Must I REACH register my recycled substance?
Under the REACH Regulation, substance recycling is considered equal to manufacture. In principle, REACH registration obligations apply to recycled substances in the same way as to any other material. However, REACH registration is not required when a substance (on its own, in a mixture or in an article) was previously registered and was recycled or recovered in the EU, if:
- The recovered substance is the same as the REACH registered substance, and
- The safe use information relating to the substance is available to the establishment undertaking the recovery.
Please note: It is sufficient that a registration was completed by any registrant. This registrant does not have to be part of the supply chain leading to the waste generation.
In order to examine whether the exemption applies to your recycled substance, you must hence determine “substance sameness” between your substance and the REACH registered substance. Further, you must ensure that you have legitimate access to one of the following, (depending on the situation):
- A Safety Data Sheet (SDS) on the registered substance, incl. any exposure scenarios, for the registered substance
- Other information sufficient to enable users to take protection measures, in case no SDS is required
- The registration number
- The authorisation status of the substance
- Details of any applicable restrictions
- Information necessary to allow appropriate risk management measures to be identified and applied
Comparison of the substance identity profiles of the registered and the recycled substance as well as obtaining access to the relevant safe use information requires cooperation with the collective of REACH registrants (the “Substance Information Exchange Forum” or SIEF). The Chemical Compliance Coach can assist you in your communication with the (lead) registrant or SIEF.