Do you know about REACH – BP-A?

Do you know about REACH – BP-A?

We would like to take this opportunity to give you some information on the subject of REACh and in particular the article 33 of the REACh regulation.

The  regulation  (EC)  No  1907/2006  (REACh  Regulation)  is  an  EU  Chemicals ordinance  which  came into effect in June 2007. REACh stands for Registration, Evaluation,  Authorization  and  Restriction  of  Chemicals,  for  example  for  the registration, evaluation, approval and restriction of chemicals. As an EU regulation, REACh  is  equally  and  directly  applicable  in  all  Member  States.  REACh  is  a fundamental harmonization and simplification of existing chemicals legislation. The REACh  system  is  based  on  the  principle  of  self-responsibility  of  the  industry. According to the "no data, no market" principle, only chemical  substances which have been registered before are allowed to be placed on the market within the scope of application.

On the basis of the above mentioned regulation, all suppliers are legally obliged to inform their customers of substances that are found on the "SVHC list" published by ECHA (European Chemical Agency). This list is continually revised and a variety of new substances are added here.

The lastest update in January 2017 included a chemical called

 BPA, CAS No. 80-07-5  4,4'-(propane-2,2-diyl)diphenol

 which can be used in our thermal direct products. The chemical BPA is used in thermal direct papers to stabilize the thermosensitive coating.

 In general, products with BPA can continue to be used in Europe. Products with these  substances  continue to comply with the REACh regulation, as long as the information on SVHC components is taken into account. We are therefore obliged to inform  our  customers  about  the  use  of  SVHC  substances.  An  overview  of  our products which contain an SVHC component can be found under the following link

 http://label.averydennison.eu/en/home/solutions/certificates/reach.html

http://jujothermal.com/products

https://www.mitsubishi-paper.com/fileadmin/user_upload/downloads/Thermoscript/ETPA_Statement_on_BPA_2016-12_en.pdf

In collaboration  with  its  suppliers  BMLE  intends  in  the  near future  to exchange BPA from the affected products.

Your duty of disclosure as distributor under REACh:

If you receive such a consumer request, you are legally obligated to communicate free of charge  within 45 days, which is a particularly worrying substance of the candidate list (in a  concentration  of more than 0.1% by weight) contained in the corresponding product. The competent authorities of the countries shall monitor the fulfillment       of                 the    obligation                 to   provide              information   and              shall  comply                 with infringements.  Some  products  are  also  analyzed  by  chemical  analysis  for  their content of substances in the  candidate list. According to an EUGH judgement, it must also be informed if the mass concentration of an SVHC chemical is less than 0.1% when upgrading a product (EUGH 10.09.2015 Az. C-106/14).

 Should you have any further questions, please do not hesitate to contact your BMLE representative.

 Please note: At  the  same  time  of  the  ECHA  publication  the  EU  has  issued  a  directive (2016/2235/EU) which provides a limit of 200 ppm for the BPA in thermal papers from 2020 onwards. There is a danger of confusing both topics.