Clarification on when to submit applications for authorisation

ECHA/NA/13/16

To further guide applicants through the authorisation process, the services of the European Commission have recently clarified the term "received" in Article 58(1)(c)(ii) of the REACH Regulation regarding whether an application for authorisation can be considered to be submitted.

Helsinki, 30 April 2013 – The Commission has explained that if the application is submitted before the ‘latest application date', the applicant can continue to use the substance after the ‘sunset date', while waiting for the Commission decision.

By adopting this interpretation, applicants will now know the exact date by which their applications have to be submitted in order to benefit from the provisions of Article 56(1)(d).

The Commission informed ECHA about its clarification on 25 April 2013 and the Agency has adjusted the submission windows and informed potential applicants accordingly.

In practice, this clarification means that applications can be submitted three months later. For example, with regard to the phthalates DEHP, DBP, BBP and DIBP, the submission window before the ‘latest application date' is now between 7 and 21 August 2013.

The opinion making process of ECHA's scientific committees is not affected by this clarification. The opinion making process starts once the Agency has received the application fee.