Any PORD (Process Orientated Research and Development) exemption granted under the NONS scheme will be no longer valid from the 1st June 2008.
Companies wishing to continue their existing PORD activities (note that this is only relevant for quantities of 1 tonne or more) without interruption may do so by submitting a PPORD notification dossier to ECHA, making reference to the existing PORD number (allocated by the member state CA). The intention was that this could be submitted using the REACH-IT system either as an IUCLID 5 PPORD dossier or filled in on-line and should be done on June 1st or 2nd.
Current understanding is that the REACH-IT system may not have this functionality at entry into operation so the advice is to prepare the PPORD dossier in IUCLID 5. This can then be either submitted on-line as originally intended (if this facility is available) or sent to ECHA by e-mail or courier. During the week commencing May 19th ECHA will publish information on their website regarding the functionality that will be available in REACH-IT from June 1st & will have guidance for any alternative interim procedures that should be followed.
Once ECHA has received a PPORD submission it is the intention that such applications will not undergo further evaluation by ECHA and as a consequence no further conditions will be imposed throughout the five year period for these substances. PPORD charges will apply.
Each notification will be assigned a registration number by ECHA by Dec 1st 2008. A notifier can claim their REACH registration number from the Agency (via the REACH IT system). Provided that the claimant's details match those of the notifier the Agency will provide the registration number. If the details do not match, further verification will be required by the Agency/member state competent authority (MSCA).
This functionality will be added to the REACH-IT system sometime after June 1st. The ECHA website should be checked for information.
Any sole representative agreements will be invalid after 31st May 2008 when NONS ends and, where the intention is to appoint an only representative under REACH, new documentation should be drawn up. The person claiming the registration number must indicate on the REACH-IT website that he/she is entitled to do so (i.e. they have the correct documentation).
If the only representative is not the same as the previous sole representative then evidence (contract/letter) should be provided to support their claim to the registration. This evidence will be sent to the MSCA for later verification if necessary.
Information submitted (using DES) in the NONS notification dossier was kept in the new chemicals database (NCD) at ECB. This information is being migrated into IUCLID 5 format for use at the Agency. It is envisaged that this will take place over a period of time as member states forward new & updated SNIF files.
The intention is that the Agency will then send each member state IUCLID 5 files for the notifications made in that country. Once a notifier (registrant) has claimed their registration number they can apply to their competent authority for their IUCLID 5 file(s).
Substances notified in accordance with Directive 67/548/EEC are regarded as registered by the manufacturer or importer who submitted the notification (Article 24(1)). The registration requirements under Title II are therefore covered by the notification in the tonnage band for which the notification was made. The registration of the monomers or other substances from which the notified polymers are derived is not required.
As soon as the manufactured/imported quantity of polymer reaches the next tonnage threshold, the registration requirements (Title II of REACH) as described in this guidance should be followed for the monomer(s) or any other substance(s) meeting the conditions of Article 6(3).