EFS Consulting

REACH authorization for legacy spare parts

The EU Commission published an implementing regulation setting out rules for applications for authorisation for substances used in the production of legacy spare parts.

Article 56(1) of the REACH Regulation (main EU regulation on chemicals) sets out an authorisation requirement for the placing on the market and the use of substances of very high concern (SVHC) listed in Annex XIV to that Regulation.  Now the European Commission has published the Implementing Regulation (EU) 2021/876 lays down new, simplified rules for an application for use of these substances in legacy spare parts.

Legacy spare parts are non-current, no longer produced components used for repairing articles which are still on the market (e.g. aircrafts and motor vehicles).  Their non-availability would lead to the impossibility to repair articles or complex products and, as a result, to their premature disposal.  This in turn would result in high costs to operators, consumers or society.

An application to the European Chemicals Agency (ECHA) for the use of a SVHC in the production of legacy spare parts should contain:

– a succinct description of the human health or environmental impacts in accordance with the information provided in the chemical safety report

– a succinct description of the socioeconomic benefits of the use applied for

– a conclusion based on a comparison of the risks and benefits of the use of the substance applied for

The full text of the Commission Implementing Regulation (EU) 2021/876 can be accessed HERE.

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