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Position Statement of Emerson Network Power Concerning the EU REACH Regulation

Emerson Network Power (a strategic business unit of Emerson Electric Co, St. Louis, Missouri), Embedded Computing & Power, is aware of, and assessing, developments in European Union legislation regarding the registration, evaluation, authorisation and restriction of chemicals pursuant to the REACH Regulation (EC) 1907/2006.

Emerson Network Power is aware that under the REACH Regulation, which entered into force on 1 June 2007, the "manufacturer" and "importer" as well as "downstream user" of chemical substances, on their own, in preparations or in articles, that fall within the definitions of the REACH Regulation will bear certain responsibilities with respect to manufacturing, importation, placing on the market and use of chemical substances. In particular, these obligations may include, inter alia, the following:

  • Since 1 June 2008, manufacturers and importers have been under the obligation of registration of substances on their own, in preparations or in articles (under special conditions) prior to their manufacture or placing on the market in quantities of more than 1 tonne per year, by, inter alia, submitting a technical report and a chemical safety report; since transitional registration deadlines apply regarding phase-in substances which have been pre-registered between 1 June 2008 and 1 December 2008, pre-registration of phasein substances is of utmost importance.
     
  • An authorization will be required for certain uses of substances of very high concern (SVHC) included in Annex XIV. A candidate list is expected in the second half of 2008 and the European Chemicals Agency will publish its first recommendations for substances to be included in Annex XIV by 1 June 2009.
     
  • Suppliers of articles containing SVHC above a concentration limit of 0.1 % w/w must provide the recipient of the article and, upon request, the customer with information on the SVHC to allow safe use of the article.
     
  • SVHC contained in an article above a concentration of 0.1 % w/w and present in the articles above 1 tonne per year per producer/importer must be notified to the European Chemicals Agency within 6 months after their inclusion in the candidate list, starting from 1 June 2011.
     
  • Downstream users are under the obligation to consider the safety of their uses of substances and to implement and communicate down the supply chain the appropriate risk management measures in accordance with the safety data sheets received or prepared by them (if supplier of a preparation) or communicated to them by the supplier by other means. Emerson Network Power has set up internal working groups which are in the process of assessing the scope of application of this Regulation to its business and products and devising mechanisms to ensure that Emerson Network Power and the products which it sells will comply with the Regulation's provisions applicable to the role of Emerson Network Power in the supply chain with regard to each respective product.
     

The compliance measures of Emerson Network Power will, inter alia, include a close cooperation with the European Chemicals Agency as well as the responsible national authorities whenever required and a timely submission of all relevant communications to the European Chemicals Agency.

Furthermore, Emerson Network Power is in contact with its suppliers to ensure that the required pre-registrations and registrations will be effected.

Emerson Network Power will make its best efforts to obtain all information on the substances used in order to assess the risks arising from the uses and to ensure that the risks which the substances may present are properly managed and in order to pass the required information up and down the supply chain. In particular, Emerson Network Power is working with its suppliers to ensure that it receives all necessary information on SVHC in order to be able to fulfil its related obligations, inter alia, to ensure notification requirements are met, if applicable, and to pass the relevant information about SVHC on to its customers.

Any present and future restrictions on particular substances will be closely adhered to.

Should you have any questions regarding the application of this Regulation and how it may affect your transactions with Emerson Network Power, please contact your usual contact Emerson Network Power in the first instance or Edwin Tuazon, email: Edwin.Tuazon@emerson.com.