Final CLE presentation Chennai

8/8/2019 Final CLE presentation Chennai

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Obligations of Indian Leather Exporters

Applicability of REACH for

leather and leather products

including footwear

Dr. Rashmi Naidu,General Manager (Technical Services)

REACH Support


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CLE - REACH forLeatherExporters at Chennai

Contents About REACH Supports association with REACH

Leather exports implicated under substance in articles REACH and Indian Leather Footwear exports to Europe

Substances of very high concern (SVHC) used in leathermanufacturing

Obligations on Manufacturers and Exporters ofArticles

List of 15 SVHC substances released by ECHA

Notification requirements and procedure of SVHC substances

Timeline forNotification

Information forCommunication

Articles & Authorization

Articles & Restriction

Helpdesk & Only Representative Services


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REACH Support REACH Support is a professional organisation of 20 full time

professionals and several otherpart time based professionals. Operating with REACH Issues since 2002

Studies comissioned by EU on various EUs product based

policies and implications on Indian exporters

www.aceepr.org

www.reach-support.com Prepared Studies forCHEMEXCIL / MoCI on REACH and its

prepardness (WTO issues)

Over 30 events organised in cooperation with CII, ICC,

CHEMEXCIL;ATIRA;CLE, etc.

Provided training and one to one consultation to over 300companies till date.

Represents over 8500 substances of 800 companies from 12

countries in REACHCompliance


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Substance in Articlewithin REACH


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What is an Article

"Article means an object which duringproduction is given a special shape,surface or design which determines itsfunction to a greater degree than itschemical composition;"

E.g. Furniture, leatherjackets, shoes,

vehicles, books, toys, kitchen equipmentand electronic equipment.


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Leather Products- Subs in articles


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Impact of REACH on Indian Footwear

Exports to Europe

Indian FootwearIndustry

Footwear sector - significant segment of the Leather Industry

India is the second largest global producer of footwear afterChina

Over 80% of Indias Export of Footwear is to the European

Countries and the USA


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Substances ofConcern used

in Leather Processing

Some chemicals of concern commonly used in Leather

Industry

PCP(Pentachlorophenol)

Hexavalent Chromium

Azo Dyes (banned in Europe)

Resorcinol Dyes

Formaldehyde


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Registration of Substances in

Articles Substances in articles, > 1 tonne/yr & intended to

be released require Registration

Articles with Substances of Very High Concern(SVHC are CMR Cat 1,2, PBT, vPvB, or endocrine

disrupters) having >0.1% wt/wt & >1 ton/yr, require

Notification to European Chemicals Agency (ECHA)

Manufacturers and Exports should check the

presence of SVHC substances in materials

obtained from their suppliers


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List of 15 SVHC released by ECHA Anthracene used as tanning agent

4,4'- Diaminodiphenylmethane component of some azo

dyes Dibutyl phthalate phthalate plasticizer; artificial leather

Cyclododecane

Cobalt dichloride

Diarsenic pentaoxide

Diarsenic trioxide

Sodium dichromate, dihydrate raw material; tanning

5-tert-butyl-2,4,6-trinitro-m-xylene (musk xylene)

Bis (2-ethyl(hexyl)phthalate) (DEHP) plasticizer for soles

Hexa bromo cyclododecane (HBCDD)

Alkanes, C10-13, chloro (Short Chain Chlorinated

Paraffins) leather additive for imparting smoothness Bis(tributyltin)oxide

Lead hydrogen arsenate

Triethyl arsenate

Benzyl butyl phthalate - artificial leather


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Timeline for Notification

For substances included in the SVHClist before 1 December2010, thenotifications have to be submitted not

later than 1 June 2011

For substances included in the SVHClist on or after1 December2010, the

notifications have to be submitted nolater than 6 months after theinclusion


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List of Substance for Authorisation

Out of the 15 SVHC substances; 7 substances are listed forAuthorisation with ECHA

5-tert-butyl-2,4,6-trinitro-m-xylene (musk xylene)

4,4 Diaminodiphenylmethane (MDA)

Alkanes, C10-13, chloro (SCCP)Hexabromocyclododecane (HBCDD) (and allmajor diastereoisomers identified, i.e , and HBCDD)

Bis(2-ethylhexyl)phthalate (DEHP)

Benzyl butyl phthalate (BBP)

Dibutyl phthalate (DBP)


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Articles and Authorization

Substances in articles are not subject to

authorisation

The process of incorporation of substances

into articles may be subject to authorisationOnly relevant for EU article producers

Misunderstanding by many article producers is that

substances in articles can be subject toauthorisation.


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Articles and Restriction

Substances in articles may be subject to

restriction

Also the process of incorporation of substances

into articles may be subject to restriction

Advise on the substitution of chemicals for

application where the chemicals are to be

phased-out

Only relevant for EU article producers


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Only Representative (OR)Services

Non-EUproducers of articles will have to appointan Only Representatives to fulfill all obligationsof the importers of their articles into the EU.

In this case, Only Representatives shall fulfill all

obligations for substances in articles, including

Pre-registration and Registration ofsubstances with an intended release X

Notification of Substances of Very High

Concern on the candidate list Provision of information and

Ensuring compliance with any restrictions


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Information for Communication

S. No Item Example

1. Substance name Diarsenic trioxide

2. CAS Number 1327-53-3

3. Reg. No (ifprovided) -

4. Classification Carc. Cat. 1; R45; T+; R28;C;

R34 ;N;

R50/53May cause cancer

5. Conc. in article 1 % wt/wt

Safe handling S53, S45, S60, S61

6. Safe disposal This article should bedisposed of as hazardous

waste. Please do not put it in

your normal household waste


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Conclusion Obligations of IndianExporters of Articles within REACH

Assess whether there will be an intentional release

No (Pre-registration/Registration requirements do not apply

If no intentional release, assess for the presence of SVHC

Yes (Estimate quantity of the substance in article and if and all the 3

earlier defined criteria are fulfilled, Notification requirements apply

Supply chain communicationbetween processors of raw hides,

tanners, leather finishers is vital

If it can be technically proved that SVHC not present, self

certification should suffice

Only when there is no surety of the presence or absence of

SVHC, testing should be undertaken


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REACH for Substance and Article

Substance & Preprations

Chemicals and Preprations

Article 6 - Basis

Article 10 Data Needs

Pre-Registration & Registration Substance based

Question of identification of

substance (or substance in

prepration)

Application of SDS forSubstance

Techno-legal changes

according to tonnage

Articles Textile, Leather;Autoparts .....

Article 7 - Basis

Article 7.2 Data Needs

Notification

Product analysis based (SVHC

and Concenteration)

Question ofproduct meeting

articles defination/ criteria and

what in the article needs to

comply with REACH

Declaration / Certification of

articles according to Art. 7

Techno-legal basis changes

with the sector / product


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Role of Central Leather Research

Institute (CLRI)

Synergistic role between REACH Support & CLRI

in theApplicability Analysis of the SVHC in leather

articles

Testing facilities for the SVHC can be provided

Possible certification for the absence of SVHC

Suggestions on alternative chemicals to be used in

leatherprocessing not containing the SVHC


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Helpdesk Services to be provided to

the Council

Performing REACH applicability analysis for SVHC

substances released by ECHA to the leather exporters

Providing updates to the member industries ofCLE on

issue concerning substances in articlesHelp-desk Services to the CLE members (through e-

mail and phone)

Case specific REACH assistance services to member

exporters

Only Representative Service forNotification Tailor made webportal forCLE, with specific

relevance, application and concerns of leather Industry


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Documents

Final CLE presentation Chennai