REACH donne la migraine aux entreprises turques[en] 

The REACH regulation (Regulation, Evaluation and Authorisation of Chemicals) entered into force across the EU in June 2007. It regulates chemical substances produced in the EU, but also those that are imported into the Union from non-member countries.

This article is an adaptation of one which first appeared on EurActiv Turkey (05/11/07).

Turkish Exporters Assembly President Oguz Satici believes that the EU's new chemicals regulation, REACH, is set to prove highly problematic to Turkish export companies who have signed deals with companies based in the EU. 

Turkish companies are being urged to produce chemicals for export that are in accordance with REACH standards, and register their substances with the European Chemicals Agency (ECHA) in Helsinki over the coming years. 

Since Turkey is not yet a full EU member, regulations under REACH are not fully implemented by the country's chemical manufacturing sector. However, Turkish exporters still face a great deal of difficulties, said Satici. 

Under the REACH regulation, Turkish manufacturers and exporters are classified as "non-EU manufacturers" and thus direct application to join the scheme is not possible. But as it stands, Turkish companies are obliged to inform the ECHA of the chemicals they intend to export to the EU over the next three years. 

The REACH registration period will continue until 2018. Meanwhile, the pre-registration period should allow sustained sales to the EU market. 

Resolving the situation in Turkey 

Turkish exporters of chemical agents currently have two options, according to Oguz Satici of the Turkish Exporters Assembly: 

• An EU-based company registers substances imported from Turkey. 

In this case, the Turkish exporter shares responsibility equally with an EU manufacturer. All related data (regardless of the degree of secrecy) will be included in a dossier prepared by the Turkish exporting firm and submitted to the importer for registration with the ECHA. 

A significant disadvantage of this option is that the importer has access to all the formulation data through these documents. Moreover, importers may be reluctant to fulfil their registration obligations, depending on the bureaucratic hurdles presented by the registration process. 

• Appointing a 'sole representative'. 

Under this option, a "natural or legal person established outside the EU" who independently manufactures a substance to be imported into the Union may - by mutual agreement - appoint "a natural or legal person established in the Community" to fulfil the obligations for importers as the 'sole representative'. 

Meanwhile, "downstream users" – who use chemicals as ingredients in consumer products - are entitled to request documentation from the sole representative, including the Chemical Safety Assessment (CSA), the Chemical Safety Report (CSR), the Exposure Scenario and the Safety Information Form, as well as various other reports, documents and data. 

The president of the Turkish Exporters Assembly, Oguz Satici, has the following advice for Turkish exporters of chemical substances: 

• Do not miss the pre-registration period for submission of the pre-registration dossiers to the agency (1 June to 1 December 2008). Otherwise, the parties concerned will have to fulfil all the necessary registration criteria to maintain exports to the EU market, and will not see any of the benefits of the transition period, set to last until 2018. 
• SMEs should take the necessary measures: REACH integration studies must be carried out by associations representing the sector. These associations cannot apply for registrations on behalf of their members, although they may contribute to the preparation of registration dossiers and the coordination of related activities. 
• Turkey should take initiatives for direct registration: Turkey should seek a mechanism for direct registration to the ECHA, and Ankara and related institutions should be involved in the process, under a single roof if possible. The disadvantages faced by Turkish exporters should be communicated to Brussels and a different implementation phase requested. The Commission should be clearly informed about drawbacks of sharing trade secrets.