Proposal for a Council Regulation adapting Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), by reason of the accession of Bulgaria and Romania.
Date: 2007-07-26
Institutions: European Commission
Subjects: European Chemicals Agency, administrative formalities, chemical product, environmental risk prevention, marketing standard, product safety, scientific report

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.7.2007 
COM(2007) 449 final 

Proposal for a 

COUNCIL REGULATION 

adapting Regulation (EC) No 1907/2006 of the European Parliament and of the Council 
on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
by reason of the accession of Bulgaria and Romania. 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
Proposal for a 

COUNCIL REGULATION 

adapting Regulation (EC) No 1907/2006 of the European Parliament and of the Council 
on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
by reason of the accession of Bulgaria and Romania. 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to the Act of Accession of Bulgaria and Romania1, and in particular Article 56 
thereof, 

Whereas: 

(1) 

(2) 

Pursuant to Article 56 of the Act of Accession of Bulgaria and Romania, where acts of 
the  institutions  adopted  prior  to  accession  require  adaptation  by  reason  of  accession, 
and the necessary adaptations have not been provided for in the Act of Accession or its 
Annexes, the necessary acts are to be adopted by the Council unless the Commission 
adopted the original act. 

Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation 
and  Restriction  of  Chemicals  (REACH)  and  establishing  a  European  Chemicals 
repealing  Council  Regulation 
Agency,  amending  Directive 1999/45/EC  and 
(EEC) No 793/93  and  Commission  Regulation  (EC) No 1488/94  as  well  as  Council 
Directive 76/769/EEC 
93/67/EEC, 
93/105/EC  and  2000/21/EC2,  was  adopted  on  18 December 2006,  prior  to  the 
accession of Bulgaria and Romania to the European Union, and requires adaptation by 
reason of this accession. 

and  Commission  Directives 91/155/EEC, 

(3) 

Therefore,  it  is  appropriate  to  modify  the  definition  of  phase-in  substance  so  as  to 
subject  substances  manufactured  or  marketed  in  Bulgaria  and  Romania  before 
accession to the European Union to the same conditions as substances manufactured or 
marketed in the other Member States. 

1 
2 

OJ L 157, 21.6.2005, p. 203. 
OJ L 396, 30.12.2006, p 1. 

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2 

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HAS ADOPTED THIS REGULATION: 

Article 1 

In Article 3 (20) of Regulation (EC) No 1907/2006, points (b) and (c) shall be replaced by the 
following: 

“(b)  it  was  manufactured  in  the  Community,  or  in  the  countries  acceding  to  the 
European Union on 1 January 1995, on 1 May 2004 or on 1 January 2007, but 
not placed on the market by the manufacturer or importer, at least once in the 
15 years  before  the  entry  into  force  of  this  Regulation,  provided  the 
manufacturer or importer has documentary evidence of this; 

(c) 

it was placed on the market in the Community, or in the countries acceding to 
the  European  Union  on  1 January 1995,  on  1 May 2004  or  on  1 January 2007 
before entry into force of this Regulation by the manufacturer or importer and 
was  considered  as  having  been  notified  in  accordance  with  the  first  indent  of 
Article 8(1)  of  Directive 67/548/EEC  but  does  not  meet  the  definition  of  a 
polymer  as  set  out  in  this  Regulation,  provided  the  manufacturer  or  importer 
has documentary evidence of this;”. 

This  Regulation  shall  enter  into  force  on  the  day  following  its  publication  in  the  Official 
Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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