration processes fears are mounting that other importers of chemicals, such as IT and electronics firms, cleaning companies, hairdressers, construction firms and food manufacturers, are still unaware of the legislation.

Environment Minister Huw Irranca-Davies today urged all companies to check whether they are likely to be impacted by REACH. "Even if you don't think REACH applies to your business, check to make sure of that," he said. "Many businesses rely on chemicals without realising it, and missing the pre-registration deadline of 1 December will not help your businesses meet legal requirements."

A spokeswoman for Defra warned that those companies that fail to pre-register but continue to import chemicals could find themselves subject to fines.

Tim Jessel of REACH compliance advisory firm REACHReady said that it was difficult to estimate how many firms would find themselves in breach of the legislation as of next month.

"The European Chemicals Agency estimated that 200,000 firms would pre-register chemicals, but the figure now is that around 800,000 firms have already pre-registered," he explained. "So when it comes to how many should be pre-registered all bets are off – it is safe to believe that there are companies out there that should be pre-registered but won't be."

Smaller firms are at greatest risk of failing top comply with the legislation, according to Trevor Kilner associate director at green consultancy WSP Environmental, who argued that most larger companies had already been encouraged to pre-register tby their trade associations.

However, he warned that even companies that do not import chemicals themselves should be aware of the legislation. "It would be sensible to talk to your chemicals supplier and check that they are pre-registered and will be able to legally provide you with their products from 1 December," he said.

The warnings come just days after the ECA released its first list of chemicals it regards as potential "substances of high concern". If formally classified as being of high concern, the 15 chemicals - which include a range of cobalt and arsenic compounds as well as other toxic and carcinogenic substances - would be subject to tight restrictions on their use.