REACH and Switzerland
REACH obligations apply to Swiss companies manufacturing chemical substances in the EU. Chemical substances exported to the EU by Swiss companies must comply with REACH requirements, which either the EU importer of such chemical substance or the Swiss company’s only representative must ensure.
REACH regulates the handling of chemical substances within the European Union (EU). Since the EU is eminently important for the Swiss export industry, Swiss manufacturers, exporters and distributors of chemical substances are also impacted by it. Swiss companies which manufacture or reside in the EU as importers, are bound by all REACH requirements for chemical substances above a volume of 1 tonne per year.
While Swiss companies which export chemical substances to the EU do not themselves have any legal obligations vis-à-vis REACH, their EU importer or possibly their only representative are bound by it. The primary focus is on the registration with the European Chemicals Agency (ECHA).
Search for substitutes
Companies in Switzerland which import chemical substances from the EU to Switzerland, e.g. for the manufacture of preparations or objects, must be prepared for certain substances from the EU to become unavailable, either because their registration would be too costly or because a particular substance does not receive authorisation. Substitutes must be found in time for these.
Duty to provide information
Manufacturers and users along the supply chain assume certain responsibilities under REACH. Manufacturers or importers must, possibly in conjunction with other manufacturers, demonstrate that the registered uses of their substances are harmless. Other professional or commercial users are mainly expected to correctly and safely use the substances and preparations according to the manufacturers’ recommendations. Furthermore, all actors are compelled to inform their suppliers or manufacturers as soon as new hazards or risks are discovered.
Legal amendments to REACH
Swiss chemicals legislation is largely harmonized with the EU. There is an exception, for example, in the case of substance registration. In Switzerland, substances which are not registered in the EU and are placed on the market at a quantity of more than one ton per year must be notified (see new substance notification). The requirements for notification are the same as those for registration, and the test methods are the same as those specified in REACH, with particular emphasis on determining properties without the use of vertebrate animals.