REACH

The REACH Regulation, which came into force on June 1, 2007, marks a fundamental reform of European chemicals legislation. REACH regulates the registration, evaluation, authorization and restriction of chemicals. The European Chemicals Agency (ECHA) was created in Helsinki to oversee implementation of the REACH program.

From June 1, 2008, there has been an obligation to register chemical substances. From June 1 to December 1, 2008, producers and importers had to pre-register all existing substances (phase-in substances), some of which have been on the European market for decades, with the ECHA. Under the REACH legislation, Henkel, as a formulator, is mainly a downstream user of chemicals. However, Henkel is also an importer and producer of chemicals. As such, Henkel has pre-registered all produced or imported phase-in substances. In its dealings with the ECHA, Henkel AG & Co. KGaA acts as the legal representative of all Henkel companies in Europe, including the National Starch businesses, and has carried out centrally all pre-registrations needed to ensure that it can continue to conduct its business.

The next step on the way to the registration of a substance is the formation of a Substance Information Exchange Forum (SIEF). The purpose of the SIEF is to foster the exchange of already available information and data on the safety of the chemical substance among all potential registrants. This is intended to avoid unnecessary and costly testing of substances. Henkel toxicologists and ecotoxicologists are now intensively involved in the preparations for the SIEF.


GHS

As a second milestone, on September 3, 2008, the European Parliament approved the regulation on the classification, labeling and packaging of substances and mixtures (the CLP Regulation). The existing European legislation on hazard classification, labeling and safe packaging of chemicals will therefore be largely replaced by the United Nations’ Globally Harmonised System of Classification and Labeling of Chemicals (GHS). The GHS is a result of the UN environment summits of Rio de Janeiro in 1992 and Johannesburg in 2002. Its aim is the global harmonization of regulations for greater safety in international trade and in the handling of chemicals and chemical products.

After New Zealand and Japan, the European Union (EU) is the first major economic region to integrate the GHS systematically into its legislation. There are signs that numerous countries will follow their example, initially in the Asia-Pacific region. As a globally operating company, Henkel welcomes this. Henkel experts have been observing the development of the GHS from its very beginning. In particular, Henkel has successfully advocated the meaningful application of the new labeling obligations to consumer products in the area of laundry detergents and household cleaners. In the EU, the hazard and precautionary labeling of chemicals will be adjusted to the new regulation by 2010 and that of chemical products by 2015.