Miljøprojekt, 1140 – REACH til søs – Summary and conclusions

REACH til søs

Summary and conclusions

During the project ”REACH at Sea”, a number of meetings have been held between shipping companies, suppliers of chemical products and consultants aquainted with the coming chemicals regulation REACH. REACH was on the agenda of all the meetings. Two informative meetings communicated to a large public general information about REACH and information about the effects of REACH on the shipping trade. A working group with participants from selected shipping companies and suppliers as well as consultants from SAMR and DHI discussed and analysed the requirements and challenges to the shipping trade in order to evaluate the tools required to handle the given obligations of REACH. Together with a parallel working group consisting of SAMR and DHI, the working group evaluated the use of the present database as a tool to be used in relation to REACH.

From the discussions about the requirements of REACH on the shipping trade it was concluded that the two following areas should be dealt with in the project:

The shipping companies as importers under REACH

Elaboration of standard use scenarios.

The present chemical-database of the shipping trade is used by 19 shipping companies and the database is a comprehensive tool e.g. for preparation of work place instructions. The trade has expressed its desire to use the same tool for REACH. The project examined the use of the database as a tool for the elaboration of use scenarios and communication of use and exposure scenarios. The possibility using the information, which is already available in the present version of the database to elaborate generic use scenarios was examined. The result showed that the main part of the required information is already available in the data base e.g. information of the properties of the substance, handling of the substance, including protective equipment. Information on the use as frequency, duration and quantity will probably be available by other sources. Elaboration of use scenarios is possible in the present system using a template to be filled in with standard information describing their use. The shipping trade is recommended to examine the required options to describe the use of chemical substances and register them so that they can be used as basis for setting up the tool for the elaboration of use scenarios. It is also recommended that communication about use scenarios and exposure scenarios between the shipping companies and their suppliers effected through the chemical-database. It is essential that the final exposure scenarios, which are communicated from the supplier to the shipping company together with the safety data sheet, are implemented in a form which is practicable onboard the ships. This is proposed to be effected through the work place instructions by the adaptation of the conditions for use laid down in the exposure scenarios.

Under REACH, the shipping companies are likely to obtain status as importers, because they often purchase products outside the EU to be used onboard EU-flagged ships. Import of a chemical substance in quantities of 1 ton or more per year per importer releases a demand for registration of the substance including documentation of the safe use of the substance in relation to both health and environment. As the shipping trade is not yet ready for this work and does not have the expertise required, it is recommended during a transitional phase to abstain from importing chemical substances. Instead, the shipping companies can purchase from European suppliers when they want to purchase substances when outside the EU.

Purchase of products produced and registered in Europe is considered as re-import to the EU. When purchasing high volume substances and when it is not possible to purchase from a European supplier, the shipping companies are entitled to request the supplier to trade via a European agent or distributor, who will be in charge of the necessary obligations with respect to the import. In this way, the shipping company re-imports the products and has no obligations with respect to the registration.

When purchasing chemical substances from countries outside the EU, the shipping companies must account for which substances and quantities they import in order observe when they are imposed the obligations as importer. Very often the information available to the purchaser of a chemical substance or product is not sufficient to get the full overview of substances purchased. Even if you receive a safety data sheet, information of all substances purchased is available as only substances to be classified are mentioned in the safety data sheet. The necessary information can only be obtained by an inquiry to the supplier.

The shipping companies’ use of fuel is an example of import of chemical substances in high quantities. Also in this case the shipping companies can abstain from the obligations as importer by purchasing from European suppliers or through European agents. As an alternative the European shipping trade can cooperate on a common registration of fuel to be used in the trade. As the composition of fuel varies considerably, it may be necessary to register the fuel based on a specification of the composition and also to document that the fuel composition is in accordance with the specification.

Conclusions

The role of the shipping companies in REACH is professional users of chemical substances. Their obligation is to apply conditions communicated to them in the exposure scenarios. They have the right to inform their supplier of how they use the substances, in order to get their use included in the exposure scenario. Therefore, the shipping companies are recommended to set up a tool for elaboration of use scenarios to be communicated to their suppliers.

The existing database and the related tool is a god starting point in elaborating the use scenarios in an easy and simple way. The database may as well be used as a communication tool for the use scenarios and the exposure scenarios between the ships, the shipping company and the suppliers.

Besides the role as user of chemical substances it seems probable that the shipping companies obtain status as importers with the concomitant obligations. The shipping companies are recommended to abstain from obligations as importers by purchasing from European suppliers or through European agents or distributors. Purchase of products outside the EU that has already been registered in the EU is regarded as re-import of the products to the EU, and in case of re-import the shipping companies are not imposed the obligations of the importers.