Ask Dr REACH: How can one interpret "process gases and components thereof"
QUESTION:
How can one interpret "process gases and components thereof" as it appears in point 7 of the REACH Regulation Annex V? The questioner represents a large chemical producer in Poland.
ANSWER:
Annex V exemptions to registration include some naturally occurring substances that are not chemically modified, regardless of their classification. Specifically, paragraph 7 states: "The following substances which occur in nature, if they are not chemically modified. Minerals, ores, ore concentrates, cement clinker, natural gas, liquefied petroleum gas, natural gas condensate, process gases and components thereof, crude oil, coal, coke."
It specifies that process gases can be regarded as naturally occurring substances, even though they are the result of manufacturing. However, a process gas must still meet the definition of ‘not chemically modified’. Therefore, some process gases will not be exempt from registration.
The phrase ‘components thereof’ requires each component to be considered individually. Some may be exempt while others may require registration as substances – perhaps some are not chemically modified but others are. Alternatively, part of a gas may be separated or added through chemical modification while other components remain unmodified.
REACH guidance on identification and naming of substances distinguishes products that can be considered as single substances but which comprise many constituents. It is important to check whether different components that make up a product can be considered as constituents and vice versa.
Further clarification from regulatory and industry groups in such areas would be welcome. Of course, as noted above, Annex IV and V are still subject to review.
Dr Steffen Erler
Legal Disclaimer: The information contained in this communication follows a technical interpretation of REACH to serve as a thought-starter for discussions; it does not constitute legal or any other form of advice. Note that technical aspects are subject to review and references should be checked for updates. The legal text of the REACH Regulation must serve as the basis for REACH compliance and it may be advisable to seek legal and/or other expert advice on any given issue. The author and Chemical Watch accept no liability whatsoever with regard to the use of information contained in this communication.
