Covington & Burling LLP | Practices, Industries & Regions

Covington & Burling LLP has extensively worked on REACH matters right from the Regulation’s early draft proposals. The EU Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (the “REACH Regulation”) imposes extensive requirements on chemicals and products containing them, affecting not only chemical manufacturers and importers of chemicals, but virtually all producers using substances in their goods and manufacturing processes. We have advised associations of chemical manufacturers and downstream users by guiding them through the REACH legislative process and providing legal comments to the proposal. We’ve also advised trade associations during their participation in the drafting of the European Chemicals Agency’s guidance.

Using this experience, we offer legal and strategic advice to companies, helping them interpret the REACH rules and develop REACH compliance programs. We have been assisting manufacturers and importers in meeting their pre-registration requirements before the December 1, 2008 deadline; moreover, we’ve been advising on communications and contractual relations with their suppliers and customers, the selection and appointment of their only representatives, and on the contractual, data protection and sharing, and anti-trust issues concerning their participation in the Substance Information Exchange Fora.

We also provide advice on the interrelation between the REACH Regulation and other environmental, and health and safety legislation such as waste legislation, the RoHS Directive, and food and drug law. We are especially active in defending certain substances against proposals in the EU seeking to restrict or ban their use.

Our clients include manufacturers and importers of chemicals and products containing them, including paper tissue products, non-woven materials, tobacco, cosmetics, medicines, medical devices, food, electronic equipment, and military equipment. Below are a few of illustrative matters Covington & Burling has worked on for them.

Representative Matters

Advising a leading EU trade association representing the paper sector on the proposed REACH Regulation, including its impact on their businesses, the interplay between REACH and waste management issues, how REACH affects paper recycling, and advocacy advice on the definition of articles versus containers of preparations.
Providing regulatory and strategic advice to a large manufacture of consumer products on REACH pre-registration requirements, contractual arrangements with suppliers and customers, the appointment of only representatives, and the correct identification of substances.
Providing regulatory advice to a large manufacturer of military equipment on the impact of REACH on aerospace equipment, military equipment, and possible national defense exemptions.
Advising a large pharmaceutical company on the REACH requirements applicable to substances used in medicinal products and medical devices.

More Representative Matters