Applicability

The Regulation regulates the production, trade and application of chemicals on their own, in preparations and articles, thus being of relevance for a large number of industrial and commercial companies. Manufacturers who produce raw materials for paints, industrial users who formulate the paints and the painters who use them commercially are, for example, all affected to varying degrees by the REACh requirements.

 

 

Certain chemicals are exempt from the REACh Regulation. These include waste, non-isolated intermediates, radioactive substances as well as materials subject to customs supervision. Neither does the Regulation apply to the carriage of dangerous substances nor dangerous substances in dangerous preparations by rail, road, inland waterway, sea or air.

 

 

In addition, further exemptions apply regarding the application of individual Titles of the REACh Regulation for certain substances, e.g. for such substances that are already covered by other EU legislation. For example, substances contained in food and fodder and in medicinal products for human or veterinary use are exempt from the provisions of Title II “Registration”, V “downstream users”, VI “Evaluation” and VII “Authorisation”. In Annex IV and V of the REACh Regulation further substances are listed which are exempt from certain Titles as these represent only a minimal risk (e.g. natural substances, such as sugar, fats, oils) or because their registration is deemed unnecessary (minerals, ores etc.).

 

Furthermore, new substances which have been registered in accordance with EU Directive 67/548/EEC are also regarded as having been registered. This applies to chemical agents and co-formulants in pesticides and biocides.

 

 

For example, safety data sheets must be compiled for substances used in feedstuffs and food and these have to be provided to the recipient of the substance as specified in Title IV “Information in the Supply Chain” of the REACh Regulation.