‘China REACH’: Assessing the implications for non-Chinese companies producing and exporting new substances to China

Abstract

Legislation concerning the environmental management of new chemical substances in China was amended on October 15 2010 by the enactment of the Measures for the Environmental Management of New Chemical Substances by the Chinese Ministry of Environmental Protection (MEP). Viewed in the context of the implementation of REACH and the ongoing implementation of GHS in China, the amended regulation incorporates some concepts also included in REACH such as GHS-based criteria hazard communication, registration tonnage bands, post-notification tracking and acceptance of notifications only by legal-entities within the jurisdiction of the regulation. The amended measures aim to control the environmental risk posed by new chemicals to ensure public health and ecological maintenance. Despite many significant differences existing between REACH and the China REACH, most notably in the registration scope and testing requirements, the comparison can be used as a frame of reference for non-Chinese companies formulating a compliance strategy.