G/TBT/N/EU/759  
18 November 2020  
(20-8257) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission  
EU-TBT Enquiry Point  
Fax: +(32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/e n/  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Chemical 
substances  
5. Title, number of pages and language(s) of the notified document:  Draft 
Commission Implementing Regulation laying down rules for the application of Regulation 
(EC) No 1907/2006 as regards applications for authorisation and review re ports for the 
uses of substances in the production of legacy spare parts and in the repair of articles 
and complex products no longer produced and amending Regulation (EC) No 340/2008 
(13 page(s), in English)  
6. Description of content:  This draft Commissi on Implementing Regulation simplifies the 
applications for authorisation (under Title VII of Regulation (EC) No 1907/2006 - REACH) 
for uses of a substance in:  
- the production of spare parts for the repair of articles or complex products, the 
production of which ceased or will have ceased before the sunset date specified in 
Annex XIV to REACH for that substance, where that substance was used in the 
production of those articles or complex products and these cannot function as 
intended without th at spare part and the spare part cannot be produced without that 
substance ('production of legacy spare parts');  
- the repair of articles or complex products the production of which ceased or will 
have ceased before the sunset date specified in Annex XIV f or that substance, where 
that substance, on its own or in a mixture was used in the production of those articles 
or complex products and they cannot be repaired otherwise than by using that 
substance ('repair of no -longer -produced articles or complex produ cts'). 
Furthermore, the draft Implementing Regulation proposes to reduce the fees and charges 
payable to the European Chemicals Agency for applications for authorisation and review 
reports for the uses covered by this draft regulation.  G/TBT/N/EU/759  
 
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  7. Objective and ra tionale, including the nature of urgent problems where 
applicable:  In order to avoid the premature obsolescence of certain articles or complex 
products that are no longer produced after the sunset dates referred to in Annex XIV to 
Regulation (EC) No 1907/2 006, spare parts as well as substances and mixtures that are 
necessary for the repair of such articles or complex products need to continue being 
available on the market. The objective of this draft implementing regulation is to clarify 
and simplify the co ntent of applications for authorisation and of review reports for uses 
of substances needed for the production of spare parts for those articles or complex 
products and for the use of those substances in the repair of such articles or complex 
products; Oth er 
8. Relevant documents:   
Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the 
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 396, 
30.12.2006, p. 1)*.  
Regulation as last amended by Commission Regulation (EU) 2020/171  of 6 February 2020 
amending Annex XIV to Regulation (EC) No 1907/2006 (OJ L 35, 7.2.2020, p. 1)**.  
*https://eur -lex.europa.eu/legal -content/EN/TXT/?uri=CELEX%3 A02006R1907 -
20140410  
**https://eur -lex.europa.eu/legal -content/GA/TXT/?uri=CELEX:32020R0171   
9. Proposed date of adoption:  1st quarter of 2021  
Proposed date of entry into force:  20 days after publication in the Official Journal of 
the European Union  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission  
EU-TBT Enquiry Point  
Fax: + (32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website: http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https:// members.wto.org/crnattachments/2020/TBT/EEC/20_7093_00_e.pdf  
https://members.wto.org/crnattachments/2020/TBT/EEC/20_7093_01_e.pdf