The guidance document aims to help UK companies who believe they could be affected by the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulations as they are introduced across Europe this year.
It has been published ahead of final guidance being issued by the European Commission and European Chemicals Agency (ECHA).
While the EU has been very clear that the regulations do not apply to waste, recovery businesses are classed as manufacturers under REACH, and, as such, they could be required to register chemical substances they recover from waste with the ECHA.
Last week it was confirmed that compost would be an exempt substance under REACH Annex V, and as a result compost producers do not have to register their substance (see letsrecycle.com story), and Defra's advice added that the European Commission was also expected to confirm that anaerobic digestion would be exempt under the same section.
There has been less clarity over the state over the situation for other recovery sectors, with paper reprocessors (see letsrecycle.com story) , and plastics recycling firms (see letsrecycle.com story) expressing doubts over just what the regulations would mean for them.
The uncertainty focuses on Article 2(7)(d) of REACH, which means a recovered substance would be exempt from registration if it had already been registered in its virgin state, even if this was not in the same supply chain.
The Defra guidance cites solvents, individual metals and other individual chemicals as examples of some substances that could be exempt in this way.
However, the deadline for free pre-registration of “phase-in” substances (those that are listed already on the European Inventory of Existing Commercial Chemical Substances (EINECS) is December 1.
And, Defra's advice states: “However, until these substances have been registered, a pre-registration will be needed to be able to continue recovering and placing them back on the market after 1 December 2008 without the need for immediate registration.”
The advice echoes comments made in a letter sent by the European Commission to the Bureau for International Recycling earlier this month by explaining that: “In the case of an Article 2 exemption, it is advisable to pre-register your recovered substance before 1 December, unless you are certain that its virgin equivalent has been registered already.”
It added: “Pre-registration does not commit you to registration, but will allow you to continue to place your substance on the market after 1 December until such time as the virgin equivalent is registered.”
Manufacturer
The Defra advice also clarifies that a 'manufacturer' under REACH may not be the same as a 'manufacturer' under other legislation, citing the difference between it and Pollution Prevention and Control legislation.
It explained: “Since REACH applies only once waste ceases to be waste, and it is placed back on the market, REACH takes a different view of what a manufacturer is for the purpose of controls in the post was situation, without compromising the definition or situation under other legislation.”
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