Manufacturers and importers are advised to check in with a new ECHA document to verify compliance with updated European chemicals regulations.
The legislation follows a September 2015 ruling by the European Court of Justice that brought about regulations relating to chemical content in goods. Those goods affected and indeed flagged up in the document include bicycles and components such as tyres, among other goods.
For clarification on the importer’s role, the document states: “The importer imports bicycles and therefore he must be considered importer of handlebar grips, tyre inner inflatable tubes (including the flexible rubber doughnutshaped tube), painted metal frame and tyres.”
The courts judgement outlines:
1. Article 7(2) of the REACH Regulation must be interpreted as meaning that, for the purposes of application of that provision, it is for the producer to determine whether a Candidate List substance of very high concern, is present in a concentration above 0.1% weight by weight of any article it produces and, for the importer of a product made up of more than one article, to determine for each article whether such a substance is present in a concentration above 0.1% weight by weight of that article.
2. Article 33 of the REACH Regulation must be interpreted as meaning that, for the purposes of application of that provision, it is for the supplier of a product one or more constituent articles of which contain(s) a Candidate List substance of very high concern in a concentration above 0.1% weight by weight of that article, to inform the recipient and, on request, the consumer, of the presence of that substance by providing them, as a minimum, with the name of the substance in question.
Training of REACH inspectors has reportedly taken place, presumably meaning that goods inspection will take place in a bid to enforce the legislation.