End-of-Waste and REACH – out of the frying pan and into the fire?
SOURCE: CIWM, JULY 2008
As the new EU chemicals policy, REACH, enters into force it has become apparent that there may be unintended impacts on those who fully recover waste.
Waste is not considered to be a substance, preparation or article within the meaning of REACH, and as such waste is exempt. However, operators who have cleared the end-of-waste hurdle may find that they must then register the recovered substance resulting from their waste treatment process, unless the same substance, with the same chemical identity as the recovered substance, has been registered by another party.
The implications of falling under REACH are significant, with the first element that will hit businesses being the pre-registration process. The new European Chemicals Agency (Echa) has already bemoaned the widespread lack of knowledge throughout the EU on this procedure, which allows companies to enter a phased registration period, rather than being forced to register their substances in full by December 2008, by submitting data on safety and risk management.
With this in mind, WRAP and the EA are advising waste recovery companies to pre-register their recovered substances. Meanwhile differing stances are being taken by industry groups, with some stating that their products are not “substances preparations or articles” for REACH purposes, and others taking the more precautionary approach of preparing to pre-register or seeking to confirm their exempt status. One thing is clear - REACH and its potential impact on waste-derived products cannot be ignored.
AUTHOR: Vincent Brown
Complete the details below to send a link to this page to a friend.