REACH Registration 2018 Deadline Approaching

The phase-in deadline for the 1-100 tonnes per year band (Annex VII/VIII) under the EU Registration, Evaluation and Authorisation of Chemicals (REACH) Regulation has been set at May 31st 2018.

REACH covers a wide range of chemicals, including agrochemical intermediates and co-formulants. Companies need to submit their registration dossiers by this date in order to continue manufacturing/importing their substances into the EU market.

Any company that manufactures or imports a mixture of substances, such as in a formulation, into the EU also needs to ensure that each individual substance in that mixture is covered by REACH if that substance is imported (inside the mixture) at a rate higher than 1 tonne per year.

Companies that have not pre-registered their substances for the 1-100 tonnage band, need to do so by May 31st 2017 by submitting a “late pre-registration” to benefit from the extended registration deadline to May 31st 2018, providing that they meet the criteria for being able to do so. It is important to note that late pre-registration is only obligatory if a company wants to benefit from the extended registration deadline. However, if a company neither does, nor cannot (late) pre-register for this tonnage band, then that company must submit an enquiry to the European Chemicals Agency (ECHA) and submit a registration dossier. It will not be able to continue to manufacture/import the substance in the EU until a minimum of three weeks after dossier submission, unless the ECHA states otherwise.

Companies that are eligible to perform a late pre-registration will be placed either in a pre-SIEF (substance information exchange forum) or a SIEF dependent on various factors.

In the case of a company joining the SIEF for a substance already registered in Annex IX/X, they would need to negotiate access to the data relevant to their tonnage band, after which they will be able to submit a member registration dossier before the May 31st 2018 deadline.

In the case of a substance that has not been previously registered at a higher tonnage band, then a company within the SIEF would need to become the “lead registrant”. The members of the SIEF should determine what relevant data are available, agree on data-sharing where applicable and determine any necessary testing required for Annex VII/VIII. It may be possible to waive certain tests if justification is provided within the adaptation requirements of the REACH regulation.