New control on the import of certain chemicals

On February 10, 2023, a new control on the import of chemicals came into effect as a result of the application of Annex XVII of Regulation 1907/2006 on the registration, evaluation, and authorization of chemicals, as well as the restrictions applicable to these substances (REACH).

This annex can be found starting on page 397 of Regulation 1907/2006, published by the European Parliament and the Council of the European Union, concerning restrictions on the manufacture, placing on the market, and use of certain substances, preparations, and dangerous substances (REACH) measure type 761 (REACH import control).

What are the new features of this control?

• The import of these products is conditioned upon compliance with the restrictions defined in Annex XVII of Regulation 1907/2006 L-396 (30-12-2006) (CELEX 32006R1907) (Box code 44 of the SAD: Y106).
• Authorization will not be required for the cases defined in Article 67, paragraphs 1 and 2 (Box code 44 of the SAD: Y110).
• For products not subject to the provisions of Regulation 1907/2006 L-396 (30-12-2006) (CELEX 32006R1907), code Y113 will be indicated in box 44 of the SAD.

What is REACH?

REACH stands for the Regulation (EC) No 1907/2006 on the registration, evaluation, authorization, and restriction of chemicals. In the European Economic Area, the manufacture or import of a certain chemical substance in quantities equal to or greater than one tonne per year must be registered in the REACH database.

It came into force on June 1, 2007, but as noted by the Spanish Ministry for Ecological Transition and Demographic Challenge, it is a "living" regulation, whose annexes are periodically modified, for example, when it is necessary to include new substances in Annex XIV (List of substances subject to authorization) or when it is necessary to modify or add a restriction in Annex XVII.

To which products does the REACH regulation apply?

REACH applies to all chemical substances, those linked to industrial activity, and those present in our daily lives, such as cleaning products and paints, clothing, furniture, appliances, etc. Substances not registered in the regulation cannot be marketed or used.

Which companies does the REACH regulation affect?

• Manufacturers of substances and chemical products intended for sale or for other companies.
• Importers of chemical substances and mixtures or products such as clothing, furniture, or plastic items from outside the EU.
• Distributors who store and market chemical substances or mixtures.
• Intermediate users who use chemical substances or mixtures in the course of a business or professional activity.

Registration, the first mandatory step for companies

Registration with the European Chemicals Agency (ECHA) is mandatory for companies intending to manufacture or import a particular substance in quantities equal to or greater than one tonne per year.

Do you want more information? The ECHA Agency has a section where it answers frequently asked questions about the processes and regulations of the REACH regulation.

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