Things that matter: publication of a new Implementing Regulation concerning the rules applicable to phase-in substances

October 2019

A new Implementing Regulation ((EU) 2019/1692 of 9 October 2019) concerning the rules applicable to phase-in substances has been published on the Official Journal of the European Union on the 10th of October 2019.

The regulation deals with the following issues:

  • Calculation of the tonnage band on a yearly basis starting from the 1/1/2020 (article 1).
  • Less stringent information requirements for certain phase-in substances, if they are registered at the lowest tonnage band, between 1 and 10 tonnes per year, and do not meet the criteria listed in Annex III to REACH (article 2).
  • The applicability of data sharing obligations after the registrations, according to the REACH Regulation and to the Implementing Regulation on Data sharing (article 3).
  • Data sharing disputes on phase-in substances will be regulated by article 30 REACH only until the 31/12/2019. Afterwards, they will fall under article 27 REACH (article 4.1).
  • The obligation for potential registrants to submit an inquiry starting from the 1/1/2020 according to article 26 REACH, as pre-registrations will no longer be valid (article 4.2).

Finally, please note that Whereas 5 encourages registrants to reinforce their cooperation and to use informal communication platforms to meet their registration and data sharing obligations.

The Implementing Regulation will enter into force on the 20th day following its publication. The text of the Implementing Regulation is available on the Official Journal of the European Union.