The entry into force date of Eurasia REACH has been postponed. The regulation was initially planned to come into force on 2nd June 2021. This postpone is mainly due to the delay of the approvement of the second part of Eurasia REACH regulation in which contains the following information:
The procedure for the formation and maintenance of the EAEU register of chemical substances.
The procedure for the notification of New Chemicals.
The authorities underline that a new date for regulation’s entry into force will depend on whenever the second part of the regulation will be approved. Without this, the regulation cannot come into force.
In February this year, a draft of the second part of the regulation was published for public discussion on the EAEU Commission’s website. Many industries expressed and submitted their comments to the EAEU Commission before the deadline on 1st of April 2021.
The EAEU Commission is expected to review the commentaries and approve the second part of the regulation in the near future. When this happens, a new entry into force date of Eurasia REACH will be released.
The Ministry for Development of Economy, Trade and Agriculture of Ukraine has notified the draft resolution, On Approval of the Technical Regulation on Safety of Chemical Products, to the WTO. This dr...
The Ministry for Development of Economy, Trade and Agriculture of Ukraine has notified the draft resolution, On Approval of the Technical Regulation on Safety of Chemical Products, to the WTO. This draft resolution lists out requirements for registration, assessment, authorization and restriction of chemicals and will come into force after the adoption of the Law of Ukraine “On Chemical Safety”.
The draft Resolution aims to bring the provisions of the Technical Regulation in line with Regulation (EC) No. 1907/2006 of the European Parliament and of the European Council of 18 December 2006 on REACH and sharing the goal of improving the protection of human health and the environment through the better and earlier identification of the intrinsic properties of chemical substances.
The adoption of the technical regulation implies that all chemical substances presented in the Ukrainian market are subject to compliance with this regulation. The responsibility will be upon Ukrainian manufacturers, importers as well as to non-Ukrainian manufacturers and exporters who circulate substances in Ukraine. However, there are some exceptions such as substances in transit.
According to the draft regulation, the State Service of Ukraine for Food Safety and Consumer Rights Protection will be responsible for the implementation and compliance with the regulation. No dates have been confirmed for implementation at this stage.
The Eurasian Economic Commission has published an updated draft of the 2nd tier of Eurasian Technical Regulation TR 041/2017 on “Safety of Chemical Products” (Eurasia REACH). The draft is available for public discussion until the 1st of April 2021.
The 2nd tier of the regulation contains detailed information on the procedure of formation and maintenance of the register of chemical substances and the procedure of notification of new chemicals.
The reason for the delay of regulation’s 2nd tier adaptation and recent publication of an updated draft was due to the changes in Appendix No. 7, “Procedure for the formation and maintenance of the register”. Appendix No. 7 contains a list of chemicals classified as carcinogens, mutagens, and reprotoxicants of hazard classes 1 and 2. This appendix was developed to facilitate the hazard classification procedure for industry representatives but created disagreement which resulted in a considerable delay in the adaptation of the entire regulation.
The TR 041 regulation was initially expected to enter into force 2nd of June 2021, however, the date will most likely be postponed. The new date of regulation’s entry into force depends on the date of entry into force of the 2nd tier documents.
The draft of the 2nd tier documents is available here (in Russian).
Russian Ministry of Industry and Trade (Minpromtorg) has now published the finalized version of the inventory of chemical substances. The finalized version contains +80.000 substances notified to the Minpromtorg from December 2019 to August 2020. The inventory is published on the GISP.ru portal and is available for public review. In this online portal, it is possible to search substances via CAS number, EC number, or through IUPAC names and synonyms.
The Russian inventory and the national chemical inventories of other EAEU member states are expected to form one common EAEU inventory. A tentative date for the publication of national parts of the EAEU inventory is October 2021.
Furthermore, a proposal has been sent to the EAEU Commission and circulated among member countries. The proposal aims to postpone the implementation date of TR 041 from 2nd June 2021 to 30th November 2022. So far, no clear decision has been announced. GPC will keep you and your company updated on any upcoming news regarding the TR 041.
The Government of the Russian Federation has identified responsible institutions for implementing the Eurasian Technical Regulation 041(TR 041), an official decree published on 16 September 2020.The Ministry of Industry and Trade of Russia and the Agency of Wellbeing and Consumer rights are two government organizations that will be assigned for executing the TR 041.
The Ministry of Industry and Trade of Russia (Minpromtorg) will be the main authorized federal executive body. The major tasks of Minpromtog are: the notification of New Chemical Substances (to be a part of the national inventory).
To perform notification of new chemical substances by entering information on new chemical substances into the national part of the inventory.
To perform registration (notification and permissive) of chemical substances based on the documents and information submitted by the applicant, information by Ministry’s expert organization and the conclusion of Agency of Wellbeing and Consumer rights (hereafter referred to as Rospotrebnadzor) in case if chemical products contain new chemical substances;
Formation and maintenance of the national (Russian) part of the inventory of chemicals and mixtures of the Eurasian Economic Union;
Representation of interests of the Russian Federation in interaction with international organizations concerning the regulation of chemicals and mixtures.
Rospotrebnadzorhas been appointed as the authorized federal executive body to carry out following tasks:
Notification of new chemicals and providing the corresponding conclusions to the Ministry of Industry and Trade of Russia (Minpromtorg);
Assessment of New Chemical Substances in terms of their danger to human health and the environment and providing a corresponding conclusion to Minpromtorg.
To assist (within its competence) the Minpromtorg in implementation of TR 041.
According to the decree, a number of federal executive authorities, such as the Ministry of Natural Resources of Russia, the Ministry of Economic Development of Russia, the Ministry of Agriculture of Russia, the Ministry of Energy of Russia, the Ministry of Health of Russia and Rosstandart, might be involved in the process of implementing TR 041 in the near future. The next step of TR 041 is a ratification of the above services and a finalization of formation of a national part of the inventory in Russia by the end of 2020.
In 2017, the Council of the Eurasian Economic Commission (EAEU Commission including Russia, Belarus, Kazakhstan, Kyrgyzstan & Armenia) adopted the Technical regulation041/2017 ‘on safety of chemical products’ .
This Regulation is expected to come into force on 2nd of June 2021.
The process of implementation of the TR 041/2017 includes a creation of national chemical inventories that are later expected to be merged into a common Eurasian chemical inventory. The inventory is supposed to include chemicals and mixtures in circulation and those intended for circulation in the territory of the Eurasian Economic Union. At present, only the Russian Federation has an established inventory notification process through an online Information Exchange Platform (GISP).
The deadline for the Russian national Inventory notification was initially set to 1st May 2020, however, due to the current COVID-19 situation; this deadline has now officially been extended to 1st of August 2020.
The nomination period for the Russian Inventory is formally closed now. During this nomination period, the GPC group has helped 20+ companies to nominate 350+ substances. The Russian inventory, which is expected to be published by the end of 2020, will be forwarded to the Eurasian Economic Commission to form a common Eurasian substance Register.
GPC Group summarizes three scenarios for companies that exporting to Russia:
For the companies that have nominated to the Russian inventory, the next step will be the pre-registration and registration of substances in accordance with the TR 041. For now, no official information regarding per-registration and registration is available.
For those companies that did not nominate to the Russian inventory but have been exporting chemicals to the Russian market before 2nd June 2021 (enforcement of TR 041), there is an “exceptional” procedure. A substance that is not present in the Russian Inventory will be considered as “new” for the Russian market. To place that substance laboratory expertise and extensive documentation is expected to be required. The “exceptional” procedure allows a simplified nomination procedure for substances that have not been nominated to the Russian Inventory, but for which a proof can be provided that they have been circulating on the Russian market before the TR 041 enforcement (2nd June 2021).
The companies that have not nominated their substances to the Russian inventory and have not been exporting them to Russia before will be required to nominate their substance to the inventory in accordance with the TR 041. This implies that their substances will be considered “new” for the market and have to be nominated to the inventory before registration. To nominate “new” substances to the Inventory will require laboratory expertise and extensive documentation. All the details on documentation are expected to be announced at the beginning of the next year 2021.
GPC will continue to keep you updated on the news regarding the Russian inventory and TR 041.
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