The Commission Clarifies the Fate of Phase-In Substances

The REACH Regulation contains several provisions for the transitional registration of phase-in substances, or substances that were already on the EU market when REACH was adopted. Phase-in substances that had been pre-registered under REACH benefitted from phased registration deadlines depending on the volumes of chemicals manufactured or imported. With the last of these registration deadlines having passed on 1 June 2018, the Commission clarifies, with a new Implementing Regulation, how these provisions will be applied in the future. 

The Commission's Implementing Regulation on the expiry of the last registration deadline for phase-in substances was adopted on 9 October 2019. It contains the following four measures: 

1. The method for calculating quantities per year for phase-in substances continues to apply only until 31 December 2019. After that date, quantities of substances that used to have phase-in status will have to be calculated by calendar year, no longer based on an average of the three preceding years.
2. The less stringent data requirements for the registration of certain low volume phase-in substances will continue to apply in order "to ensure equal treatment." This means that registrations meeting the criteria of Article 12(1)(b) of REACH will continue to benefit from these reduced data requirements even if they concern on-phase-in substances.
3. The Implementing Regulation confirms that data sharing obligations in REACH and the Implementing Regulation 2016/9 on data sharing continue to apply after the last registration deadline. Registrants are encouraged to use informal communication platforms such as the substance information exchange for a (SIEFs) provided by REACH for phase-in substances. The Regulation is silent on the fate of existing SIEFs.
4. Pre-registrations of phase-in substances are only valid until 31 December 2019. Until that date, registrants who (pre-)registered a phase-in substance:

a. are not required to follow the inquiry process of Article 26 of REACH; and

b. can continue to rely on the data-sharing dispute process for phase-in substances provided in Article 30 of REACH. 

The Commission Regulation will enter into force on 30 October 2019 and become directly applicable in the EU as of that date.