A draft Commission Implementing Regulation (Ares (2019)7784994 - 18/12/2019) has been published to amend the REACH regulation by including fixed time periods for updating dossiers. This will give the enforcement authorities the ability to take action where registrants appear to unduly delay the updating of their dossiers.
To facilitate compliance with, and enforcement of, Article 22(1) of REACH, specific deadlines for each update obligation will be set. The proposed deadlines specified by the Implementing Regulation will be as short as possible, taking into account what is reasonably expected to be attainable by registrants.
The specific deadlines will be maximum time limits and exceeding the deadline imposed would automatically lead to the conclusion that an undue delay had occurred in updating the registration.
The following are examples of some of the proposed time limits from the Implementing Regulation:
Examples of where the maximum time limit of 3 months would apply:
Examples of where the maximum time limit of 6 months would apply:
Changes in the classification and labelling of the registered substance
In the case of a change that is due to the addition, modification or deletion of a harmonised classification in Annex VI to CLP/GHS, it is proposed that the registration shall be updated and submitted to the Agency no later than the date which that change is to apply.
This would require the registrant to monitor the ATPs to CLP/GHS, publication of CLH dossier decisions on the ECHA website, CoRAP reports, etc., so they can update their dossiers by the required date.
Updates or amendments of the Chemical Safety Report (CSR)
The registration shall be updated and submitted to the Agency no later than 12 months from the date when the need to update or amend the CSR or the guidance on safe use referred to in Section 5 of Annex VI of that Regulation was identified.
What is next?
The draft Implementing Regulation has been published for public consultation and the deadline for submitting comments was the 15th January 2020. If the draft Implementing Regulation comes into force in its current form it will be important to ensure your registrations are kept up to date. It will be important to take note of the different time limits for dossier updates, monitor ATPs for CLP/GHS so you are aware of the implementation dates and regularly check the ECHA website for updates on CoRAP and CLH dossiers etc. More information can be found here.
If you require further information, please contact;
email@example.com or firstname.lastname@example.org
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