EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2018) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Annex V to Regulation (EC) No 1907/2006 of the European Parliament and of 
the Council concerning  the Registration, Evaluation, Authorisation and Restriction of 
Chemicals (REACH)  
 
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 2  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Annex V to Regulation (EC) No 1907/2006 of the European Parliament and of 
the Council concerning  the Registration, Evaluation, Authorisation and Restriction of 
Chemicals (REACH)  
 
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard t o the Treaty on the Functioning of the European Union,  
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the 
Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and 
Restriction of Chemicals (REAC H), establishing a European Chemicals Agency, 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/EC1, and in particular 
Article  131 thereof,  
Whereas:  
(1) Annex V to Regulation (EC) No 1907/2006 contains a list of substances that are 
exempt from the obligation to register in accordance with Article 2(7)(b) of that 
Regulation.  
(2) Digestate is a residual semisolid or liquid material of anaerobic digestion processes of 
biodegradable materials originating from non -hazardous segregated sources, such as 
food waste, manure and energy crops. Biogas resulting from the same process as 
diges tate or from other anaerobic digestion processes, as well as compost resulting 
from the aerobic decomposition process of similar biodegradable materials, are  already  
listed in Annex V to Regulation (EC) No 1907/2006. Therefore , digestate should also 
be lis ted in that Annex, as it is inappropriate and unnecessary to require  that substance 
to be registered and as its exemption from Titles II, V and VI of Regulation (EC) No 
1907/2006 does not prejudice the objectives of that Regulation.  
(3)  So far, no registrati ons have been submitted for d igestate.  The listing of digestate in  
Annex V of Regulation  (EC) No 1907/2006  should  clarify  that digestate is exempted 
from registration, for reasons analogous to those that justify the existing exemption of 
compost and biogas , thereby remov ing uncertainties encountered by producers and 
users of digestate and by enforcement authorities.  
(4) Annex V to Regulation (EC) No 1907/2006  should therefore be amended accordingly.  
(5) The measures provided for in this Regulation are in accordance  with the opinion of the  
Committee established by Article 133 of Regulation (EC) No 1907/2006 , 
                                                 
1 OJ L 396 , 30.12.2006, p.  1.  
EN 3  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Annex V to Regulation (EC) No 1907/2006  is amended in accordance with the Annex to this 
Regulation.  
Article 2 
This Regulation shall enter into force on the  twentieth  day following 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,  
 For th e Commission  
 The President  
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