Applicability of REACH for leather and leather products including footwear

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Applicability of REACH for leather and leather
products including footwear
Obligations of Indian Leather Exporters

• Dr. Rashmi Naidu,
• General Manager (Technical Services)
• REACH Support

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Contents

• About REACH Supports association with REACH
• Leather exports implicated under substance in
  articles
• REACH and Indian Leather Footwear exports to
  Europe
• Substances of very high concern (SVHC) used in
  leather manufacturing
• Obligations on Manufacturers and Exporters of
  Articles
• List of 15 SVHC substances released by ECHA
• Notification requirements and procedure of SVHC
  substances
• Timeline for Notification
• Information for Communication
• Articles Authorization
• Articles Restriction
• Helpdesk Only Representative Services

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REACH Support

• REACH Support is a professional organisation of
  20 full time professionals and several other part
  time based professionals.
• Operating with REACH Issues since 2002
• Studies comissioned by EU on various EUs product
  based policies and implications on Indian
  exporters
• www.aceepr.org
• www.reach-support.com
• Prepared Studies for CHEMEXCIL / MoCI on REACH
  and its prepardness (WTO issues)
• Over 30 events organised in cooperation with CII,
  ICC, CHEMEXCIL ATIRA CLE, etc.
• Provided training and one to one consultation to
  over 300 companies till date.
• Represents over 8500 substances of 800 companies
  from 12 countries in REACH Compliance

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Substance in Article within REACH
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What is an Article

• "Article means an object which during production
  is given a special shape, surface or design which
  determines its function to a greater degree than
  its chemical composition"
• E.g. Furniture, leather jackets, shoes, vehicles,
  books, toys, kitchen equipment and electronic
  equipment.

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Leather Products- Subs in articles
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Impact of REACH on Indian Footwear Exports to
Europe
Indian Footwear Industry Footwear sector -
significant segment of the Leather Industry
India is the second largest global producer of
footwear after China Over 80 of Indias Export
of Footwear is to the European Countries and the
USA
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Substances of Concern used in Leather Processing

• Some chemicals of concern commonly used in
  Leather Industry
• PCP (Pentachlorophenol)
• Hexavalent Chromium
• Azo Dyes (banned in Europe)
• Resorcinol Dyes
• Formaldehyde

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Obligations for Manufacturers and Exporters of
Article

• REACH is the regulatory framework that governs
  Registration, Evaluation and Authorization of
  chemicals within Europe.
• It aims to ensure high level of protection of
  human health and environment.
• REACH strengthens the responsibility for chemical
  safety within the supply chain.
• Article 7(1)
• Manufacturer of articles has to register a
  substance in case that the substance is included
  in his products in a tonnage above 1000kg/a and
  the substance is intended to be released under
  standard operation and foreseeable conditions of
  the product.

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Registration of Substances in Articles

• Substances in articles, gt 1 tonne/yr intended
  to be released require Registration
• Articles with Substances of Very High Concern
  (SVHC are CMR Cat 1,2, PBT, vPvB, or endocrine
  disrupters) having gt0.1 wt/wt gt1 ton/yr,
  require Notification to European Chemicals Agency
  (ECHA)
• Manufacturers and Exports should check the
  presence of SVHC substances in materials obtained
  from their suppliers

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List of 15 SVHC released by ECHA

• Anthracene used as tanning agent
• 4,4'- Diaminodiphenylmethane component of some
  azo dyes
• Dibutyl phthalate phthalate plasticizer
  artificial leather
• Cyclododecane
• Cobalt dichloride
• Diarsenic pentaoxide
• Diarsenic trioxide
• Sodium dichromate, dihydrate raw material
  tanning
• 5-tert-butyl-2,4,6-trinitro-m-xylene (musk
  xylene)
• Bis (2-ethyl(hexyl)phthalate) (DEHP)
  plasticizer for soles
• Hexa bromo cyclododecane (HBCDD)
• Alkanes, C10-13, chloro (Short Chain Chlorinated
  Paraffins) leather additive for imparting
  smoothness
• Bis(tributyltin)oxide
• Lead hydrogen arsenate
• Triethyl arsenate
• Benzyl butyl phthalate - artificial leather

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Timeline for Notification

• For substances included in the SVHC list before 1
  December 2010, the notifications have to be
  submitted not later than 1 June 2011
• For substances included in the SVHC list on or
  after 1 December 2010, the notifications have to
  be submitted no later than 6 months after the
  inclusion

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List of Substance for Authorisation

• Out of the 15 SVHC substances 7 substances are
  listed for Authorisation with ECHA
• 5-tert-butyl-2,4,6-trinitro-m-xylene (musk
  xylene)
• 4,4 Diaminodiphenylmethane (MDA)
• Alkanes, C10-13, chloro (SCCP)
• Hexabromocyclododecane (HBCDD) (and all major
  diastereoisomers identified, i.e a, ß and
  ?HBCDD)
• Bis(2-ethylhexyl)phthalate (DEHP)
• Benzyl butyl phthalate (BBP)
• Dibutyl phthalate (DBP)

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Articles and Authorization
Substances in articles are not subject
to authorisation The process of incorporation of
substances into articles may be subject to
authorisation Only relevant for EU article
producers Misunderstanding by many article
producers is that substances in articles can be
subject to authorisation.
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Articles and Restriction
Substances in articles may be subject
to restriction Also the process of incorporation
of substances into articles may be subject to
restriction Advise on the substitution of
chemicals for application where the chemicals
are to be phased-out Only relevant for EU
article producers
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Only Representative (OR) Services

• Non-EU producers of articles will have
  to appoint an Only Representatives to fulfill
  all obligations of the importers of their
  articles into the EU.
• In this case, Only Representatives shall fulfill
  all obligations for substances in articles,
  including
• Pre-registration and Registration of substances
  with an intended release X
• Notification of Substances of Very High Concern
  on the candidate list
• Provision of information and
• Ensuring compliance with any restrictions

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Information for Communication
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Conclusion Obligations of Indian Exporters of
Articles within REACH

• Assess whether there will be an intentional
  release
• No (Pre-registration/Registration requirements
  do not apply
• If no intentional release, assess for the
  presence of SVHC
• Yes (Estimate quantity of the substance in
  article and if and all the 3 earlier defined
  criteria are fulfilled, Notification requirements
  apply
• Supply chain communication between processors of
  raw hides, tanners, leather finishers is vital
• If it can be technically proved that SVHC not
  present, self certification should suffice
• Only when there is no surety of the presence or
  absence of SVHC, testing should be undertaken

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REACH for Substance and Article

• Substance Preprations

• Articles

• Textile, Leather Autoparts .....
• Article 7 - Basis
• Article 7.2 Data Needs
• Notification
• Product analysis based (SVHC and Concenteration)
• Question of product meeting articles defination/
  criteria and what in the article needs to comply
  with REACH
• Declaration / Certification of articles according
  to Art. 7
• Techno-legal basis changes with the sector /
  product

• Chemicals and Preprations
• Article 6 - Basis
• Article 10 Data Needs
• Pre-Registration Registration
• Substance based
• Question of identification of substance (or
  substance in prepration)
• Application of SDS for Substance
• Techno-legal changes according to tonnage

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Role of Central Leather Research Institute (CLRI)

• Synergistic role between REACH Support CLRI
  in the Applicability Analysis of the SVHC in
  leather articles
• Testing facilities for the SVHC can be provided
• Possible certification for the absence of SVHC
• Suggestions on alternative chemicals to be used
  in leather processing not containing the SVHC

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Helpdesk Services to be provided to the Council

• Performing REACH applicability analysis for SVHC
  substances released by ECHA to the leather
  exporters
• Providing updates to the member industries of
  CLE on issue concerning substances in articles
• Help-desk Services to the CLE members (through
  e-mail and phone)
• Case specific REACH assistance services to
  member exporters
• Only Representative Service for Notification
• Tailor made web portal for CLE, with specific
  relevance, application and concerns of leather
  Industry

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Helpdesk Issues

• We would prefer simplified administration /
  management of the project for efficient and
  effective operations /performance
• This will be a new project for REACH Support
• Own scope and payment conditions
• Clarity on the Administeration Reporting issues
  relating to the project
• REACH Support has Standard Daily Charges of
  10,000 INR / Professional day for companies
  (consultation and advise) and for Govt. And
  Non-Profit Institutions its 7500 INR / day
  (Consultation and advise)
• International consultation provided, if required
  (not included in this cost)

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Thank you!