Graphite and Mica: Focus on REACH Compliance

What does REACH mean?

REACH is a regulation of the European Union that fundamentally governs the handling of chemical substances within the EU. The aim of the REACH Regulation is to significantly improve the protection of human health and the environment from potential risks posed by chemical substances. At the same time, it is intended to foster innovation and ensure the competitiveness of European industry.

The name REACH stands for Registration, Evaluation, Authorisation and Restriction of Chemicals. These four elements form the central foundation of the regulation and describe how substances are recorded, checked and, if necessary, regulated within the EU. The REACH Regulation has been in force since 1 June 2007 and applies directly in all EU member states.

A fundamental principle of REACH compliance is what is known as the reversal of the burden of proof. It is not the authorities who must prove that a substance is dangerous, but rather companies themselves are required to demonstrate that the substances they manufacture, use, or place on the market can be used safely. REACH thus deliberately shifts responsibility towards industry and ensures greater transparency throughout the supply chain.

Key Aspects of REACH Compliance

For companies, REACH compliance means not only fulfilling legal obligations but also providing transparency, safety, and responsibility throughout the supply chain.

• Scope: The REACH Regulation applies to almost all products and materials. It covers not only chemical substances but also articles such as electronics, furniture, components, or everyday products.
• Core Obligations: A key aspect of REACH compliance is dealing with substances of very high concern (SVHC). Substances included in the ECHA candidate list must not exceed a concentration of 0.1% or are subject to special information and notification requirements. Additionally, restrictions according to Annex XVII of the REACH Regulation must be observed.
• Demonstrating Compliance: In practice, compliance with REACH requirements is documented via supplier declarations of conformity or certificates from independent testing and certification bodies.
• Information Obligation Throughout the Supply Chain: Suppliers are obliged to actively inform their customers if a product contains SVHCs at a concentration of more than 0.1%. This duty applies regardless of whether the product is intended for industrial or private use.
• Registration Obligation: Substances manufactured or imported into the EU in quantities of at least one tonne per year must be registered with the European Chemicals Agency (ECHA). These substances cannot be placed on the market without valid registration.

The Core Elements of the REACH Regulation

The REACH Regulation is structured around four central processes that collectively ensure risks are identified, evaluated, and controlled at an early stage.

Registration

Registration is the first and fundamental step in the REACH system. Companies that manufacture or import relevant quantities of chemical substances into the EU must register these substances with the European Chemicals Agency (ECHA).

During registration, comprehensive information about a substance is provided, including its physico-chemical properties, potential hazards for people and the environment, and safe conditions of use. Companies registering the same substance collaborate and share available data.

Importance of Registration:

Registration creates transparency. It ensures that fundamental knowledge about substances is systematically collected and made centrally available. Without registration, a substance cannot generally be placed on the market in the EU. REACH thus rigorously implements the principle “no data, no market”.

Evaluation

After registration, the submitted data is evaluated. This assessment is carried out both by ECHA and by the responsible authorities of the EU member states. The aim is to check whether the information is complete and whether there are indications of risks to humans or the environment that require further investigation.

Individual substances can be specifically selected for further scrutiny, for example if there are doubts about the data or new scientific findings become available.

Importance of Evaluation:

Evaluation ensures that data provided is not only formally complete but also substantively reliable. It acts as a control mechanism and enables authorities to identify potential risks at an early stage and initiate further measures if necessary.

Authorisation

Authorisation concerns substances of very high concern, known as SVHCs (Substances of Very High Concern). These include, among others, substances that are carcinogenic, toxic for reproduction, persistent, or bioaccumulative.

Such substances may only continue to be used if explicit authorisation has been granted. Companies must demonstrate that the risks are controlled or that there are no suitable alternatives.

Importance of Authorisation:

Authorisation is a key steering instrument of REACH. It is intended to ensure that especially hazardous substances are gradually replaced wherever this is technically and economically feasible. At the same time, it compels companies to actively consider alternatives and drive innovation.

Restriction

In addition to authorisation, substances or certain uses of substances can be restricted or prohibited. Restrictions apply throughout the EU and are implemented if there is an unacceptable risk to human health or the environment that cannot be adequately controlled.

Restrictions may apply to particular uses, certain products or to the substance as a whole.

Importance of Restriction:

Restrictions are the strictest tool within REACH. They serve the immediate protection of health and the environment and ensure that particularly critical risks can be quickly and comprehensively reduced.

Benefits of REACH Compliance

The REACH Regulation establishes a binding framework for the safe handling of chemical substances in the European Union. Consistent REACH compliance offers companies clear benefits: it provides legal certainty, improves transparency throughout the supply chain, and strengthens customer and partner trust. At the same time, the REACH Regulation supports sustainable material selection and fosters innovation by encouraging the responsible use of substances and the development of safer alternatives.

• Legal security for companies: REACH-compliant substances and materials meet the legal requirements of the EU. This significantly reduces the risk of sales bans, supply interruptions or subsequent restrictions.
• High transparency throughout the supply chain: Clearly regulated information requirements ensure that all parties involved know which substances are used and under which conditions they can be used safely. This makes collaboration, documentation and compliance much easier.
• Protection of people and the environment: REACH helps to identify and minimise potential health and environmental risks at an early stage. Companies thus make an active contribution to occupational safety, consumer protection, and environmental protection.
• Increased trust among customers and partners: REACH compliance signals responsibility, quality, and reliability. For many customers, it is a key decision criterion when choosing suppliers and materials.
• Long-term planning security: Materials that are REACH compliant are considered more future-proof, as they are not affected by bans or major restrictions at short notice. This eases investment and product planning.
• Promotion of innovation and sustainable solutions: The requirements of REACH motivate companies to develop less hazardous alternatives and continuously improve processes. This strengthens innovative strength and competitiveness.
• Better market and competitive position: REACH-compliant products can be traded freely within the EU. They also offer advantages with international customers who view European standards as a benchmark for quality.
• Reduced liability and reputational risks: Documented substance knowledge and safe applications help to hedge liability issues and avoid reputational damage.

REACH Compliance for Mica, Natural Graphite and Expanded Graphite

The regulatory classification of mica and graphite under the REACH Regulation requires a nuanced approach. The key question is whether the substance is naturally occurring and unmodified or a chemically modified product. This results in different registration obligations.

Natural Graphite and Mica: No Registration Requirement

Our natural graphites and mica fall under the exemptions in the REACH Regulation for certain naturally occurring substances. Since they are not chemically modified, there is no registration requirement for these materials. This status is clearly documented in our technical data sheets and safety data sheets. For our customers, this means that natural graphite and mica in the supplied form do not need to be REACH registered.

Irrespective of this, all regulatory aspects are of course checked. This especially includes the assessment regarding substances of very high concern and compliance with possible restrictions according to Annex XVII of the REACH Regulation. Even for substances exempted from registration, the obligation for transparency and compliance with applicable limits remains.

Expanded Graphite: Registration Required Due to Chemical Modification

The situation is different for expanded graphite. This is produced by chemically treating natural graphite. Due to this modification, the registration requirement under REACH applies. Expanded graphite must therefore be registered with the European Chemicals Agency. Registration covers comprehensive data on substance identity, properties, safe use and risk assessment.

We have actively participated in the registration process for expanded graphite as part of a consortium. This means that we are not only users of regulatory requirements, but were involved in substance assessment and data collection. For our customers, this provides additional reassurance regarding regulatory stability and well-founded substance knowledge.

Documentation and Supply Chain Transparency

For both exempted natural substances as well as registered expanded graphite, REACH compliance must be traceably documented. This is done via safety data sheets, technical documentation and appropriate statements on regulatory classification. For downstream companies, this transparency is critical. It forms the basis for their own conformity evaluations and ensures legal certainty throughout the entire value chain.