The Backstory
Those manufacturing and importing phase-in chemical substances to the European Economic Area (EEA) in annual quantities of 1-100 tonnes have until May 31, 2018 to register these substances with the European Chemicals Agency (ECHA), which represents the third and final phase-in deadline since initial phase-in registration began in 2010.
What’s Changing
The Directors Contact Group—an informal platform for discussion between ECHA and Industry Associations—recently announced that it has worked with ECHA to allow a registration deadline extension for those registrants having ordered testing by March 31, 2018, but who do not expect to receive the results by the registration deadline of May 31, 2018.
Implications
Although ECHA may offer a deadline extension, realize that enforcement authority lies with the Member States—not ECHA. In other words, while ECHA may grant an extension of the deadline, effectively allowing the manufacturing or import of an unregistered chemical substance to continue temporarily, each individual MS may choose freely whether or not to honor this deadline extension. In other words, France, for example, could individually decide that they will not honor the extension, the result being that they would hold all imports containing the unregistered substance at Customs until the registration is complete—placing a complete halt on market activity for that substance or products containing it. Therefore, manufacturers and importers are advised to try diligently to meet the May 31, 2018 deadline, exploring an extension only as a last resort. Question or concerns about your REACH compliance? Contact us, we’re here to help!
