An ECHA pilot project has tested whether the criteria of the European chemicals regulation REACH are met for recovered substances. It was the first time the Enforcement Forum examined the interface between REACH and the Waste Framework Directive. Forty-six cases in eleven Member States were examined. Twelve of these (26 %) violated REACH. For example, the recovered substance and the registered substance were not identical, or requirements of the CLP regulation for classification, labeling, and packaging were not met.
In 96 % of the cases, safety data sheets (SDS) were submitted with recovered substances and mixtures. When information was missing from the SDSs, the main problem was unclear substance identity. In 37 % of the cases inspected, the main requirements of the CLP Regulation for classification, labeling, and packaging were not met.
The non-compliances identified in the pilot project resulted in written notices, fines, and administrative orders. Lessons learned from the pilot include that waste operators placing recovered substances on the market should contact national authorities and helpdesks for information about their substances. They should also be aware of how the substances are used by their customers. In addition, national authorities responsible for enforcing the REACH Regulation and the Waste Framework Directive should cooperate more, ECHA should consider revising the current guidance on waste and recovered substances, and the European Commission should work on harmonizing the EU end-of-waste criteria.
- European Chemicals Agenca (ECHA), Helsinki, Finland
- Report on the pilot project on recovered substances exempted from REACH registration, ECHA November 4, 2022. ISBN: 978-92-9468-176-8