The next key deadline under REACH is 30th November 2010. This is for registering the necessary dossiers for phase-in high volume and potentially hazardous substances. Manufacturers and importers acting as lead registrants for a particular chemical are urged to submit the common part of the dossier ahead of the deadline to provide headroom should issues arise on this part of the dossier.

Background

The Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals ("REACH") (EC) 1907/2006 is the system for controlling chemicals in the EU. REACH is coordinated by the European Chemicals Agency (ECHA) and requires the registration of substances in phases.

Dossier Registration

This particular deadline relates to registration of dossiers about each applicable substance. In most cases the dossier will consist of a common part which relates to data about the environment and health aspects of a particular chemical. Such data will have been shared by companies using that substances in what is called a "Substance Information Exchange Forum". A "lead registrant" will submit this common part. Individual companies will submit details which are specific to that company and the particular substance.

The registration dossiers are submitted electronically via the REACH-IT tool.

The 30 November 2010 deadline for registration applies to the following:

  • Phase-in substances manufactured in, or imported into, the European Community in quantities of 1,000 tonnes or more per year per manufacturer or per importer;
  • Phase-in substances classified as carcinogenic, mutagenic or toxic to reproduction, category 1 or 2 (in accordance with the Dangerous Substances Directive 67/548/EEC) and manufactured in, or imported into, the European Community in quantities reaching one tonne or more per year per manufacturer or per importer;
  • 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 the Dangerous Substances Directive 67/548/EEC and manufactured in, or imported into, the European Community in quantities reaching 100 tonnes or more per year per manufacturer or per importer;
  • For other applicable substances, the deadlines for registration are 31 May 2013 and 31 May 2018.

Changes to classification, labelling and packaging of substances

The REACH deadline is a reminder of another key registration date: 1 December 2010 under the Regulation 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures - known as the CLP.  CLP introduced new packaging and labelling requirements for various (1) substances which have to be re-classified and re-labelled from 1 December 2010 and (2) mixtures (e.g. mixtures or solutions of substances, such as paints or inks) have to be re-classified and re-labelled by 1 June 2015.

Essentially, from 1 December 2010 manufacturers and importers are required to make a Classification and Labelling notification to the ECHA.

For substances placed on the market on or after 1 December 2010 the deadline for notification is one month after the substance was first placed on the market (i.e. the first working day which is Monday 3 January 2011).

In the event of a substance having been placed on the market before 1 December 2010 but taken off the market for a period prior to and including 1 December 2010 before being placed back on the market, the registration deadline will be one month from the substance being placed back on the market after 1 December 2010.

In terms of substances or mixtures that have already been placed on the market these can continue to be supplied until 1 December 2012 and 1 June 2017 respectively.

Given that there are no tonnage limits for submitting notifications under CLP many more companies, particularly SMEs, are expected to be affected by the 1 January 2011 deadline.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 20/09/2010.