Ask Dr Reach: Do paint producers have to register substances?
QUESTION:
Do paint producers have to register substances? The questioner is a small EU paint producer based in Portugal.
ANSWER:
‘Manufacturers’ and ‘importers’ of substances, whether on their own, or in preparations, must register these. Importers and producers of articles with substances that are ‘intended to be released’ must also register these.
Most paint producers, however, would primarily be considered as ‘downstream users’ and would not need to register substances, unless they are importing ingredients.
But it is possible for a company to have several different roles under REACH. For instance, in addition to being a ‘downstream user’ it may also be a ‘recipient of an article’ and a ‘supplier of an article’ e.g. of the container used to make and supply paint.
The ECHA Navigator explains the roles and responsibilities under REACH according to these terms http://reach.jrc.it.
See also guidance for ‘downstream users’: Chemical Watch toolkit
Of course, a company that manufactures a substance would be responsible for its registration. Registration applies per legal entity. Problematically, some companies think that ‘one substance, one registration’ means that if one company submits a registration then no other firm needs to. This is a fundamental misunderstanding of the regulation: Only certain core data should normally be submitted jointly. Sharing other types of data is optional, but there are also data that each firm must submit individually.
Look out for situations where a firm might find it has new responsibilities, for instance, becoming a manufacturer of a chemically altered substance that is formed by a reaction when making and using paint. This is different to creating a new preparation (or ‘mixture’) during formulation – e.g. change in colour or rheology due to variation in component concentrations. However, REACH exempts certain substances created incidentally. This could include changes during storage, final paint application or product drying.
As a downstream user, a paint formulator needs to consider how to ensure that its uses of a chemical are covered by its registrants. It has a right to communicate its uses of a chemical to its suppliers of ingredients to have these documented. Tools are being developed to help with this. But communication with upstream firms can trigger actions with legal implications, so it needs to be handled carefully.
In some cases, a downstream user may wish to report its own chemical safety assessment to ECHA, which could involve toxicological data-sharing and analysis.
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.
