An Overview of Eurasia REACH

• July 22, 2019

Eurasian countries are proceeding with their efforts to implement the REACH-like chemical regulation, Eurasia REACH. This represents a significant chemical regulatory development for these countries. We present a brief review of the regulation and discuss some of its key provisions and implications.

Background

In 2010, Russia, Kazakhstan, and Belarus established the Eurasian Customs Union. By 2015, this was later expanded to incorporate the countries of Kyrgyzstan and Armenia, resulting in the formation of the Eurasian Economic Union (EAEU).

Disagreements over the establishment of a REACH-like regulation in these countries led to Russia adopting its own version of REACH, the “Technical Regulation on Safety of Chemical Products of 7 October 2016 (Decree No 1019)”. This is scheduled to take effect on July 1, 2021. Eventually, however, the Union’s member states reached a consensus, with the “Technical Regulation of Eurasian Economic Union on Safety of Chemical Products No 41” (Eurasia REACH). Eurasia REACH is scheduled to take effect on June 1, 2021.

If Eurasia REACH is fully implemented as planned, it is unlikely that Russia’s separate version of REACH will be maintained along with it.

About Eurasia REACH

Encompassing 14 chapters and 7 annexes, the main purpose of Eurasia REACH is to ensure safe chemical substance use by establishing requirements for chemicals placed on the market. With some exceptions (e.g., those specifically covered by other technical regulations), Eurasia REACH covers an extremely broad spectrum of chemicals and mixtures.

With Eurasia REACH, companies will be required to submit registrations to a member state competent authority. The type of registrations submitted by companies will vary depending on the status of the chemical (new or existing).

• New chemicals -- Application for an authorized registration is required, as is documentation of new substance notification. These registrations are valid for a five-year period, and application must be submitted again thereafter.
• Existing chemicals -- Record-keeping registration is required. These registrations are valid ongoing.

Some Key Provisions

When it is implemented, Eurasia REACH will include a number of provisions to which chemical product companies, both domestic and foreign, will need to comply. Not all of the key provisions, however, are expected to be viewed in a positive light by industry. In particular, small- and medium-sized businesses (SMBs) are likely to find the regulation’s extensive information requirements, its inclusion of mixtures in the registration process, and its necessity to register substances in quantities of <1 ton/year somewhat burdensome.

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