The recent notification from the European Commission,
requiring clothing manufacturers and importers to identify, quantify and
record the chemicals used in their products. These regulations came into force
last June. But companies only had until 1 December to complete the pre-registration
process and there are concerns that omissions will lead to delayed shipments
and reduced productivity.
Concerns have been raised that some chemicals of importance
to the clothing and textile industry might not have been pre-registered by the
1st December deadline of the European Union's REACH (Registration,
Evaluation, Authorisation and Restriction of Chemicals) chemical control
programme. Omissions could damage manufacturers' business, the European
Chemicals Agency (ECHA) has warned.
"Failure to meet this deadline means that a company
cannot continue manufacturing or importing the substance until they have
submitted a full registration dossier and paid the registration fee", an
expensive and time consuming task. If a company's chemical supply-including
dyes and scented chemicals- has not been pre-registered, then it is high time "to
remind their manufacturers and importers," said ECHA in a warning note
that contained this web link. To assist, ECHA had on 1 October released a list
of 37, 768 chemical substances already pre-registered to help downstream users
check that their supplies have been notified. The pre-registration process
involves the agency being given basic information about the product which will
be registered, such as a definition of the substance, how much is produced or
imported (roughly), and some contact details. Pre-registered chemicals still
have to be listed, but the process is relatively leisurely. This would follow
adequate risk assessments, with applications due by three deadlines, according
to the amount of these chemicals that a company uses. These deadlines are 30
November 2010, 31 May 2013, and 13 May2018.
Onus on chemical importers and textile manufacturers
A spokesperson for the Association of Suppliers to the
British Clothing Industry (ASBCI) spelt out the risk with clarity: "Although
the onus is on the manufacturers it is also on the first company who brings
that chemical into the European Union. For those who import the chemicals, REACH
could have a devastating impact on their business if they haven't pre-registered
the chemicals."
The British Apparel & Textile Confederation is also
concerned that a clothing and textile manufacturer might fall foul of REACH if
it "decides to use a chemical product outside the intended use defined by
the supplier" in its pre-registration note. If it does, "then the
downstream user will have to pre-register and then produce a chemical safety
portfolio, including risk exposure scenarios for both health and safety and the
environment." The Confederation warned: "This registration process is
... expensive. It is, therefore in the interests of the individual processors
to continue to use dyes and chemicals only in the way defined by the
supplier."
Complex law
A significant problem is that REACH is very complex and
comprehensive probably the most complex law devised by the EU, which is not
known for its legislative simplicity and simply, a lot of companies do not
fully understand its demands and duties.
The ASBCI has created a special REACH forum to help its
members (from brand owners, to retailers, dye and chemical manufacturers) get a
handle on the system. The forum will also try to agree an industry standard
approach in dealing with REACH. ASBCI Company Secretary Stephanie Ingham said
her organisation was "very aware of the extremely variable degree of
understanding of REACH within its membership" and that concerns about the
programme's impact have been "raised by several ASBCI members". The
organisation's spokesman outlined one such area of confusion: "Items such
as fabrics containing perfumes." The odours are intended to be released
otherwise the item does not fulfill the intended function, but the supply
chain will need to be able to demonstrate that the chemicals used to create the
perfume are safe," he stressed.
Another example of difficulties was highlighted by Peter
Watson, Business Support Officer for Britain's East Midlands Textiles
Association. He related: "We had an enquiry from a non-member who was
importing babies' hats from Bali, who was concerned about whether he needed to
have the garment tested."We mentioned the REACH legislation regarding
chemicals and he wasn't aware of it. This I feel may be the case with many
importers, all we can do is to keep promoting knowledge of its implications to
our members."
