Maintaining Confidentiality of Trade Secrets in REACH Safety Data Sheets

 

Anyone who sells chemicals deemed hazardous in the European Union must comply with the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) that came into effect from June 2007. In addition, they also have to content with Regulation 1272/2008 on Classification, Labeling and Packaging (CLP) of substances and mixtures according to UN GHS norms. This is effective from January 2009.

While both are tools to communicate hazards, there is an essential difference. CLP focuses on labeling and REACH specifies rules for the safety data sheets. REACH may apply to quantities above a specified limit whereas CLP applies regardless of quantities involved. REACH SDS registration is mandatory whereas CLP is not mandatory provided chemicals are REACH registered prior to November 2010. The situation can be complex and confusing. This is further compounded by the fact that REACH is more extensive as regards protection of human health and the environment. Chemicals must be categorized and described without any ambiguities in a lengthy process and documentation. REACH safety sheet by icsds.com takes care of all the complexities and makes it easy for manufacturers to do business in the EU without contravening any regulations.

 

It must be kept in mind that full disclosure is required in the process of registration to show a substance’s property and risks. If need be, the authorities may impose restrictions or ban the substance. Full disclosure can pose a problem for manufacturers of proprietary chemical formulations. ICSDS experts adopt a variety of ways to ensure full conformity with REACH regulations while protecting vital trade secrets. A variety of methods may be adopted such as indicating a range of concentration and use of generic names. It may be necessary to apply to EU CLP in order to gain permission to hide composition information. However, REACH SDS will delineate full hazards as may be relevant. This professional and fine-tuned approach by ICSDS protects vital trade secrets of customers without infringing any rules. If necessary, the European Chemicals Agency (ECHA) may be approached to protect confidentiality of proprietary formulations. Experts will make a suitable application along with suitable justifications to reinforce the request for confidentiality. There are procedures to be followed under Article 119(2) and suitable fees to be paid for each item, all of which are taken care of by ICSDS professionals.

ICSDS goes beyond providing SDS services. Their expertise and industry knowledge as well as familiarity with REACH and CLP puts them in a class apart when addressing specific issues such as those of confidentiality of trade secrets. Companies can meet obligations of compliance while being assured that their secrets remain theirs. Should there be any dispute or should a question arise, experts are always available at hand to take on the matter with appropriate authorities.  ICSDS has extensive experience of EU regulations and has served quite a few clients in the past, not only with REACH SDS but also their translation into local languages in addition to training and acting as local representative. ICSDS represents total service for chemical businesses wishing to do business in the EU.