Restrictions process

The restriction process has several actors and steps. This graph gives you an overview of the process. By clicking on actors or specific steps you can get further information.

The submitter of a restriction dossier can be either a Member State or ECHA, if asked by the Commission. Only they can initiate a restriction process. Interested parties are citizens, organisations, companies as well as authorities other than the submitter. They can be from the EU or elsewhere. They may provide comments and information during public consultation. The opinions of RAC and SEAC are sent to the European Commission. The Commission prepares a draft amendment to the list of restrictions, which are contained in Annex XVII of the REACH Regulation. Once the substance restriction has been adopted industry needs to comply with it. By industry we mean anyone addressed in the ristriction, such as manufacturers, importers, distributors, downstream users or retailers. A Member State or the European Commission may have a concern that a certain substance poses an unacceptable risk to human health or the environment. If so, it would undertake preparatory work to investigate the problem further. The Commission may ask ECHA to carry out this investigation. If the Member State or Commission concludes that a restriction appears to be the best way forward, it has to notify its intention to prepare a restriction dossier. ECHA maintains a Registry of Intentions (RoI) which is publicly available on ECHA's website. It enables the stakeholders to prepare their contributions to the process. If the Member State or the Commission concludes that a restriction appears to be the best way forward, it has to notify its intention to prepare a restriction dossier. ECHA maintains a Registry of Intentions (RoI) which is publicly available on ECHA's website. It enables the stakeholders to prepare their contributions to the process. The Committees check whether the submitted restriction dossier conforms with the requirements of Annex XV of the REACH Regulation. The restriction dossier shall include information on hazards and risks, available information on alternatives and a justification for restrictions at EU-wide level. The dossier needs to demonstrate that the restriction is the most appropriate risk management instrument to address the identified risk(s). The restriction dossier may also include an analysis of the socio-economic impacts. The proposal needs to be prepared according to the requirements given in Annex XV of REACH. The dossier needs to be submitted within 12 months of the notification in the Registry of Intentions. Conforming restriction reports will be published on ECHA's website, excluding any confidential information. Interested parties may submit comments on the restriction proposal and supporting documentation within six months of the date of their publication. The draft opinion of SEAC and the final opinion of RAC will be placed on ECHA's website. Interested parties may submit comments on the SEAC draft opinion within 60 days from publication. SEAC prepares and adopts the final opinion taking into account the comments on its draft opinion. Within three months of receipt of the Committees' opinion, the Commission prepares a draft amendment of the list of restrictions. If the Council or the European Parliament do not oppose to the restriction, the Commission adopts it. The decision to restrict is published in the Official Journal as an amendment Annex XVII of the REACH. If the Council or the European Parliament do not oppose to the restriction, the Commission adopts it. The decision to restrict is published in the Official Journal as an amendment Annex XVII of the REACH. Member State Competent Authorities are responsible for enforcing the restriction. SEAC prepares and adopts the final opinion taking into account the comments on its draft opinion. The Forum may provide advice to RAC and SEAC on the enforceability of the proposed restriction. Currently Member States can submit restriction proposals by e-mail. In 2010, Members States will have the possibility to submit restriction dossiers through REACH-IT. Member State Competent Authorities are responsible for enforcing the restrictions. Once the substance restriction has been adopted industry needs to comply with it. By industry we mean anyone addressed in the ristriction, such as manufacturers, importers, distributors, downstream users or retailers. The ECHA Secretariat supports the Committees and the Forum by providing the best possible scientific, technical and regulatory services in an efficient and transparent way. SEAC formulates an opinion on the suggested restriction and its socio-economic impact, based on its consideration of the relevant parts of the restriction dossier and the socio-economic impacts. When formulating its opinion, SEAC also takes into account the comments and socio-economic analyses submitted by interested parties. RAC formulates an opinion as to whether the suggested restrictions are appropriate in reducing the risk to human health and/or the environment based on its consideration of the relevant parts of the restriction dossier and the comments submitted by interested parties. The Forum may provide advice on the enforceability of the restriction proposal. ECHA sends the opinions of RAC and SEAC along with relevant background documents to the European Commission. These are also published on ECHA's website. ECHA Committees Prepare and adopt the opinion of SEAC

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