Commission Regulation (EC) No 134/2009 of 16 February 2009 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XI (Text with EEA relevance)
Date: 2009-02-16
Institutions: European Commission
Subjects: administrative formalities, chemical product, dangerous substance, environmental risk prevention, marketing standard, scientific report

17.2.2009

EN

Official Journal of the European Union

L 46/3

COMMISSION REGULATION (EC) No 134/2009

of 16 February 2009

amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XI

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

regard

to Regulation (EC) No 1907/2006 of
Having
18 December 2006 of the European Parliament and of the
Council concerning the Registration, Evaluation, Authorisation
and Restriction of Chemicals (REACH), 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
91/155/EEC,
93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular
Article 131 thereof,

Commission

Directives

and

concentration (PNEC) derived under

Based on experience gained through the development of
guidance for the chemicals safety assessment under Regu­
lation (EC) No 1907/2006, three different criteria for
exposure-based waiving have been identified. The first
criterion requires that it is demonstrated and documented
that exposure in all scenarios is well below an appro­
(DNEL) or predicted no-
priate derived no-effect level
specific
effect
conditions. The second criterion requires
is
it
demonstrated and documented that strictly controlled
the life cycle. The third
conditions apply throughout
criterion requires that where the substance is incor­
porated in an article, the substance is incorporated in
such a way that no exposure can take place and the
substance is not released during its life cycle and is
handled under strictly controlled conditions during all
manufacturing and production stages. Consequently,
these
the omission of
justification for
testing should be incorporated in Regulation (EC) No
1907/2006.

criteria for

that

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1907/2006 establishes registration
obligations of Community manufacturers or importers
of substances on their own, in preparations or articles,
where, as part of the registration dossier, registrants have
to provide the information required under Annexes VI
to XI.

(6)

Regulation (EC) No 1907/2006 should therefore be
amended accordingly.

(7)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab­
lished under Article 133 of Regulation (EC) No
1907/2006,

Annex XI allows registrants, under certain conditions, to
omit testing in accordance with sections 8.6 and 8.7 of
Annex VIII and in accordance with Annex IX and Annex
X to Regulation (EC) No 1907/2006.

HAS ADOPTED THIS REGULATION:

For the avoidance of doubt it should be clarified that in
section 3.1 the reference to sections 8.6 and 8.7 refers to
Annex VIII only.

It
is necessary to establish the criteria defining what
constitutes adequate justification for the omission of
testing under sections 8.6 and 8.7 of Annex VIII and
in accordance with Annex IX and Annex X to Regulation
(EC) No 1907/2006.

Article 1

Annex XI to Regulation (EC) No 1907/2006 is amended in
accordance with the Annex to this Regulation.

Article 2

(1) OJ L 396, 30.12.2006, p. 1; corrected by OJ L 136, 29.5.2007, p. 3.

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

L 46/4

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Official Journal of the European Union

17.2.2009

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

Done at Brussels, 16 February 2009.

For the Commission

Stavros DIMAS
Member of the Commission

17.2.2009

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Official Journal of the European Union

L 46/5

ANNEX

Section 3 of Annex XI to Regulation (EC) No 1907/2006 is replaced by the following:
‘3.

SUBSTANCE-TAILORED EXPOSURE-DRIVEN TESTING

3.1. Testing in accordance with Sections 8.6 and 8.7 of Annex VIII and in accordance with Annex IX and Annex X may

be omitted, based on the exposure scenario(s) developed in the Chemical Safety Report.

3.2.

In all cases, adequate justification and documentation shall be provided. The justification shall be based on a
thorough and rigorous exposure assessment in accordance with section 5 of Annex I and shall meet any one of
the following criteria:

(a)

the manufacturer or importer demonstrates and documents that all of the following conditions are fulfilled:

(i) the results of the exposure assessment covering all relevant exposures throughout the life cycle of the
substance demonstrate the absence of or no significant exposure in all scenarios of the manufacture and all
identified uses as referred to in Annex VI section 3.5;

(ii) a DNEL or a PNEC can be derived from results of available test data for the substance concerned taking full
account of the increased uncertainty resulting from the omission of the information requirement, and that
DNEL or PNEC is relevant and appropriate both to the information requirement to be omitted and for risk
assessment purposes (*);

(iii) the comparison of the derived DNEL or PNEC with the results of the exposure assessment shows that

exposures are always well below the derived DNEL or PNEC;

(b) where the substance is not incorporated in an article the manufacturer or importer demonstrates and documents
for all relevant scenarios that throughout the life cycle strictly controlled conditions as set out in Article 18(4)(a)
to (f) apply;

(c) where the substance is incorporated in an article in which it is permanently embedded in a matrix or otherwise
rigorously contained by technical means, it is demonstrated and documented that all of the following conditions
are fulfilled:

(i) the substance is not released during its life cycle;

(ii) the likelihood that workers or the general public or the environment are exposed to the substance under

normal or reasonably foreseeable conditions of use is negligible; and

(iii) the substance is handled according to the conditions set out in Article 18(4)(a) to (f) during all manufac­
turing and production stages including the waste management of the substance during these stages.

3.3. The specific conditions of use must be communicated through the supply chain in accordance with Article 31 or

32, as the case may be.

___________
(*) For the purpose of subparagraph 3.2(a)(ii), without prejudice to column 2 of Section 8.7 of Annexes IX and X, a
DNEL derived from a screening test for reproductive/developmental toxicity shall not be considered appropriate to
omit a prenatal developmental toxicity study or a two-generation reproductive toxicity study. For the purpose of
subparagraph 3.2(a)(ii), without prejudice to column 2 of section 8.6 of Annexes IX and X, a DNEL derived from a
28-day repeated dose toxicity study shall not be considered appropriate to omit a 90-day repeated dose toxicity study.’