Though the Globally Harmonized System aims at harmony and
uniformity in the safe handling, storage and disposal of chemicals,
implementation vary from one country to another since they are free to adopt
any revision and adopt it in full or part and add further regulations as they
may seem fit. This is exactly what countries of the European Union have done.
In addition to opting for version 4 of GHS (the latest, 6th, likely
to be implemented in the near future), EU countries also follow EU REACH and
CLP regulations. It is mandatory for any chemical company to submit
documentation in compliance with their regulations.
REACH places the burden of GHS
implementation on companies to identify and manage risks. It is not
only risks related to handling, processing, storage, use and transport but also
the safety of downstream user, disposal and effect on environment that is taken
into consideration in the EU through REACH. The strange thing about REACH is
that an exporter from the US
or any other country is not bound by the regulations but the importer in the EU
is required to comply with the pre-registration or registration process. This,
however, does not absolve exporters because importers will only do business if
an exporter is REACH compliant. Also, if quantities involved are below 10
tonnes per annum, some clauses may not apply but for quantities above 1 tonne,
it is mandatory. Still, however, regardless of quantities involved, if any
manufacturer-exporter wishes to do business in the EU, he must comply with
REACH and CLP and this calls for exhaustive and detailed documentation. Now, in
addition to the safeguards for storage, use, handling and transport,
documentation must also include measures for protection of human health and
environment safety through safe disposal advice. Documents must be in the language of the
country to which chemicals are exported. The REACH compliant SDS must be
translated in a way that avoids any ambiguity, calling for specialized
knowledge of local languages and usages in the countries forming part of the
EU.
A company in the US may not have a specific
importer-distributor in the EU who is willing to undertake the process. In this
case, registration becomes difficult. However, hiring expert GHS implementation
companies resolves the issue since they appoint a local representative to carry
out the process.
Why is it so important in the EU? The simple fact is that
downstream users are forbidden from using any chemical unless it has an
accompanying safety data sheet on use and disposal. Therefore, even if it is a
simple cleaning agent or paint or solvent, the product must be REACH compliant
and must have the documentation if it is to be sold and bought within the EU
and the documentation must be in the local language. This seems a formidable
barrier but it becomes easy when one has access to experienced professionals
well aware of all REACH regulations and the capability to comply as well as
translate documents.
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