Note: This Question & Answer (Q&A) document provides information regarding Boeing's response to the European Union's (EU) REACH (Registration, evaluation, authorization and restriction of chemicals) regulation. The REACH regulation is complex -- this Q&A document is not intended to instruct customers, suppliers or other third-parties whether or not REACH applies to them or what their specific compliance obligations, if any, may be. Customers, suppliers, and/or other third-parties are advised to seek appropriate legal or business counsel to determine REACH applicability, scope and compliance obligations, if any. No warranty is made or given regarding the accuracy, completeness or suitability of the information contained herein, and neither Boeing nor its subsidiaries, affiliates, joint ventures, officers, directors, agents or employees shall be liable for any reliance on this Q&A document by any Boeing customer or supplier or by any other third-party under any theory of law.

Nothing herein should be construed as a commitment or agreement to perform or refrain from any action or undertaking on behalf of any customer, supplier or third party. This Q&A document does not modify or amend any past, present or future contract or other agreement with any Boeing customers or suppliers nor does it or shall it create any contractual relationship with any third party.

REACH Overview | General Regulatory Questions | REACH and Boeing | Supplier Questions | Customer Airline Questions | Contact Information

Q1: What is REACH?
A: In June 2007, the European Union (EU) regulation known as REACH (Registration, Evaluation, Authorization and Restriction of Chemicals) entered into force. REACH applies to EU entities, including Boeing's EU suppliers and EU customers that import, use, or manufacture in the EU certain chemical substances. REACH is highly complex and there is ambiguity regarding its scope and requirements. However, REACH will have a broad impact on the chemical industry and will likely impact chemical products used for aerospace applications.

The major regulatory requirements of REACH relevant to Boeing are shown below. Compliance with the REACH regulation may require Boeing's EU suppliers, processors and customers to coordinate with their respective supply chains.

• Registration of substances
  Subject to certain thresholds, EU entities who manufacture or import substances on their own or in preparations and EU entities who produce or import articles (e.g., aircraft components) that contain substances intended for release must register those substances with the European Chemicals Agency (ECHA). Certain Substances may benefit from a phased-in registration schedule if the substance was pre-registered before December 1,2008.
• Notification of substances in articles
  EU Producers or importers of articles must notify ECHA if the articles contain a Substance of Very High Concern (SVHC) in concentrations greater then 0.1% of the article weight, and if the SVHC in those areticles is greater then one metric ton per year - unless there is no exposure of the SVHC to humans or the environment during normal or reasonably foreseeable conditions of use or the substance is registered for that use. Notifications for SVHCs are due six months after inclusion of those substances on ECHA's candidate SVHC list (the list of candidate SVHCs is linked here).
• Communication of safe-use information
  EU entities who produce, import, or distribute articles containing SVHCs above certain concentrations must provide users with sufficient information to allow safe use of the article. At a minimum, this requires identification of SVHCs in the article. ECHA's first candidate SVHC list, linked here, was published on October 28, 2008.
• Authorization to use SVHCs listed in Annex XIV
  EU entities must apply for authorization to place on the market for a use or to use themselves any SVHCs listed in Annex XIV of REACH. Many conditions must be satisfied for authorization to be granted for continued use of an Annex XIV listed substance beyond the substance's "sunset date". The Annex XIV Authorization List is linked here.

Q2: Where does REACH apply?
A: REACH is a European Community Regulation that directly applies in all Member States of the European Union. See EU website for EU Member States, linked here. Iceland, Liechtenstein and Norway will also apply REACH after it has been incorporated into the agreement of the European Economic Area. Substances imported in the European Community from Switzerland (a non-EU country) are treated under REACH in the same way as substances imported from any other non-EU country.

Q3: What are the "thresholds" mentioned above?
A: The EU's REACH website, linked here, has more information, The full text of the REACH regulation is linked here.

Q4: Who is responsible for compliance?
A: EU entities are responsible for compliance.

Q5: Will REACH change the existing chemical restrictions in the EU?
A: Yes, REACH will incorporate most existing restrictions, potentially add additional restrictions on current chemicals, and likely add more chemicals to be restricted. See the EU's REACH website, linked here, for more details.

Q6: Do we expect other countries to impose similar requirements? Or more strict?
A: Boeing is monitoring the situation.

Q7: What could happen if Boeing customers in the EU fail to comply with REACH requirements that may apply to Boeing articles they import?
A: Failure to comply with REACH requirements (e.g., Notification, Communication, etc.) could lead to civil and/or criminal enforcement action by EU authorities against the parties responsible for those requirements

Q8: What is Boeing's strategy for complying with REACH?
A: REACH compliance requirements apply to European Union entities. Although Boeing is not subject to these compliance requirements (aside from subsidiary operations), there is considerable impact to its suppliers and customers, as described above. Accordingly, Boeing is working on several initiatives to avoid supply chain disruptions and provide support to customers. These initiatives include communication efforts, identification of SVHCs and other at-risk materials in commercial and defense products, and continued research and development of environmentally-preferred materials and processes.

Q9: Can military products be 'exempted'?
A: Individual member states may grant substance-specific exemptions for national security reasons. Information on Member State Policies relative to defense exemptions is liked here.

Q10: Which Substances of Very High Concern (SVHCs) are on Boeing products?
A: In efforts to help its EU suppliers and customers comply with REACH requirements, Boeing is in the process of investigating the presence of listed candidate SVHCs in commercial aircraft and defense products (and in specification and maintenance materials). This investigation is on-going

Q11: Doesn't Boeing have a "duty to communicate information on substances in articles"?
A: REACH compliance requirements apply to European Union entities. Boeing's EU suppliers and customers may need to provide safe-use information for articles (e.g., aircraft, spare parts) containing SVHCs to users or consumers of those articles. Where applicable, Boeing is prepared to help suppliers and customers comply with these communication requirements.

Q12: Will Boeing eliminate all the chemicals on the candidate SVHC list from its products?
A: The candidate SVHC list does not require elimination of chemical substances from any products. The EU agency will gather data on the chemicals' use, health and environmental impacts and availability/feasibility of alternatives before determining if candidate SVHC list chemicals should be subjected to authorization. If specific chemicals used on Boeing products become subject to authorization, Boeing will work with its suppliers and customers as appropriate to identify compliant alternatives.

Q13: Which SVHCs will be placed on Annex XIV and will Boeing seek authorization for their continued use?
A: SVHCs placed in Annex XIV are linked here. Boeing will work with its suppliers and customers to determine potential impacts and, if appropriate, identify alternatives for use in the EU. If alternatives are not available, Boeing will support applications for authorization to allow the continued use (where needed) or those substances.

Q14: How is the aerospace industry responding?
A: See the AeroSpace and Defence (ASD) Industries Association of Europe website, linked here. ASD and its national aerospace associations have cooperated to create REACH dedicated working groups to assist the aerospace industry in preparing for and implementing the REACH requirements. As a key partner of the European aerospace community, Boeing is engaging in these, initiatives through the UK Aerospace, Defence and Security Association (AIDIS).

Q15: What is an Only Representative, and will Boeing be designating one?
A: Manufacturers who export products to the EU may appoint a natural or legal person established in the European Community (an Only Representative) to fulfill the obligations on importers under REACH. Boeing will not be designating an Only Representative.

Q16: What is Boeing telling its suppliers?
A: Boeing sent out an Enterprise communication reminding suppliers of their contractual obligation to comply with laws, their need to inform Boeing Procurement Agents of potential chemical reformulations, and the possibility that they may later be asked for chemical composition information on supplied materials and parts. Any updated communication can be found on the REACH page of Boeing's external Environmental Support Website, linked here.

Q17: How many Boeing suppliers are or may be affected by REACH?
A: Boeing has several hundred European suppliers and processors who may be impacted by REACH. The full extent of the impact is unknown at this time, and will depend on which substances are listed as SVHCs and placed on the Annex XIV Authorization. Non-EU suppliers may also be impacted to a lesser degree.

Q18: Will suppliers be required to complete AS9535 "Substance Declaration Standard" forms or otherwise declare the chemical composition of materials, parts, or assemblies supplied to Boeing?
A: Boeing does not plan to require that suppliers submit full declaration via AS9535 or other material-declaration standards. However, disclosure of SVHC content in specific assemblies is being requested of targeted suppliers

Q19: Will Boeing suppliers be required to eliminate SVHCs in supplier materials, parts, and assemblies?
A: REACH does not require the elimination of SVHCs in articles. However, SVHCs that are listed on the Annex XIV Authorization List, linked here, will be restricted from use in the EU on their listed sunset dates. Boeing is analyzing the impact of Annex XIV listed substanes (see Q13) and is prepared to support applications for authorization to allow the continued use (where needed) of Annex XIV listed substances. Boeing's EU suppliers who use chemical mixtures containing Annex XIV listed substances are encouraged to contact Boeing for assistance.

Q20: Should Boeing suppliers be looking to remove SVHCs from supplied materials, parts, and assemblies?
A: Suppliers need to continue working to contract requirements, including process and material specifications, drawings, and other requirements imposed upon them. As contractually required, suppliers of specification materials should notify their Boeing Procurement Agent if they plan to reformulate materials. Requalification of materials can be a costly and time-consuming process. Flammability and certification requirements may also need to be verified if parts and assemblies are constructed from new materials. Suppliers in the EU must also comply with all applicable regulatory requirements which may include downstream user requirements (see ASD guidance, linked here)

Q21: How are Boeing's sub-tier "D1-4426" approved processors impacted by REACH?
A: Qualified processors in the EU are subject to the REACH regulation and may be impacted as importers, downstream users, and/or manufacturers.

Q22: Will REACH affect movement of parts and materials between suppliers?
A: Parts imported into the EU, manufactured in the EU, or otherwise placed on the market within the EU are all subject to REACH. In particular, parts supplied to any professional or industrial users within the EU are subject to the Communication of safe-use information requirements if the part supplied contains SVHC(s) above a certain threshold concentration.

Q23: Boeing is a supplier to our company -- who do we contact for REACH inquiries?
A: Boeing has several sites around the world that supply parts to other companies. If your company buys parts from a Boeing site, and you need to inquire about the composition of those parts and/or the REACH-readiness of that site, please direct those inquiries to the appropriate contact for supplier issues.

Q24: What is Boeing doing to support its customers?
A: Boeing has established an ongoing dialogue with its European customers to better understand their situation and support their potential compliance needs.

Q25: Would the communication (of safe-use information) requirement come back to Boeing?
A: Customers may ask for data to support their compliance requirements.

Q26: Will Boeing need to report the SVHC content of delivered products to customers?
A: If requested, Boeing would provide reasonably available information. Information on Boeing designed parts is available on the Boeing PARTS Page, available on the MyBoeingFleet website

Q27: If asked by customers, will Boeing provide information about the composition of Buyer Furnished Equipment (BFE)? What about Customer variations?
A: Boeing will focus on providing composition data for delivered products, as necessary.

Q28: Who do I go to for additional information?
A: BCA supplier issues: paul.r.hogben@boeing.com

BCA customer airline and Commercial Aviation Services (CAS) issues: barbara.j.thompson@boeing.com.

Other BCA/internal issues: robin.g.bennett@boeing.com

Defense, Space and Security (BDS) supplier contract issues: dennis.c.johnson@boeing.com

BDS technical and other issues: john.d.patterson4@boeing.com

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