COMMISSION IMPLEMENTING REGUL ATION (EU) 2019/1692 
of 9 Oct ober 2019 
on the application of certain registration and data-shar ing provisions of Regulation (EC) No 
1907/2006 of the European Parliament and of the Council after the expir y of the final registration 
deadline for phase-in subst ances 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION, 
Havi ng regar d to the Treaty on the Functioning of the European Union, 
Havi ng regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concer ning the Registration, Evaluation, Author isation and Restr iction of Chemicals (REA CH), establishing a European 
Chemicals Agen cy, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission 
Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/ 
EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 132 thereof, 
Whereas: 
(1) In order to avoid overloading author ities and natural or legal persons with the work arising from the registration of 
substances that were already on the intern al mark et when Regulation (EC) No 1907/2006 entered into force, Article 
23 of that Regulation established a transitional regime for phase-in substances. Consequently , a number of diffe rent 
transitional deadlines for the registration of such substances were laid down . It follows from Article 23(3) of that 
Regulation that the final registration deadline in that transitional regime expired on 1 June 2018. 
(2) In order to ensure equality between mark et operators manufa ctur ing or placing on the market phase-in and non- 
phase-in substances, it is necessar y to specify the applicability , after the expir y of the transitional regime, of 
provisions that laid down favourable conditions for the registration of phase-in substances. Theref ore, for those 
provisions , an appropr iate, reasonable and clear cut-off date should be set, after whic h those provisions should 
either no longer apply or only apply in specific circumstances. 
(3) Article 3(30) of Regulation (EC) No 1907/2006 sets conditions for the calculation of the quantities per year of 
phase-in substances based on the average production or impor t volumes for the three preceding calendar years. In 
order to ensure that mark et operat ors have suffi cient time to make the necessar y adjustments to their calculation 
methods, those conditions should, as a first measure, continue to apply until the specifi ed cut-off date. To take into 
account the definition of ‘per year’ in Article 3(30) of Regulation (EC) No 1907/2006, it is appropr iate to set the 
cut-off date at the end of this calendar year (31 December 2019). 
(4) In line with the legislator ’s intent to reduce the possible impact of registration obligations on low volume substances, 
Article 12(1)(b) of Regulation (EC) No 1907/2006 lays down less stringent information requirements for the 
registration of certain low volume phase-in substances, provided that they do not meet the criteria in Annex III to 
Regulation (EC) No 1907/2006. Pursuant to Article 23(3) of that Regulation, those low volume phase-in substances 
needed to be register ed by the deadline for registration on 1 June 2018. However after this deadline, to ensure equal 
treatment for registrants that join a registration or update their dossiers in accordance with Article 12(1)(b), that 
provision should, as a second measure, continue to apply after 1 June 2018. 
(1)OJ L 396 30.12.2006, p. 1. EN Offi cial Jour nal of the European Union L 259/12                                                                                                                                       10.10.2019   (5) On 1 June 2018, the formal operation of substance information exchange fora (SIEFs) ceased. Howe ver, as a third 
measure, the continuing data-shar ing oblig ations of registrants should be reinf orced and registrants should be 
encourage d to use similar informal communication platf orms to enable them to meet their continuing registration 
and data-shar ing oblig ations under both Regulation (EC) No 1907/2006 and Commission Implementing 
Regulation (EU) 2016/9 (2). 
(6) It is appropr iate to set out, as a fourth measure, that a pote ntial registrant who pre-regist ered a phase-in substance in 
accordance with Article 28 of Regulation (EC) No 1907/2006 should, until the specifi ed cut-off date, not be required 
to follo w the inquir y process set out in Article 26 of that Regulation because the objective of the inquir y process has 
already been fulfilled through the pre-registration. 
(7) It is necessar y to ensure that data-shar ing dispute processes are clearly identifiable. The data-shar ing rules set out in 
Article 30 of Regulation (EC) No 1907/2006 should theref ore continue to apply until the specified cut-off date. After 
that cut-off date, only the data-shar ing rules in Articles 26 and 27 of that Regulation should apply . 
(8) The measures provid ed for in this Regulation are in accordance with the opinion of the Committee established under 
Article 133 of Regulation (EC) No 1907/2006, 
HAS ADOPTED THIS REGUL ATION: 
Article 1 
Calculation of quantities of phase-in subst ances 
The specifi c method for calculating quantities per year of phase-in substances, as set out in Article 3(30) of Regulation (EC) 
No 1907/2006, shall continue to apply only until 31 December 2019. Once a registrant has complet ed the registration of a 
substance, that registrant shall subsequently calculate his quantity of that substance per calendar year in accordance with 
Article 3(30) of Regulation (EC) No 1907/2006. 
Article 2 
Regis tration requirements for certain low volume phase-in subst ances 
The expir y of the transitional regime for phase-in substances in Regulation (EC) No 1907/2006 shall not affect the 
applicability of Article 12(1)(b) of that Regulation. 
Article 3 
Data -shar ing obligations after registration 
After registeri ng a substance, registrants, including those who jointly submit data with other registrants, shall continue to 
fulfil their data-shar ing obligations in a fair, transparent and non-discr iminator y way as specifi ed in Title III of Regulation 
(EC) No 1907/2006 and in Implementing Regulation (EU) 2016/9. In that context, registrants may use informal 
communication platf orms similar to the substance information exchange fora referred to in Article 29 of Regulation (EC) 
No 1907/2006. 
Article 4 
Duty to inquire and shar ing of data for phase-in subst ances 
1. Where data-shar ing negotiations conduct ed in accordance with Article 30 of Regulation (EC) No 1907/2006 result in 
failure to reac h an agreement, the provisions of that Article shall apply only until 31 December 2019. 
(2)Commission Implementing Regulation (EU) 2016/9 of 5 Januar y 2016 on joint submission of data and data-shar ing in accordance 
with Regulation (EC) No 1907/2006 of the European Parliament and of the Council concer ning the Registration, Evaluation, 
Author isation and Restr iction of Chemicals (OJ L 3, 6.1.2016, p. 41). EN Offi cial Jour nal of the European Union 10.10.2019                                                                                                                                       L 259/13   2. After 31 December 2019, pre-registrations made in accordance with Article 28 of Regulation (EC) No 1907/2006 
shall no long er be valid and Articles 26 and 27 shall apply to all phase-in substances. 
Article 5 
Entr y into force 
This Regulation shall enter into force on the twentieth day followi ng that of its publication in the Official Journal of the 
European Union. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, 9 October 2019.  
For the Commission 
The President 
Jean-Claude JUNCKER     EN Offi cial Jour nal of the European Union L 259/14                                                                                                                                       10.10.2019