Inneke CLAES - CEMBUREAU

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REACH SPECIFIC ISSUES FOR THE CEMENT INDUSTRY
FORTEA Workshop 28 June 2007
Inneke CLAES - CEMBUREAU
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• Outline
• Timeline
• REACH complex system
• Supply chain clinker and cement
• Main materials groups under REACH
• Recommendations to prepare for REACH
  implementation

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(No Transcript)
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REACH NOT A LINEAR SYSTEM

• Scope all, some substances excluded, e.g. waste
• Registration all substances above 1t/y, with
  exemptions
• Authorisation irrespective of volume, depends on
  characteristics of substance, certain groups of
  substances for certain uses exempted
• CL substances and preparations meeting
  classification criteria as dangerous
• SDS as above, but put on the market, B2B

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SUPPLY CHAIN CLINKER AND CEMENT PRODUCTION
Producer/Importer Downstream user?
Substance Waste
Substance
Preparation
Preparation Article
Raw materials
Substance Preparation Article Waste
Grinding aids, Additives, etc
Alternative raw Materials Products waste
Cement
Fuels
Clinker
Concrete other uses of cement
Alternative Fuels Products wastes
End-of-life of buildings
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CLINKER

• Substance (not an intermediate)
  muliticonstitutent substance
• Exempt from registration, downstream user
  requirements and evaluation (Annex V.7)
• Classification Labelling (CL)
• Safety data sheet (SDS)
• Notification of CL by 1 December 2010 to Agency
  (ECHA)
• If produced by other companies, cement companies
  are downstream users (DU) and to communicate
  information up the supply chain

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CEMENT

• Preparation
• No registration
• Classification labelling
• No notification CL to Agency
• SDS (with exposure scenarios (ES))
• Consumer labelling (preparations sold to the
  general public, S46)
• Chromium VI restrictions
• Users of cement to communicate information up the
  supply chain

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WASTE BY-PRODUCTS NO-LONGER-WASTE

• Waste excluded from scope
• By-products, unless imported or placed on market
  themselves, are exempt from registration
• If waste considered by-products by MS and shipped
  by manufacturers to cement kilns, would have to
  be considered as placed on the market
  themselves
• not excluded from scope
• not exempt from registration

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WASTE (2)

• If ceases to be waste (end-of-waste), then back
  in scope of REACH
• Substances resulting from recovery process and
  same as registered substances, and information on
  these substances is available to establishment
  undertaking recovery, then exempt from
  registration
• New substance manufactured from waste subject
  to REACH

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COAL, CRUDE OIL, NATURAL GAS

• Exempt from registration, downstream user
  requirements and evaluation
• Suppliers to provide CL
• Suppliers to provide SDS
• Suppliers to notify CL to Agency Inventory
• Cement companies to communicate information up
  the supply chain
• Coal presents no properties giving rise to
  authorisation (according to producers)
• Mineral oil products used as fuel in fixed
  combustion installations not subject to
  authorisation

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PETCOKE

• One EINECS number (265-080-3 coke petroleum)
  used in cement industry, should be covered by one
  registration
• Suppliers and cement companies importing from
  third countries must register pre-register,
  join SIEF and consortium, unless only
  representative appointed by non-Community
  manufacturer
• Suppliers/importers to provide CL
• Suppliers/importers to provide safety data sheets
• Suppliers/importers to notify CL to Agency
  Inventory
• Cement companies to communicate information up
  the supply chain
• Exempt from authorisation (use as a fuel in
  mobile or fixed combustion installation of
  mineral oil products)

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LIMESTONE - MINERALS

• Occurring in nature and not chemically modified
  exempt from registration, downstream user
  requirements and evaluation
• Suppliers (unless self-supplied by cement
  companies, in this case obligation is on cement
  company) to provide CL
• Suppliers to provide safety data sheet
• Suppliers to notify to Agency CL Inventory
• Cement companies to communicate information up
  the supply chain

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GYPSUM AND SYNTHETIC GYPSUM

• Suppliers must not register natural gypsum
• Not certain whether registration exemption
  applies for synthetic / recovered gypsum
• Suppliers to provide CL
• Suppliers to provide safety data sheets
• Suppliers to notify CL to Agency Inventory
• Cement companies to communicate information up
  the supply chain

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PROCESS CHEMICALS

• Cr VI reducers, grinding aids, lubricants,
• Manufacturers/importers to register
• Suppliers to provide CL
• Suppliers to provide safety data sheets
• Suppliers to notify CL to Agency Inventory
• Cement companies to communicate information up
  the supply chain

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FLY ASH

• Excluded from scope (see waste)
• See possible by-products issues

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SLAG

• If waste, see waste
• If by-product, suppliers must register as a
  substance (granulated blast furnace slag)

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NEW IN REACH

• Industry is responsible for generating data on
  substances (preparations)
• No data, no market
• Involvement at different levels/different
  requirements
• Companies legal entities! individually
• Companies in consortia/SIEFs
• Sector associations e.g. CEMBUREAU

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HOW TO PREPARE FOR IMPLEMENTATION WITHIN COMPANY

• Actors
• Engage all levels within a company purchasing,
  sales, customer services, RD, production, health
  safety experts, legal,
• Driven by top management
• Inventory of product portfolio and
  substances/preparations used in production
• Assess properties and own production/import
  volumes
• Determine role of company producer/importer/DU
• Determine which REACH requirements apply

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HOW TO PREPARE FOR IMPLEMENTATION WITHIN COMPANY
(2)

• Assess existing data or identify additional data
  needed
• SDS, labelling, packaging
• If registration needed, prepare to pre-register,
  join SIEF and look at putting in place
  consortium look at data protection needs,
  confidentiality and competition issues
• Set up formalised REACH record keeping and
  documentation management system

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HOW TO PREPARE FOR IMPLEMENTATION COMPANY AND
SUPPLIERS/CUSTOMERS

• Discuss REACH with suppliers/customers
• Check whether suppliers will continue to deliver
  once REACH in effect, and if they need
  information about use of substances/preparations
• Assess whether your company wants to continue
  Supplier/customer relationship
• Streamline supply structure/manufacturing

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HOW TO PREPARE FOR IMPLEMENTATION CONTRACTS ETC

• Recommendation to review coverage of REACH
  compliance by insurance contracts (i.e. product
  liability insurance, manager insurance, general
  liability insurance, environmental insurance)
• Contracts
• Who to carry which contractual obligations
  (supply and sales contracts) in relation to REACH
• Will contract partners provide warranties or
  indemnities for inaccurate or incomplete
  information (information in the supply chain)
  which must be provided under REACH
• Do contracts provide needed flexibility/stability
  in relation to product price increases due to
  REACH
• Data ownership/use rights for new/existing data
  developed under REACH
• ? Legal departments of companies or other legal
  advisors should be made aware of REACH
  implications

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HOW TO PREPARE FOR IMPLEMENTATION CEMBUREAU
ASSOCIATIONS

• Guidance on/facilitating of implementation (with
  help of industry experts)
• Provide common cement industry interpretation if
  necessary
• Cooperation within REACH Alliance
• Actions
• Substance ID cards for main materials
  used/produced
• REACH Manual
• Facilitating SIEF/consortium

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TOOLS

• CEMBUREAU REACH Manual
• European Chemicals Agency (ECHA)
  http//echa.europa.eu/
• Guidance on REACH and REACH navigator
  http//reach.jrc.it/
• List of national helpdesks http//ec.europa.eu/ec
  ha/reach/helpdesk/nationalhelp_contact_en.html

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THANK YOU i.claes_at_cembureau.eu www.cembureau.eu