At the tail end of 2015 the European Court of Justice made a landmark ruling regarding the making of REACH Article 33 Declarations for the presence of Substances of Very High Concern contained within ‘articles’.
Prior to this ruling, manufacturers/suppliers of complex articles only had to declare the presence SVHCs of >0.1%wt/wt of the entire complex article. However, this position had been a matter of controversy and discussion for several years with a number of EU Member States taking a dissenting viewpoint that declarations should be made for every individual article of the complex assembly instead. The ruling has now found in favour of this viewpoint and as such the 0.1 % threshold for notifying Substances of Very High Concern in articles applies to “each of the articles incorporated as a component of a complex product” rather than to the entire article.
CMCA(UK) are now working with customers to evaluate their complete BoMs for the presence of SVHCs in the individual articles, both ‘bought in’ and ‘designed in’ components and piece parts. In some respects the ruling has simplified the process as there is no longer the need to calculate the individual weights of substances contained within all the individual articles compared to the weight of the complex assembly. However, the challenge is still to ascertain whether these articles contain SVHCs, but also for all the adhesives, paints, coatings etc that form part of the manufacturing process. The solutions that CMCA(UK) are developing will enable customers to store this information and where necessary make Article 33 Declarations that state where the SVHC is present, eg for an electronics item its Circuit Reference.
If you require further information on REACH contact CMCA(UK) Business Development Manager Antony Elliott.