REACH & Supply Chain. Dr Chris Eacott Stewardship Solutions. June 14th Workshop Centro Reach

Transcription

1 REACH & Supply Chain Communication Dr Chris Eacott Stewardship Solutions June 14th Workshop Centro Reach

2 Basic REACH dynamics REACH Chemical producer Chemical distributor Formulator / Article maker Retailer extended SDS! product use descriptions

3 In reality a web

4 Who is? EU Manufacturer of: chemical substances preparations (downstream user) articles Importer (from non-eu territories) of: substances preparations articles Or most likely, a combination of two or more roles? Your role(s) determine your Supply Chain Communication obligations be clear what they are; remember that OR involvement changes them

5 Map roles & issues ROLE EXAMPLES OF CURRENT ISSUES * EU - substances EU - preparations / DU EU - articles Importer - substances Importer preparations Importer - articles Valid pre-regn/regn, CLP SDS + ES, CLP Notfns Valid ES for your product uses, implementing RMMs, own CSA, mixture ESs 0.1% SVHC Valid registration, CLP SDS, group/indiv. CLP Notfn Valid registration, CLP Notfns 0.1% SVHC * OR involvement changes/complicates matters! SDS = Safety Data Sheet ES = Exposure Scenario CSA = Chemical Safety Assessment SVHC = Substance of Very High Concern CLP = Classificn, Labelling & Packaging

6 Indirect-imports: be aware Formulator Manufacturer Registrant Downstream User Registered OR Formulator Importer? Company OR EU Substance registered BUT Non-EU manufacturer declines to cover his EU indirect imports EU formulator is using noncompliant substance Get free article:

7 Quick sanity check! How are you feeling? OK? Confused? enjoy the experiment consultant colleague Evidence of duty of care is important, and should help if non-compliance is discovered

8 Case study 1: major importer (retailer) Article producer EU Formulator OR Consumer Manufacturer Registrant Downstream User Article producer Retailer (distributor) Formulator ( branded ) OR = Only Representative Article producer Retailer / Importer

9 Case study 1: major importer (retailer) PRIORITY ISSUES & SUPPLY CHAIN RESPONSES 2018 registration of 150 own-brand substances (est. > 3m. Euros) > strong push-back onto suppliers to conduct registrations (pending) SVHC in articles; no substances above 1tpa (Excel questionnaires) > obvious errors in data from some suppliers: targeted questions CLP Notifications of 100 hazardous substances > accept obligation & cost; no supplier communication Existing supplier communication database unable to cope with REACH > exploring long-term workability; alternative system may be necessary Supplier ignorance & passivity > direct training & written guidance/ instructions; contractual penalties for non-compliance High product turnover frequent REACH compliance reviews > buyer training (ie internal communication leading to better supplier communication)

10 IT as a solution? Comply! DATA INPUT Usually driven by top-of-supplychain actor Faster & accurate communication; reaches further into supply chain (potentially) Many IT players emerging risk of multiple inputs in different systems Supplier-subscription models becoming popular (shared cost) REACH management via IT almost unavoidable in future

11 Case study 2: Formulator EU Formulator OR Manufacturer Manufacturer Formulator Imptr DU Registrant Downstream User OR = Only Representative OR

12 Case study 2: Formulator PRIORITY ISSUES & SUPPLY CHAIN RESPONSES Import of formulated products (eg lubricants) where refusal to disclose substance identities (eg in additives) > request supply chain partners to use emerging tracking systems e.g CODE, ATC-DRC? Valid registrations > request proof of pre-registration/registration letters Exposure Scenarios > challenge uses or practical/technical content of ESs personal contact

13 Questionnaires -1 CEFIC: Messages to communicate in the supply chain - Jan 2011 Suppliers of articles will also inform on the presence of SVHCs above 0.1% in an article to their customers There is no need for downstream users to request statements from suppliers about the absence of SVHCs. Relying on the existing supply chain communication channels (such as the SDS and Article 33 information) allows companies to comply with all the downstream user obligations related to substances in the Candidate list. Is this stance realistic? Why are there so many eg. SVHC questionnaires?

14 Questionnaires -2 Q: Why are there so many supplier questionnaires and other checks? It s a question of trust I have been in contact with my European laboratories and suffice to say we are very much on the back step with this and we have not received the support from the respective agents. - large international EU formulator/ importer of 2010 SVHCs Questionnaires raise awareness and the performance of weak suppliers, imperfect as they may be. BUT take time to prepare them well

15 Some practical steps

16 1. Map your supply chains

17 2. Identify your role(s) & related issues

18 3. Prioritise your issues (business risk)

19 4. Decide how you will communicate and when Regularly review effectiveness of communication mechanisms

20 5. Train when necessary Sales teams Buyers Customer services Senior managers Store personnel (retailers) etc.

21 6. Develop effective management processes PROCESS ISO Compliance Manual Issues Matrix (operational) OUTPUTS Compliance framework: policies, planning, roles, communication etc Issue > Who, what, how? Targeted supply chain compliance-documents Library of position statements etc + regular review of perfomance

22 7. Take action on identified weaknesses / non-compliance In general, try to work with supply chain partners to resolve issues many are struggling and (communication) processes are still evolving

23 8. Plan for continual improvement Include Supply Chain Communication issues in REACH review meetings be prepared to try new processes

24 Thank you Dr Chris Eacott Stewardship Solutions Ltd, UK t: +44(0) e: w: Compliance Challenges Stewardship Solutions