Cohen Addresses Issues Raised by New European Union Directive -- REACH

FOR IMMEDIATE RELEASE

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On April 9, 2008 Edward A. Cohen, partner at Thompson Coburn LLP and the lead to the Firm’s REACH compliance team, addressed members of a regional trade industry group with a series of remarks on REACH – the EU’s directive requiring chemical substances to be registered before placing them on the EU market. Mr. Cohen discussed the current environment surrounding REACH and its likely impact on U.S. businesses who may ship chemicals or chemical-containing products to the EU.

Mr. Cohen presented several key considerations for those in the audience:

• Companies should not miss the pre-registration deadline. This begins June 1, 2008 for “pre-existing” chemicals.
• Decision to use EU importers or “only representatives” for U.S. businesses’ registration should be made soon, and agreements between the U.S. business and its “only representative” should be carefully structured.
• Compliance will require companies to understand their supply chain for both raw materials and the finished product.
• REACH compliance may require companies to coordinate with their competitors.
• Proprietary information may need to be disclosed to comply with REACH.

Mr. Cohen summed up with practical considerations, including the following:

• U.S. manufacturers must be proactive in dealing with REACH.
  • Determine which products or components may be covered by REACH.
  • Identify those products that may be shipped directly, or indirectly, to the EU
  • Manufacturers may need to understand how their chemicals are used.
  • Understand your supply chain
  • Structure relationship with “only representatives,” if necessary
• Designation of a REACH coordinator is a best practice.
• A product’s components may trigger REACH considerations.
• Manufacturers should determine who will handle pre-registration and registration.
• Communication throughout the supply chain may be necessary to achieve REACH compliance.
• Companies must also take steps to safeguard proprietary information during the REACH compliance efforts.
• Manufacturers should consider conducting contract reviews and/or revisions.
• Companies affected by REACH must decide if they will take an active role or be passive in the Substance Information Exchange Forums (SIEFs) which will be formed by those manufacturers and importers of the same substance.

About Thompson Coburn LLP

Thompson Coburn LLP is a full-service law firm with offices in Chicago, St. Louis, Southern Illinois and Washington, D.C. The Firm includes more than 340 attorneys working in 35 practice areas. Thompson Coburn is the largest law firm in St. Louis (based on number of attorneys in St. Louis), and is ranked among the top law firms nationwide in the development and application of client-focused technology.