As a pre-requisite, a new lead registrant must have been appointed. All SIEF members concerned must provide the required documentation and contact ECHA individually (not only the lead registrant) in order to fall under the exception.
If you believe your situation is covered by this issue, please contact ECHA by using the link below, and select the option “REACH” and then "Regulatory obligations” and “Registration” in the drop down menus. Please, explain clearly your situation making reference to "DCG issue 20.1" and attach the following requested documentation:
- Explanation of the circumstances surrounding the former lead registrant’s failure to complete the registration dossier (e.g. bankruptcy, cessation of production and importation), including:
- Written justification, and
- Documentary evidence (e.g. copy of a judicial act or a letter from the trustee in bankruptcy, copy of several requests to the former lead registrant for information on completion of the dossier).
- A signed declaration for understanding the consequences of making use of the DCG solution with the following text:
- We acknowledge that the registration dossier we will submit to ECHA does not fulfill all the requirements for registration set out in the REACH Regulation, due to one of the exceptional circumstances identified by the Directors’ Contact Group.
- We declare that we have read and accept the consequences outlined in the ‘Notice on the use of the DCG solutions’ in relation to the exceptional case we claim to be confronted by.
- We declare that the documentary evidence provided herewith fulfills the requirements set out by the Directors’ Contact Group and reflects a true and complete record of the circumstances we are confronted by.
- We acknowledge ECHA’s right to oppose at any point of time the benefit of the exceptional conditions set out by the Directors’ Contact Group following the assessment of the information provided herewith.
- We commit ourselves to inform ECHA without delay, if any of the exceptional circumstances mentioned in this communication are subject to change.
You can compile the evidence in one file and compress it in ZIP format. The file size limit is 5 Mb. This will facilitate uploading the documents in our contact form. As the working language of ECHA is English, we would appreciate if you would provide this documentation in English, to the extent it is possible.
You will receive an acknowledgment of receipt as soon as your enquiry has been recorded in our system, followed by a separate communication with further instructions on dossier submission after the assessment of the supporting documentation. To benefit from the DCG solution we advise you not to submit your registration dossier until you receive such instructions.
In order to continue the uninterrupted manufacture or import of your substances under Article 21 of REACH you must submit your registration by 31 May 2018.
Consequences that the registrant may expect: The original registration dossiers of both the former and the new lead registrant (when applicable) will have to be cancelled by ECHA. The joint submission in REACH-IT has to be updated to reflect the change of the lead registrant, the new lead registrant will have to create a new lead registration dossier and submit it to REACH-IT. This new lead dossier will undergo the regular Business Rules and Technical Completeness Check as an initial submission.
If the lead dossier is not complete it will not pass the Technical Completeness Check. ECHA may grant the lead registrant a reasonable time period in which complete the dossier, taking into account the need to perform the missing tests. Until the completion of the lead dossier, the member registrants’ dossiers remain pending in the system.
Please note that it is at ECHA’s sole discretion to grant the benefits of the Directors’ Contact Group solutions based on the information received from the registrant concerned. Ultimately the competence for enforcing REACH lies exclusively with the national authorities who may take relevant actions in line with the applicable legal requirements.