http://ec.europa.eu/environment/chemicals/reach/reviews_en.htmCommission review of Annexes I, IV, V, XI and XIII of REACH
Within the first 18 months after the entry into force of REACH (Regulation (EC) No. 1907/2006), the Commission has been tasked to carry out a number of reviews of the following Annexes of the Regulation:
* Annex I
* Annex IV
* Annex V
* Annex XI, and
* Annex XIII
The Commission will involve Member States and other stakeholders on the reviews in a sub-group of the REACH Competent Authorities.
Following the reviews, and if appropriate, the Commission will prepare amendments to the relevant Annexes to take into account the results of the reviews.
Stakeholder consultation
The Commission engaged Member States and other stakeholders on the reviews in a sub-group of the REACH Competent Authorities (CA); the Competent Authority Sub Group for the Annexes (CASG (Annexes)).
The Commission asked for nominations by CA members and observers to enable consultation covering all the reviews. The following Member States: AT, BE, DE, DK, EE, ES, FI, FR, GR, IE, IT, LT, IT, NL, SE, UK, and observers: Norway, CEFIC, REACH Alliance, CONCAWE, WWF and ETUC, were nominated and selected.
Annex I
Annex I of Regulation (EC) No. 1907/2006 (REACH) sets out the details of how to carry out a Chemical Safety Assessment and document it in a Chemical Safety Report. The Annex has been supplemented by a technical guidance document on Information Requirements and Chemical Safety Assessment, available here.
Article 138(4) mandates the Commission to carry out a review of Annex I of REACH by 1 June 2008, with a view to proposing amendments, if appropriate. As an outcome of the review, the Commission services have concluded that it is currently not appropriate to propose an amendments to Annex I.
Annex IV
Annex IV of Regulation (EC) No. 1907/2006 (REACH) sets out substances that are exempted from the registration, evaluation and downstream user provisions of REACH because sufficient information is known about the substances that they are considered to cause minimum risk because of their intrinsic properties.
Substances included in Annex IV are exempted from registration (as well as downstream user requirements and evaluation) for all their possible uses irrespective of the tonnage they are manufactured or imported (currently or in the future). Annex IV essentially reproduces the list of substances exempt from the obligation to register under the present Existing Substances Regulation (Regulation (EEC) No. 793/93).
Article 138(4) mandates the Commission to carry out a review of Annex IV of REACH before 1 June 2008, with a view to proposing amendments, if appropriate. Recital 36 also requires the review of Annex IV to take into account the application of Article 2(7)(a) and (b) and Annex XI to substances derived from mineralogical processes.
The Commission has agreed with the Member States and stakeholders a process for submission of proposals for amendments to Annex IV, criteria against which the proposals for amendment can be judged, documentation that should be provided and a timetable for completing this work. The relevant document can be found here.
On the basis of these criteria, 294 proposals for amendment by Member States and stakeholders have been received and evaluated by a consultant. Moreover, the consultant has also reviewed the existing entries in the Regulation as published in OJ L 396 of 30 December 2006 against these criteria. The final report by the consultant will be made available on this website.
As an outcome of the review, the Commission services have prepared a draft proposal for amending Annexes IV and V. After the vote in the REACH Committee on 5 June 2008, the proposal will be submitted to scrutiny by the European Parliament and Council pursuant to Article 133(4). It is foreseen that the adoption of this proposal will take place in October or November 2008.
Annex V
Annex V of Regulation (EC) No. 1907/2006 (REACH) sets out substances that are exempted from the registration, evaluation and downstream user provisions of REACH because registration is deemed inappropriate or unnecessary and their exemption does not prejudice the objectives of REACH.
Substances included in Annex V are exempted from registration (as well as downstream user requirements and evaluation) for all their possible uses irrespective of the tonnage at which they are manufactured or imported (currently or in the future). Annex V is mainly based on the reporting rules for the EINECS Inventory and reflect the experience in the operation of the Directive 67/548/EEC on classification, packing and labeling of dangerous substances, and are collected in the Manual of Decisions (MoD) to this Directive. In addition, Annex V contains a number of changes made during the legislative procedure for the adoption of REACH.
Article 138(4) mandates the Commission to carry out a review of Annex V of REACH before 1 June 2008, with a view to proposing amendments, if appropriate. Recital 36 also requires the review of Annex V to take into account the application of Article 2(7)(a) and (b) and Annex XI to substances derived from mineralogical processes.
The Commission has undertaken the review of Annex V, taking into account the comments received by Member States and stakeholders.
As an outcome of the review, the Commission services have prepared a draft proposal for amending Annexes IV and V. After the vote in the REACH Committee on 5 June 2008, the proposal will be submitted to scrutiny by the European Parliament and Council pursuant to Article 133(4). It is foreseen that the adoption of this proposal will take place in October or November 2008.
Annex XI
Annex XI sets out the general rules for adaptation of the standard testing regime (waiving) specified in the information Annexes. Part 3 of Annex XI deals with substance-tailored exposure-driven testing for sections 8.6 and 8.7 of Annex VIII, Annex IX and Annex X, where, on the basis of the exposure scenario(s) developed in the Chemical Safety Report, testing may be waived.
The Commission was given the task to adopt by 1 December 2008 practical criteria defining what constitutes adequate justification for waiving tests. Recital 38 gives guidance that the criteria should be based on experience gained through RIPs.
In May 2008, ECHA published the technical guidance document on Information Requirements and Chemical Safety Assessment, available on
http://reach.jrc.it/docs/guidance_document/information_requirements_en.htm. On the basis of the experience reflected in this guidance document, the Commission services will elaborate an amendment of Annex XI to be adopted by 1 December 2008.
Annex XIII
Annex XIII sets out the criteria for the identification of persistent, bioaccumulative and toxic (PBT) substances, and very persistent and very bioaccumulative (vPvB) substances; it does not apply to inorganic substances.
Article 138(5) mandates the Commission to carry out a review of Annex XIII by 1 December 2008. Recital 76 requires the criteria in Annex XIII to be reviewed taking into account current and new experience in the identification of these substances and if appropriate amended with a view to ensuring a high level of protection of human health and the environment.
The experience reflected in the technical guidance document on Information Requirements and Chemical Safety Assessment (link to document at
http://reach.jrc.it), from the PBT working group under Regulation (EC) No 793/93 and Directive 67/548/EEC and from the Regulation 850/2004 on Persistent Organic Pollutants will be reflected in the review of Annex XIII.
Stakeholder's comments concerning the review of Annex XIII should preferably be co-ordinated and channelled through the members and observers of the CASG Annexes (see above) with a copy to the Commission services (
ENV-REACH-annexes@ec.europa.eu,
ENTR-REACH-Annexes@ec.europa.eu).