Complying with the REACH regulation does not only demand chemical and toxicological knowledge. In oder to fulfil all REACH requirements, comprehensive legal expertise is necessary. K&L consults companies in all legal questions concerning REACH by ccoperating with lawyers specializing in the REACH regulation.
Obligations of a company under REACH
In order to define the obligations of a company under REACH, the material and personal scope of the regulation has to be analysed case by case. Among others, the range of exceptions, deadlines or the responsibility of authorities are also important aspects for companies.
Common registration demands a contractual agreement
REACH requires the joint registration of identical substances. For this reason, manufacturers and importers have to participate in SIEFs (Substance Information Exchange Forum) or they can become a member of a consortium. The extent and the content of a cooperation have to be defined in a contract. For the purpose of sharing confidential information, an independent trustee – normally a lawyer – can guarantee the necessary confidentiality.
Cooperation versus European competition law
Companies which jointly register substances and exchange substance related information have to respect European competition law. Competition law has to be considered when it comes to drafting the consortium agreement, the decision on the acceptance of new members in a consortium or the provision of registration relevant information in a SIEF.