How to prove compliance against the REACH+ requirements of CMC 1,4, 6, 8, 11, 12, 13, 14, 15

Several CMC's of the FPR 2019/1009 refer to 'CMC 1 point 2'.

The second point of CMC 1 contains the requirement to ensure that the substance is registered with a dossier according to Regulation 1907/2006 (REACH Regulation). This is the so called REACH registration obligation. 

FPR specifies requirements for REACH registration that build, and crucially expand, on the REACH Regulation itself. This extension can be reffered to as REACH+ (an enhanced compliance approach integrating REACH and FPR requirements). 

A key example of this is that the tonnage exemption (substances produced under 1 tonne dont need a REACH registration) does not apply to the FPR. Substances produced under 1 tonne, when used in an EU Fertilising Product still need REACH registration. 

The full requirement, and recognised exemptions for REACH registration under FPR, are seen below:

2. All substances incorporated into the EU fertilising product, on their own or in a mixture, except polymers, shall have been registered pursuant to Regulation (EC) No 1907/2006 ( 5 ), with a dossier containing: 

(a)  the information provided for by Annexes VI, VII and VIII to Regulation (EC) No 1907/2006; 

(b)  a chemical safety report pursuant to Article 14 of Regulation (EC) No 1907/2006 covering the use as a fertilising product, 

Unless explicitly covered by one of the registration obligation exemptions provided for by Annex IV to Regulation (EC) No 1907/2006 or by points 6, 7, 8, 9 or 10 (only for magnesia) of Annex V to that Regulation.

To ensure compliance with the REACH provisions under the FPR, the preferred option is for the manufacturer to provide the 16-digit REACH registration number, so that EFCI Register can check if the product is indeed REACH registered. If the manufacturer does not have the complete registration number, the manufacturer should ask for the 12 first digits from the supplier (i.e. via the SDS). If no code is provided, the manufacturer should require a declaration from the supplier. 

The declaration has to be specific, stating what type of component it is within CMC 1, that it is REACH-registered, and that it is registered for use as a fertilising product. If the component is exempted from REACH, the manufacturer shall provide an explanation. Otherwise, it might not be accepted.

The full 16 digit REACH number is not needed. A supplier of the substance providing an SDS with the 12 digit REACH number will show compliance against the REACH requirement, the declaration is also sufficient, thus 1 of these 2 documents can be used for CMC 1 point 2. 

EFCI Register has made and provides a statement format, attached below, that you can use to show compliance with the REACH+ requirements of CMC 1 and also covers all the other obligations of CMC 1. 

Some CMC's of FPR require the component materials to comply with REACH+ but other CMC's require materials used in the making of the material to be compliant with CMC 1 point 2 (which is the REACH+ requirements). This article also applies to those materials.