In June 2017, the Ministry of Environment and Urbanization of Turkey (the Ministry) published its Registration, Evaluation, Authorization and Restriction of Chemical Regulation (REACH). The newly promulgated REACH repeals three regulations - Regulation on the Restriction and Prohibition of Hazardous Matters and Mixtures, Regulation on the Inventory Control of Chemicals, and Regulation on Safety Data Sheets in relation to the Hazardous Matters and Mixtures – bringing the significant and relevant provisions of all three regulations under the same umbrella. The Turkish REACH which is almost identical to the EU REACH is regarded to be also important for compliance to EU regulations.
What does the Turkish REACH concern?
The Turkish REACH concerns substance manufacturing, its placing on the market or its use by itself, in a mixture or in articles or the supply of mixtures.
But what are substance, mixture and article?
The scope of the Turkish REACH is very similar to the scope of the EU REACH.
Substance is defined as chemical elements and their composition which occur naturally or by manufacturing. It includes additives necessary to keep the stability and impurities of production but excludes any solvent which may be separated without affecting the stability and the structure.
"Mixture" is defined as a mixture or solution composed of two or more substances.
And an "article" is an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition.
... and what is excluded from the scope of the Turkish REACH?
As previously said, the Turkish REACH is very similar to the EU REACH. Accordingly, the Turkish REACH excludes the following from its scope:
- radioactive substances or mixtures,
- unprocessed/untreated substances,
- mixtures or objects in transit or re-exported which are in temporary storage, in free zones or free warehouses and subject to customs supervision,
- non-isolated intermediaries,
- carriage of dangerous substances and mixtures by railway, highway, inland waterway, seaway and airway and
- substances or mixtures manufactured, produced or imported for the purpose of defence (the only exception which is not listed in the EU REACH)
Additionally, certain veterinary products, medical devices, cosmetic products and food and feeds are also left outside the scope of the Regulation.
Some details on the main provisions
Within the scope of the Turkish REACH different registration requirements are set for substances as well as substances in mixtures and articles within 4 different tonnage bands (1-10t/y, 10-100t/y, 100-1000t/y, 1000t/y+). Reduced registration requirements exists for substances as well as substances in mixtures and articles used for scientific research and development purposes.
The Turkish REACH provides in depth and thus transparent provisions on authorization and restriction of substances as well as substances in mixtures and articles. More specifically, detailed provisions considering SHVC are provided in the rather long Annexes of the REACH.
Moreover, the Turkish REACH contains a detailed provision on communication of information in the supply chain, especially in relation to information required to be communicated via safety data sheets. In this regard, the Turkish REACH also details obligation to keep information and provides certain rules for disclosure of information as well as exchange of information between different undertakings within scope of the Regulation.
Additionally, the Turkish REACH provides more details on the role and responsibility of the Ministry over it.
The provisions of the Turkish REACH will enter into force starting from end of November 2017.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.