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Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager Workshop on REACH and EU Biocidal Product Legislation in practice Impact.

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Presentation on theme: "Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager Workshop on REACH and EU Biocidal Product Legislation in practice Impact."— Presentation transcript:

1 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager Workshop on REACH and EU Biocidal Product Legislation in practice Impact of REACH on Serbian exporters of Textiles and Clothing

2 SERBIA Textile manufacturing (spinning, weaving, knitting, fabric production) Garment production Serbian Textile Industry imports dyes and chemicals, fabrics Raw materials from clients Exports: about 55% textiles, 45% final products Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

3 Whatever you manufacture is an ARTICLE REACH definition: an article is an object which during production is given a special shape, surface or design which determines its function to a greater degree than its chemical composition. For example, the design of a textile may be determined by the twist of fibres in the yarn, the weave of threads in a fabric and the treatment of the surface of the textile. Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

4 Any company carrying out: -Textile manufacturing (spinning, weaving, knitting, fabric production) -Garment production is a producer of articles using substances, mixtures or articles for its production. Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

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7 CURRENT SITUATION Serbian (Extra-EU) exporter vs EU importer of articles Four potential obligations for an EU importer of articles if specific conditions are met: 1.Registration of substances in articles intended to be released 2.Notification of SVHC substances in articles not intended to be released 3.Communication in the supply chain (Art. 33) 4.Compliance with restrictions of use (Annex XVII) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

8 SUBSTANCES IN ARTICLES The application of REACH provisions for substances in articles is a serious challenge for EU importers of yarns, fibres and grey fabrics as well as finished articles WHY? Lack of information on the production process and the corresponding chemicals input Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

9 COMPLIANCE with RESTRICTIONS ON USE OF SUBSTANCES (Annex XVII) -the use or content of substances in articles, imported included, can be restricted or banned -EU importers of articles have to follow the conditions outlined in Annex XVII of REACH from the 1 June 2009 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

10 ANNEX XVII RESTRICTIONS ON USE OF SUBSTANCES Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

11 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

12 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

13 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

14 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

15 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

16 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

17 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

18 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

19 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

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22 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

23 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

24 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

25 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

26 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

27 ANNEX XVII (following) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

28 Duty to Communicate Information on SVHC substances in Articles according to Article 33 Mandatory downstream provision for professional users Information has to be also provided to consumers upon request within 45 days It concerns SVHC present in the article in concentration above 0.1% (w/w) The obligation cannot be exempted via article 7(3) (exclusion of exposure) the obligation cannot be exempted via article 7(6) (already registered for that use) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

29 Duty to Communicate Information on Substances in Articles according to Article 33 IMPORTANT There is no tonnage trigger for this obligation The obligation applies from the date the SVHC has been included on the candidate list for authorisation The obligation apply also to articles which were imported before the substance was included in the candidate list and are supplied after the inclusion in the list Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

30 WHAT INFORMATION MUST BE PROVIDED Any supplier …. shall provide the recipient of the article with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance. Level of detail – not specified (normal or reasonably foreseeable conditions of use) Format – not specified, professional user/consumer (instruction for use/label – electronic/paper)

31 SVHC substances of interest for textiles & clothing SVHC substances with notifications of use in articles (ECHA 05/03/2012) - Alkanes, C10-13, chloro (Short Chain Chlorinated Paraffins) – fireproofing agents leather - Benzyl butyl phthalate (BBP) – plasticizer for PVC coated textile products and packaging materials - Bis (2ehtyl(hexyl)phthalate) (DEHP) – plasticizer for PVC coated textile products - Boric Acid – flame retardant - Diarsenic pentaoxide – preserving agent natural textile fibres - Dibutyl phthalate (DBP) – plasticizer for PVC coated textile products - Diisobutyl phthalate (DIBP) fabrics, textiles, apparel, leather - Hexabromocyclododecane (HBCDD) – flame retardant Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

32 SVHC substances of interest for textiles & clothing SVHC substances with information of use in articles in registration dossier but without notifications (ECHA 05/03/2012) Diaminodiphenylmethane (MDA) – aromatic amine, from azo-dyes textile products and leather - Bis(tributyltin)oxide – preserving agent for plastic polimers - Diarsenic trioxide – preserving agent natural textile fibres - Lead hydrogen arsenate – preserving agent natural textile products - Potassium Dichromate – wool dyes - Sodium dichromate – Chromium based dyes animal textile fibres - Triethyl arsenate – preserving agent natural textile products Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

33 SVHC substances of interest for textiles & clothing SVHC substances without information of use in articles in registration dossier and without notifications - 2-Ethoxyethyl acetate (2-EEA) – industrial textiles and dyes - 2-Methoxyaniline – intermediate in manufacturing azo-dyes, pigments and fragrances - Musk Xylene – fragrances - Arsenic acid – desiccant for cotton - Bis(2-methoxyethyl)ether – used in sealants and adhesives, paints and water-based dyes - Cobalt Chloride - production of pigments - Dichromium tris(chromate) – catalyst in the mordanting of yarns - Disodium tetraborate – flame retardant - N,N-dimethylacetamide (DMAC) – used in coatings formulations

34 13 New potential SVHC substances (27/02/2012) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

35 Calculation of 0,1% threshold If no component of a complex article contains above 0.1% (w/w) of a SVHC on the Candidate List, also the entire article does not contain it above 0.1% (w/w). If one or more components of a complex article contain above 0.1% (w/w) of a SVHC on the Candidate List, the producer/importer of the article needs to: 1. find out the concentration of the SVHC in each component and the mass of each component containing the SVHC [whether above 0.1% (w/w) or below] 2. calculate the mass of the SVHC in each of these n components 3. calculate the average concentration of the SVHC in the article and check if it is above 0.1% (w/w) Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

36 Calculation of 1t/a threshold If three different types of articles containing an SVHC substance are imported (A1, A2 and A3), the importer of the article needs to: 1.calculate the average concentration of the SVHC in each article and check if it is above 0.1% (w/w) 2.exclude the one(s) with SVHC < 0,1% [A1 = 0,02%, A2 = 0,5%, A3 = 1%] 3.calculate the total SVHC volume per year on the basis of the imported quantities of each articles involved (i.e. A2 and A3) 4.sum up the total volumes of SVHC and check if it is > 1t/a Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

37 Chemical analysis of substances in articles Substances contained in articles can be identified and their concentrations quantified by applying analytical methods; It may be an option to obtain information on the composition of articles (ok if an article consists of a homogenous material, but also for complex, small articles, shredding and testing of a sample might be a feasible approach); For certain articles (e.g. toys, shoes, textiles) it is even common practice to perform chemical analyses of materials used in the production or of final products. Such analyses performed routinely for checking of compliance with other legislation or product quality control can also serve to obtain information needed for compliance with REACH; Anyway, they may yield ambiguous results and/or be very costly and are thus not recommended as the preferred instrument for obtaining information Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

38 Difficulties related to chemical analysis Articles may be very complex and composed of different parts and materials. It is therefore difficult to create a sample for the analysis that represents the whole article; Substances that are included in the article matrix may have to be extracted from it (e.g. chemical reactions could create substances which do not exist in the article; extraction may not be exhaustive, the full content of substances in the matrix may not be obtainable); Various analytical methods are available to screen for the existence and identification of different substances in a sample [measurements in most cases will identify the chemical constituents in the sample but not necessarily the substance originally used to produce the article; some methods may show the existence of certain elements (e.g. halogens) rather than the existence of substances; etc.]. Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

39 Steps to be considered, when planning chemical analyses: -consult experts or sector information sources to narrow down which substances to look for (e.g. for many articles it can be excluded that gaseous substances are contained therein); -Develop a strategy for testing as a tiered process, i.e. broad screenings, narrow screenings and identification by e.g. semi- quantitative methods. -Identify which part(s) of the article to analyse: liquids, gases or powders contained in the article, extracts from the article matrix, article parts likely to contain a particular SVHC, etc. -Perform the chemical analysis for the identification of substances. Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

40 Information on SVHC substances: this could be done top down: -by certifying that SVHC are not used -collecting information from your suppliers -remaining under certain concentration range in articles the bottom up approach consist of EU importer including criteria in supply contracts narrow down the range of SVHC in the candidate list by using theexclusion approach consider 0.1% (trace amounts would normally not exceed the threshold) consider when relevant the 1t/a threshold only as last resort conduct targeted analysis Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

41 Determining whether the article contains SVHC Be aware of the possibility to accumulate SVHC throughout the whole production process If the exact concentration in the article is not known, a first screening may be performed on the basis of the maximum amount or concentration in the article. If it shows a concentration > 0.1% a more precise determination of the SVHC amount or concentration should be made Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

42 How to exclude exposure for substances in articles Exposure can be excluded in the following situations: no release occur there is a release but the article is embedded during use and the substance will not escape to the environment or get into contact with humans during use and disposal include arguments based on: knowledge of the article and its service life knowledge on the substance properties quantification based on exposure models demonstrating no exposure during the life cycle and disposal measurements proving that no emission from the article take place including the phase of its disposal Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

43 Substances in Annex XIV (Authorization) of interest for textiles & clothing Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

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47 Information on Substances in Articles to be supplied to EU Importers for notification according to article 7(2) Only when all conditions are met: the substances is included in the candidate list for authorisation [article 59(1)], i.e. it is a SVHC substance is present in all articles in amount totalling over 1t/a is present in the articles above 0.1% (w/w) [threshold is applied to an article as imported and not to its homogeneous parts (but remember the Authority dispute on this issue)] Notification is not requested if one of the following conditions is met: exposure is excluded (we advise against it) the substances has already been registered for the specific use Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

48 Information on Substances in Articles to be supplied to EU Importers for registration according to article 7(1) Two conditions must be met: intended release and total amount exceeds 1 t/a For calculations: 1.the total amount of the substances in all articles is taken into account 2.if more than one type of articles with intended release of that substance, the quantities in all articles have to be summed up 3.the substance does not have to be registered if already registered by an actor in the supply chain Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

49 To be considered for a release of substances from articles: accessory function (to be differentiated from the main function according to section 2.1) which is deliberately planned and would not be achieved if the substance were not released. E.g. scented clothes (children products) Normal conditions of use means the conditions associated with the main function of an article Reasonably foreseeable conditions of use mean conditions of use that can be anticipated as likely to occur because of the function and appearance of the article (even though they are not normal conditions of use). Example: in the case of a panty hose with lotion, the main function is to provide clothing. This main function is clearly unrelated to the lotion. The function of the lotion (skincare) is an accessory function, which would not be achieved if the lotion were not released. As a consequence, the panty hose with lotion should be regarded as an article with an intended release. Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

50 Search by document number Consolidated text

51 Packaging and containers -Importers of packaged articles have to fulfil the same requirements as for any other article, be it a carton or a plastic wrapping or other material. -In general no intended release from packaging materials is foreseen but they may be unintended release. -The packaging does not belong to the substance, mixture or article being packaged and is therefore to be considered as a separate article under REACH. -Packaging with different functions needs to be considered separately (e.g. if an article is directly wrapped in plastic and then packed in a cardboard box, the plastic and the cardboard box should be considered as separate articles). Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

52 NON-EU Exporters can play a fundamental role in facilitating the import process and reducing the work load -preparing/colleting information to be supplied to your EU Customers -document the results of their compliance checking with the requirements of substances in articles and information to consumers -if you have a quality management systems, you could incorporate REACH conformity as a criterion with a clear indication of how conformity will be secured and documented -you may establish good practice code with supporting documents including letters to importers, certificates, results of analysis etc. Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

53 Serbian Textile Industry imports dyes and chemicals, fabrics and receives raw materials from clients Information received/collected along your entire supply chain on the presence of SVHC substances is of fundamental importance in order not to face problems when exporting to the EU Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

54 FUTURE POTENTIAL SITUATION Serbian company = EU company producer of an article: means any natural or legal person who makes or assembles an article within the Community; importer: means any natural or legal person established within the Community who is responsible for import; downstream user: means any natural or legal person established within the Community, other than the manufacturer or the importer, who uses a substance, either on its own or in a mixture, in the course of his industrial or professional activities.

55 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager FUTURE POTENTIAL SITUATION (following) actors in the supply chain: means all manufacturers and/or importers and/or downstream users in a supply chain; supplier of an article: means any producer or importer of an article, distributor or other actor in the supply chain placing an article on the market (e.g. third party company, packaging/label supplier, retailer); recipient of an article: means an industrial or professional user, or a distributor, being supplied with an article but does not include consumers (e.g. any company receiving an article to be worked out);

56 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager Obligations according to Article 7 and Title VII Registration of substances if articles contain substances intended to be released (art. 7.1) Notification of substances if articles contain SVHC substances not intended to be released (art. 7.2) Authorization (Annex XIV)

57 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager Obligations in the supply chain ( Title IV) Article 33 Obligation of information on SVHC substances Article 34 Obligation of communication of new information upstream for substances and mixtures Article 35 Information to workers for substances and mixtures Article 36 Obligation of keeping documents for 10 years after last manufacture, import, supply or use of a substance/mixture

58 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager T/C Company importing articles (e.g. yarn/textile/button/finished suit) Registration of substances (art. 7.1): - NO, if there is no intended release of a substance - NO, if there is intended release of one or more substances but qty of each substance is < 1t/a - YES, if there is intended release of one or more substances, qty of each is > 1t/a and substance not registered for the same use - NO, if there is intended release of one or more substances, qty of each is > 1t/a and substance(s) have been already registered for the same use FEW EXAMPLES

59 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager T/C Company importing articles (e.g. yarn/textile/button/finished suit) Notification of substances (art. 7.2) - NO, if article does not contain any SVHC substances - NO, if article contains one or more of SVHC substances but each one in concentration < 0,1% p/p - NO, if article contains one or more of SVHC substances, each one in concentration > 0,1% p/p, but total qty of each is < 1 t/a - YES, if article contains one or more of SVHC substances, each one in concentration > 0,1% p/p, total qty of each is > 1 t/a and not registered for the same use - NO, if article contains one or more of SVHC substances, each one in concentration > 0,1% p/p, total qty of each is > 1 t/a and already registered for the same use

60 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager T/C Company importing articles (e.g. yarn/textile/button/finished suit) Restrictions – no differences with the current situation Authorizations – must comply with provisions of Annex XIV Information according to Art. 33 – SVHC substances - NO, if article does not contain or contains SVHC substances but in concentration < 0,1 % p/p - YES, if article contains SVHC substances in concentration > 0,1 % p/p - if YES, mandatory communication to professional users without waiting for their request - if YES, mandatory communication to consumers within 45 days but only upon their request

61 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager T/C Company manufacturing articles (e.g. yarn/textile/dyeing/printing/garment) and downstream user (e.g. third party manufaturer) Registration of substances (art. 7.1): - NO, if there is no intended release of a substance - NO, if there is intended release of one or more substances but qty of each substance is < 1t/a - YES, if there is intended release of one or more substances, qty of each is > 1t/a and substance not registered for the same use - NO, if there is intended release of one or more substances, qty of each is > 1t/a and substance(s) have been already registered for the same use

62 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager T/C Company manufacturing articles (e.g. yarn/textile/dyeing/printing/garment) and downstream user (e.g. third party manufaturer) Notification of substances (art. 7.2) - NO, if article does not contain any SVHC substances - NO, if article contains one or more of SVHC substances but each one in concentration < 0,1% p/p - NO, if article contains one or more of SVHC substances, each one in concentration > 0,1% p/p, but total qty of each is < 1 t/a - YES, if article contains one or more of SVHC substances, each one in concentration > 0,1% p/p, total qty of each is > 1 t/a and not registered for the same use - NO, if article contains one or more of SVHC substances, each one in concentration > 0,1% p/p, total qty of each is > 1 t/a and already registered for the same use

63 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager T/C Company manufacturing articles (e.g. yarn/textile/dyeing/printing/garment) and downstream user (e.g. third party manufaturer) Information according to Art. 33 – SVHC substances - NO (neither to receive nor to give) if article does not contain or contains SVHC substances but in concentration < 0,1 % p/p - YES (both to receive and to give) if article contains SVHC substances in concentration > 0,1 % p/p - if YES, mandatory communication to professional users without waiting for their request - if YES, mandatory communication to consumers within 45 days but only upon their request

64 Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager T/C Company manufacturing articles (e.g. yarn/textile/dyeing/printing/garment) and downstream user (e.g. third party manufaturer) Restrictions – no differences with the current situation Authorizations – must comply with provisions of Annex XIV Obligation to communicate upstream new information on substances and mixtures - Article 34 Information to workers on substances and mixtures - Article 35 Obligation of keeping documents for 10 years after last manufacture, import, supply or use of a substance/mixture - Articolo 36

65 Biocides – Treated Articles Planned replacement of Directive 98/8/EC with new Biocidal Products Regulation (Jan 2013?) Treated articles, including imported ones, may only contain EU- approved active substances and have to be labelled Examples: sleeping bags, sofas, smell-free socks, treated bed linen Question marks to be clarified: definition of primary function; relevant use; a claim is made, etc. A Concept paper for treated articles is under discussion Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager

66 Guido Bottini Tel / 17 THANK YOU FOR YOUR ATTENTION Belgrade – May 31, 2012 – Guido Bottini – Technology & Environment Area Manager


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