1. Preparatory work
A Member State, the European Commission or ECHA may have a concern that a certain substance poses a risk to human health or the environment. If so, it would undertake preparatory work to investigate the problem further.
2. Notify the intention to prepare a restriction dossier
If the Member State, the Commission or ECHA 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 interested parties to prepare their contributions to the process.
3. Prepare the restriction dossier
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 or risks. 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.
4. Submit the restriction dossier
5. Check conformity
6. Public consultation on the restriction report
Conforming restriction reports will be published on ECHA's website, excluding any confidential information. Interested parties may submit comments on the restriction report and supporting documentation within six months of the date of their publication.
7. Advice from the Forum
8. Prepare and adopt the opinion of RAC
9. Prepare and agree the draft opinion of SEAC
Within nine months of the date of the publication of the restriction report, SEAC prepares and agrees a draft opinion based on the restriction dossier, the socio-economic impacts, and the comments and socio-economic information received during the public consultation
10. Public consultation on SEAC draft opinion
11. Prepare and adopt the opinion of SEAC
12. Send the opinions to the Commission
13. Prepare and adopt the restriction decision
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.
14. Comply with restriction
Once the substance restriction has been adopted industry needs to comply with it. By industry we mean anyone addressed in the restriction, such as manufacturers, importers, distributors, downstream users or retailers.
15. Enforce the restriction
Member State Competent Authorities are responsible for enforcing the restriction.