EU - New Rules for the Application of REACH Authorization and Report Review

​Article 56(1) of Regulation (EC) No 1907/2006 (REACH Regulation) sets out an authorisation requirement for the placing on the market and the use of substances of very high concern listed in Annex XIV to that Regulation. The Commission announced that it was considering simplifying the authorisation process in some specific cases. Simplifying the applications for continued use of substances of very high concern (SVHC) in the production of legacy spare parts after the sunset dates referred to in Annex XIV of REACH Regulation was identified as one of the actions in the Commission Communication of March 5, 2018 ‘Commission General Report on the operation of REACH and review of certain elements’​.

The non-availability of spare parts or the impossibility to repair articles or complex products no longer produced without that substance would lead to the premature obsolescence of those articles or complex products before the end of their lifetime use and therefore to their premature disposal, likely causing high costs to operators, consumers or society. Moreover, the number of uses and quantities of the substance used for such spare parts are expected to decrease, leading to a diminishing impact on human health and the environment associated with the exposure to or emission of the substance used.  

Therefore, the applications for authorization for the use of a substance in such circumstance​ should result in a reduction of the workload for the European Chemicals Agency (ECHA) in assessing applications for authorization in those specific cases. The application fees and charges applicable to the review of authorizations granted for those uses are also reduced.

As a result, Commission Implementing Regulation (EU) 2021/876 lays down new rules for the application of REACH authorization and review reports for the uses of substances in the production of legacy spare parts and in the repair of articles and complex products no longer produced and amends Commission Regulation (EC) No 340/2008 on the fees and charges payable to the ECHA pursuant to REACH Regulation.