EURASIA REACH – TR No 041/2017
The regulation of chemical products within the Eurasian Economic Union (EAEU), consisting of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, is stipulated in the Technical Regulation (TR) No 041/2017, published in 2017. The TR, often referred to as Eurasia-REACH, requires legal entities to register their chemicals at the respective competent authorities in the EAEU member states before manufacturing or importing substances and mixtures into the EAEU countries. This requirement applies to all tonnages, but will be implemented in stages, depending on the tonnage. Producers and importers also need to provide Safety Data Sheets according to GOST Nr. 30333-2007.
Eurasia REACH itself has not been enforced yet, with its secondary legislation still in the draft phase. As it stands now, the legislation is expected to enter into force in November 2022. The first step in the implementation process, however, has already began, with Russia, as the first member state, having compiled a national chemical inventory via a notification process by the end of August 2020. Other EAEU member-states will follow suit and the intended date of completion of all national chemical inventories is set as 1 March 2021.
The Inventory Notification Process
As soon as the inventory notification process (“pre-notification”) has been successfully completed, the compiled joint inventory will list all existing chemicals on the Eurasian market. The notification process is not obligatory, however, all chemicals notified in the inventory, will be treated as “existing chemicals” in the EAEU after the TR No 041/2017 has entered in force. Chemicals not listed will be regarded as new substances in the EAEU and require a comprehensive study of their hazardous properties and a chemical safety report during notification (“registration”). This needs to be carried out before the chemicals are marketed in the EAEU.
Although the Russian inventory notification was closed in August, the full notification procedure has not been adopted yet. It is still possible to submit "pre-notifications" until June 2023 if the supplier/manufacturer is able to prove that the substance in question has been on the market before the entry into force of EAEU REACH.
Who can notify?
Manufacturers, importers and nominated representatives (NR) based in an EAEU country can notify substances and mixtures in the inventory. In case of NR, each importer in the EAEU would become a downstream user whose compliance obligations are covered by the representative.
What substances to be notified?
The inventory notification applies to all existing chemicals or those planned for use on the Russian market, with certain exception, such as:
- Medicines, incl. veterinary medicines
- Food products
- Perfume and cosmetic products
- Chemical products intended for, or resulting from, research
- Minerals that have not been chemically altered.
The notification is possible for all substances on their own or in mixture at a concentration higher than 0.1 wt%. For polymers, this applies to monomers, stabilisers, additives and polymerisation initiators.
Our Eurasia REACH Services
Together with our partner, Pravsky Consulting, we can offer you the following chemicals regulatory services on the EAEU market:
- Notifying chemicals in the EAEU inventory
- Classification and labelling
- Nominated representative services through our local partner
- Communication with the competent authorities
- Services related to the future registration obligations under Eurasia REACH
For more information on Eurasia REACH, please don’t hesitate to contact our experts.