Everything about registration deadlines under REACH

• The REACH Regulation creates a special transition regime for phase-in substances. In order to benefit from the extended registration deadlines for phase-in substances, these substances must be pre-registered. Depending on its intrinsic properties and its tonnage, a pre-registered substance needs to be registered by 1 December 2010, 1 June 2013 or 1 June 2018 as you can see below:

• Non-phase-in substances and phase-in substances which have not been pre-registered must be registered before manufacture or import can continue. In this case the registrant must wait before continuing manufacture or import (Article 21 of the REACH Regulation). Prior to registration of such substances, the manufacturer or importer has a duty to make an inquiry to ECHA regarding any previous registration for that substance.

Is it possible to benefit from the specific provisions for phase-in substances, if the substance was not pre-registered by 1 December 2008?

In order to benefit from the extended registration deadlines for phase-in substances, they needed to be pre-registered between 1 June 2008 and 1 December 2008. However, in the case of a manufacturer or importer who manufactures or imports a substance in quantities of 1 tonne or more per year for the first time after the pre-registration deadline (1 December 2008) has passed a pre-registration may still be submitted. In this case, the manufacturer or importer can still benefit from the extended registration deadlines for phase-in substances even though he did not pre-register within the deadline for pre-registration. According to Article 28(6) of the REACH Regulation, first-time manufacturers or importers must pre-register within six months after first manufacture or import over the one-tonne threshold, and not later than 12 months before the relevant deadline for registration. First-time manufacturers or importers will therefore have to submit their pre-registration before 1 December 2009 (expired), 1 June 2012 or 1 June 2017, whichever is relevant.

For how long is it allowed to sell phase-in substances from stock without registration?

Article 5 of the REACH Regulation (“no data, no market”), that applies from 1 June 2008, states that substances shall not be manufactured in the Community or placed on the market unless they have been registered in accordance with the relevant provisions of Title II where this is required. Placing on the market means supplying or making available, whether in return for payment or free of charge, to a third party. Import shall be deemed to be placing on the market (Article 3(12) of the REACH Regulation).

Based on these articles, it follows that:

1. Substances manufactured before 1 June 2008 but not placed on the market in accordance with the definition above, need to be pre-registered (or registered as non phase-in substance) for being placed on the market after 1 June 2008.
2. Quantities of substances on their own, in preparation or in articles that have already been placed on the market or imported before 1 June 2008 may be further used without (pre)registration provided that the placing on the market before 1 June 2008 can be documented.