phase-in substances
PREAMBLE: REACH - Registration, Evaluation, Authorisation and Restriction of Chemicals [
go to this PREAMBLE]
... (42) To avoid overloading authorities and natural or legal persons with the work arising from the
registration of
phase-in substances already on the internal market, that
registration should be spread over an appropriate period of time, without introducing undue delay. Deadlines for the
registration of these
substances should therefore be set. ...
... (53) In order to allow a potential registrant of a phase-in substance to proceed with his
registration, even if he cannot reach agreement with a previous registrant, the
Agency, on request, should allow use of any summary or robust
study summary of tests already submitted. The registrant who receives these data should be obliged to pay a contribution to the
costs to the owner of the data. For non-
phase-in substances, the
Agency may ask for evidence that a potential registrant has paid the owner of a
study before the
Agency gives permission for the potential registrant to use that information in his
registration. ...
... (54) In order to avoid duplication of work, and in particular to avoid duplication of testing, registrants of
phase-in substances should
pre-register as early as possible with a database managed by the
Agency. A system should be established in order to provide for the establishment of
Substance Information Exchange Forums (SIEF) to help exchange of information on the
substances that have been
registered. SIEF participants should include all relevant actors submitting information to the
Agency on the same phase-in substance. They should include both potential registrants, who must provide and be supplied with any
information relevant to the
registration of their
substances, and other participants, who may receive financial compensation for
studies they hold but are not entitled to request information. In order to ensure the smooth functioning of that system they should
fulfil certain obligations. If a member of a SIEF does not fulfil his obligations, he should be penalised accordingly but
other members should be enabled to continue preparing their own
registration. In cases where a substance has not been
pre-registered, measures should be taken to help
downstream users find alternative sources of
supply. ...
... 30. per year: means per calendar year, unless stated otherwise, for
phase-in substances that have been imported or manufactured for at least three consecutive years, quantities per year shall be calculated on
the basis of the average production or
import volumes for the three preceding calendar years; ...
ARTICLE-12: Information to be submitted depending on tonnage [
go to this ARTICLE]
... (a) the information specified in Annex
VII for non-
phase-in substances, and for
phase-in substances meeting one or both of the criteria specified in Annex
III, manufactured or imported in quantities of one tonne or more per year per manufacturer or
importer; ...
... (a) the information specified in Annex
VII for non-
phase-in substances, and for
phase-in substances meeting one or both of the criteria specified in Annex
III, manufactured or imported in quantities of one tonne or more per year per manufacturer or
importer; ...
... (b) the information on physicochemical properties specified in Annex
VII, section 7 for
phase-in substances manufactured or imported in quantities of one tonne or more per year per manufacturer or
importer which do not meet either of the criteria specified in Annex
III; ...
... The
Agency shall undertake the completeness check within three weeks of the submission date, or within three months of the relevant
deadline of Article
23, as regards
registrations of
phase-in substances submitted in the course of the two-month period immediately preceding that deadline. ...
ARTICLE-21: Manufacturing and import of substances [
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... In the case of
registrations of
phase-in substances, such a registrant may continue the manufacture or
import of the substance or production or
import of an article, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three weeks after the submission date or, if submitted within the two-month period before the relevant deadline
of Article
23, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three months from that deadline, without prejudice to Article
27(8). ...
ARTICLE-23: Specific provisions for phase-in substances [
go to this ARTICLE]
... Specific provisions for phase-in substances ...
... (a)
phase-in substances classified as carcinogenic,
mutagenic or
toxic to reproduction, category 1 or 2, in accordance with Directive 67/548/EEC and manufactured in the Community or imported,
in quantities reaching one tonne or more per year per manufacturer or per
importer, at least once after 1 June 2007; ...
... (b)
phase-in substances classified as
very toxic to aquatic organisms which may cause long-term adverse effects in the aquatic environment (R50/53) in accordance with Directive
67/548/EEC, and manufactured in the Community or imported in quantities reaching 100 tonnes or more per year per manufacturer
or per
importer, at least once after 1 June 2007; ...
... (c)
phase-in substances manufactured in the Community or imported, in quantities reaching 1000 tonnes or more per year per manufacturer or per
importer, at least once after 1 June 2007. ...
... 2. Article
5, Article
6, Article
7(1), Article
17, Article
18 and Article
21 shall not apply until 1 June 2013 to
phase-in substances manufactured in the Community or imported, in quantities reaching 100 tonnes or more per year per manufacturer or per
importer, at least once after 1 June 2007. ...
... 3. Article
5, Article
6, Article
7(1), Article
17, Article
18 and Article
21 shall not apply until 1 June 2018 to
phase-in substances manufactured in the Community or imported, in quantities reaching one tonne or more per year per manufacturer or per
importer, at least once after 1 June 2007. ...
ARTICLE-28: Duty to pre-register for phase-in substances [
go to this ARTICLE]
... 7.
Manufacturers or
importers of
phase-in substances in quantities of less than one tonne per year that appear on the list published by the
Agency in accordance with paragraph 4 of this Article, as well as
downstream users of those
substances and third parties holding information on those
substances, may submit the information referred to in paragraph 1 of this Article or any other relevant information to the
Agency for those
substances, with the intention of being part of the substance information exchange forum as referred to in Article
29. ...
ARTICLE-37: Downstream user chemical safety assessments and duty to identify, apply and recommend risk reduction measures [
go to this ARTICLE]
... For
phase-in substances, the manufacturer,
importer or downstream user shall comply with this request and with the obligations laid down in Article
14 before the relevant deadline in Article
23 has expired, provided that the downstream user makes his request at least 12 months before the deadline in question. ...
ARTICLE-43: Procedure and time periods for examination of testing proposals [
go to this ARTICLE]
... 1. In the case of non
phase-in substances, the
Agency shall prepare a draft decision in accordance with Article
40(3) within 180 days of receiving a
registration or downstream user report containing a testing proposal. ...
... 2. In the case of
phase-in substances, the
Agency shall prepare the draft decisions in accordance with Article
40(3): ...
ARTICLE-119: Electronic public access [
go to this ARTICLE]
... (f) the name in the
IUPAC Nomenclature for non-
phase-in substances which are dangerous within the meaning of Directive 67/548/EEC for a period of six years; ...
ARTICLE-VII: STANDARD INFORMATION REQUIREMENTS FOR SUBSTANCES MANUFACTURED OR IMPORTED IN QUANTITIES OF ONE TONNE OR MORE [64] [
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... (a) non-phase-in substances manufactured or imported in quantities of 1 to 10 tonnes; ...
... (b)
phase-in substances manufactured or imported in quantities of 1 to 10 tonnes and meeting the criteria in Annex
III in accordance with Article
12(1)(a) and (b); and ...
ARTICLE-XI: GENERAL RULES FOR ADAPTATION OF THE STANDARD TESTING REGIME SET OUT IN ANNEXES VII TO X [
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...
Substances whose physicochemical, toxicological and ecotoxicological properties are likely to be similar or follow a regular pattern
as a result of structural similarity may be considered as a group, or "category "of
substances. Application of the group concept requires that physicochemical properties, human health effects and environmental effects
or environmental fate may be predicted from data for reference substance(s) within the group by interpolation to other
substances in the group (read-across approach). This avoids the need to test every substance for every endpoint. The
Agency, after consulting with relevant stakeholders and other interested parties, shall issue guidance on technically and scientifically
justified methodology for the grouping of
substances sufficiently in advance of the first
registration deadline for
phase-in substances. ...