ABSTRACT

Chapter 4 deals with the second phase of REACH, i.e. Evaluation, which is concerned with the assessment of the quality and correctness of the data submitted by the registrants. This aspect of REACH is administered mainly by the ECHA, which is in charge of the correct implementation of the REACH requirements. Three types of evaluation can be performed within REACH: dossier evaluation, substance evaluation, and evaluation of intermediates. One important outcome of the substance evaluation procedure is the identification of substances of very high concern (SVHCs), arguably relevant for some categories of nanosubstances. Once identified as such, SVHCs can be subjected to Authorisation. Considering the outcome of the BoA annulment of ECHA decisions requesting additional information on the nanoforms of certain registered substances, this chapter demonstrates how it is virtually impossible for the ECHA to advance requests of information specific to the nanoform while no provision in the text of REACH mandates the Agency to do so. In theory, the new nano-amendments to the REACH Annexes might, once they come into force in 2020, endow the ECHA with more substantial powers in this regard although this remains a disputable point.