TSG Consulting

In a move that will have wide-ranging consequences, the European Chemicals Agency (ECHA) has proposed that lead metal should become subject to authorisation in the European Union under REACH (Regulation (EC) No 1907/2006). Companies have from now until 2 May 2022 to provide comments to a consultation and call for information that will help inform the decision on the proposal. Read on to find out more about the importance of participating, and how our REACH consultants can help if you’re not sure how to go about it.

Public consultation

On 2 February 2022, the European Chemicals Agency (ECHA) launched a public consultation on its proposals to include lead metal, in addition to seven other substances, to Annex XIV of REACH, the list of substances subject to authorisation. The European Commission has opened a call for information in parallel on the possible economic, social, health and environmental impacts (costs and benefits) of the proposals.

Companies have from now until 2 May 2022 to provide comments to the consultation and call for information to help inform the decision on the proposal.

Why is it important to participate in the consultation?

Put simply – the more information ECHA has, the more informed its decision-making process will be. While REACH registration dossiers are the main source of information for ECHA's assessment, these may not be up-to-date, do not necessarily cover all uses within the scope of authorisation or possible exemptions from the authorisation requirement, nor will they contain information on the structure and complexity of supply chains or challenges associated with substitution. It is just as important to provide information on the possible socio-economic consequences of including lead in Annex XIV.

If you don’t respond, then your uses or concerns may not be considered. Adding lead metal to the Authorisation List means your company may face a costly authorisation process or be forced to cease use.

TSG Consulting can help

Led by Sue Bullock, Head of Industrial & Specialty Chemicals (ISC), TSG’s experienced REACH consultants can support you through this public consultation process and beyond. We can help you:

Understand how and when you might be impacted
- Outline the health, social and economic consequences of the proposed inclusion of lead on the REACH Authorisation List for your specific use(s)
- Map and manage concerns through your supply chain, from supplier to customer
Develop a practical roadmap for REACH compliance, including assessing potential substitute products
- Help identify the different options and support you in choosing the preferred one
Participate effectively in the public consultation process and call for information, and track policy and regulatory developments
- Prepare you for the next steps, including authorisation listing

If you’d like to have an informal chat with our team, please get in touch at [email protected]

REACH Authorisation aims to drive the replacement of substances of very high concern with safer alternatives. Lead metal has been identified for inclusion on the Authorisation List as it is toxic for reproduction.

How do I know if it applies to my products?

Lead is used in a broad variety of well- and lesser-known applications, from lead-acid batteries and electronic components to radiation shielding, construction products and specialty applications including linings, sheathings and constituents of glass and steel. It is used in many industries, from manufacturers, suppliers and users of lead solder to the aerospace and defence, medical, power and construction industries and their value chains. All use of lead metal would become illegal after the ‘sunset date’, unless authorisation has been granted or an exemption applies. If in doubt, get in touch at [email protected]

What will happen if I don’t comment?

Substances that are subject to authorisation must not be used after their ‘sunset date’, or placed on the market for a use, unless the user can rely on a supply chain specific authorisation or an exemption applies. This is the last formal opportunity companies have to influence the process. If you need help in developing your strategic position, get in touch at [email protected]