OpenLegislation

Article 62 Applications for authorisationsX1

United Kingdom

Original text. Later amendments are not shown.

1.

An application for an authorisation shall be made to the Agency.

2.

Applications for authorisation may be made by the manufacturer(s), importer(s) and/or downstream user(s) of the substance. Applications may be made by one or several persons.

3.

Applications may be made for one or several substances, that meet the definition of a group of substances in Section 1.5 of Annex XI, and for one or several uses. Applications may be made for the applicant's own use(s) and/or for uses for which he intends to place the substance on the market.

4.

An application for authorisation shall include the following information:

(a)

the identity of the substance(s), as referred to in Section 2 of Annex VI;

(b)

the name and contact details of the person or persons making the application;

(c)

a request for authorisation, specifying for which use(s) the authorisation is sought and covering the use of the substance in F1mixtures and/or the incorporation of the substance in articles, where this is relevant;

(d)

unless already submitted as part of the registration, a chemical safety report in accordance with Annex I covering the risks to human health and/or the environment from the use of the substance(s) arising from the intrinsic properties specified in Annex XIV;

(e)

an analysis of the alternatives considering their risks and the technical and economic feasibility of substitution and including, if appropriate information about any relevant research and development activities by the applicant;

(f)

where the analysis referred to in point (e) shows that suitable alternatives are available, taking into account the elements in Article 60(5), a substitution plan including a timetable for proposed actions by the applicant.

5.

The application may include:

(a)

a socio-economic analysis conducted in accordance with Annex XVI;

(b)

a justification for not considering risks to human health and the environment arising either from:

(i)

emissions of a substance from an installation for which a permit F2to carry out an activity referred to in Annex I to Directive 2010/75/EU was granted in accordance with F3assimilated law; or

(F4ii)

discharges of a substance from a point source governed by F5assimilated law that transposed the requirement for prior regulation referred to in Article 11(3)(g) of Directive 2000/60/EC and Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy.

6 .

The application shall not include the risks to human health arising from the use of a substance in a F6relevant medical device.

7 .

An application for an authorisation shall be accompanied by the fee required in accordance with Title IX.

Annotations

Textual amendments

F1

Substituted by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance).

F2

Words in Art. 62(5)(b)(i) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 49(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in Art. 62(5)(b)(i) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 74(2)(c)

F4

Art. 62(5)(b)(ii) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 49(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5

Word in Art. 62(5)(b)(ii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 74(2)(c)

F6

Words in Art. 62(6) substituted (30.9.2021) by The REACH etc. (Amendment) Regulations 2021 (S.I. 2021/904), regs. 1(2), 5

Editorial notes

X1

Substituted by Corrigendum to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Official Journal of the European Union L 396 of 30 December 2006).