http://www.legislation.gov.uk/eur/2006/1907/article/2Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 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 and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Text with EEA relevance)Regulation (EC) No 1907/2006 of the European Parliament and of the CouncilRegulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 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 and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Text with EEA relevance)King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02006R1907-20200824texttext/xmlen2026-08-06Expert Participation2026-08-06 TITLE I <Substitution ChangeId="O001001M002" CommentaryRef="c000001" Correction="true"> GENERAL ISSUES </Substitution> CHAPTER 1 <Substitution ChangeId="O001001M002" CommentaryRef="c000001" Correction="true"> Aim, scope and application </Substitution> <Substitution ChangeId="O001001M002" CommentaryRef="c000001" Correction="true"> Application </Substitution> Article 2 1 This Regulation shall not apply to: a radioactive substances within the scope of assimilated law that transposed Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation; b substances, on their own, in a mixture or in an article, which are subject to customs supervision, provided that they do not undergo any treatment or processing, and which are in temporary storage, or in a free zone or free warehouse with a view to re-exportation, or in transit; c non-isolated intermediates; d the carriage of dangerous substances and dangerous substances in dangerous mixtures by rail, road, inland waterway, sea or air. 2 Waste as defined in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council is not a substance, mixture or article within the meaning of Article 3 of this Regulation. 2AFor the purposes of this Regulation, “ Directive 2008/98/EC ” means that Directive as last amended by Directive (EU) 2018/851 , and read in accordance with paragraphs 2B and 2C.2BArticle 5 is to be read as if—ain paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;bafter paragraph 1 there were inserted—1AAny decision as to whether a substance or object is a by-product must be made—ain accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; andbhaving regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article. ; cparagraphs 2 and 3 were omitted.2CArticle 6 is to be read as if—ain paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;bafter paragraph 1 there were inserted—1AAny decision as to whether a substance or object has ceased to be waste must be made—ain accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; andbhaving regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article. ; cin paragraph 2—ithe first subparagraph were omitted;iiin the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;iiithe third and fourth subparagraphs were omitted;dparagraph 3 were omitted;ein paragraph 4—iin the first subparagraph—aain the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted.2DIn paragraphs 2B and 2C, “appropriate agency” means—athe Environment Agency, in relation to England;bthe Natural Resources Body for Wales, in relation to Wales;cthe Scottish Environment Protection Agency, in relation to Scotland. 3The Secretary of State may allow for exemptions from this Regulation in specific cases for certain substances, on their own, in a mixture or in an article, where necessary in the interests of defence. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The provisions of Titles II, V, VI and VII shall not apply to the extent that a substance is used: ain medicinal products for human or veterinary use within the scope of the Veterinary Medicines Regulations 2013, or the Human Medicines Regulations 2012;b in food or feedingstuffs in accordance with Regulation (EC) No 178/2002 including use: as a food additive in foodstuffs as defined by Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives;as a flavouring in foodstuffs within the scope of Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods ...; as an additive in feedingstuffs within the scope of Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition ; in animal nutrition within the scope of Article 2(1) of Regulation (EC) No 767/2009 . 6 The provisions of Title IV shall not apply to the following mixtures in the finished state, intended for the final user: amedicinal products for human or veterinary use within the scope of the Veterinary Medicines Regulations 2013, or the Human Medicines Regulations 2012;bcosmetic products as defined in Regulation (EC) No 1223/2009 on cosmetic products;cmedical devices which are invasive or used in direct physical contact with the human body in so far as legislation relating to the classification and labelling of dangerous substances and mixtures applies to them which ensures the same level of information provision and protection as Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures;d food or feedingstuffs in accordance with Regulation (EC) No 178/2002 including use: as a food additive in foodstuffs as defined by Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives;as a flavouring in foodstuffs within the scope of Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods ...; as an additive in feedingstuffs within the scope of Regulation (EC) No 1831/2003; in animal nutrition within the scope of Article 2(1) of Regulation (EC) No 767/2009 . 7 The following shall be exempted from Titles II, V and VI: a substances included in Annex IV, as sufficient information is known about these substances that they are considered to cause minimum risk because of their intrinsic properties; b substances covered by Annex V, as registration is deemed inappropriate or unnecessary for these substances and their exemption from these Titles does not prejudice the objectives of this Regulation; c substances on their own or in mixtures, registered in accordance with Title II, exported from Great Britain by an actor in the supply chain and re-imported into Great Britain by the same or another actor in the same supply chain who shows that: the substance being re-imported is the same as the exported substance; he has been provided with the information in accordance with Articles 31 or 32 relating to the exported substance; d substances, on their own, in mixtures or in articles, which have been registered in accordance with Title II and which are recovered in Great Britain if: the substance that results from the recovery process is the same as the substance that has been registered in accordance with Title II; and the information required by Articles 31 or 32 relating to the substance that has been registered in accordance with Title II is available to the establishment undertaking the recovery. 8 On-site isolated intermediates and transported isolated intermediates shall be exempted from: a Chapter 1 of Title II, with the exception of Articles 8 and 9; and b Title VII. 9 The provisions of Titles II and VI shall not apply to polymers. OJ L 114, 27.4.2006, p. 9 . OJ L 268, 18.10.2003, p. 29 . Regulation as amended by Commission Regulation (EC) No 378/2005 ( OJ L 59, 5.3.2005, p. 8 ). Substituted by Corrigendum to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 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 and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Official Journal of the European Union L 396 of 30 December 2006).Substituted by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance).Words in Art. 2(1)(a) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(2); 2020 c. 1, Sch. 5 para. 1(1)Words in Art. 2(2) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(3); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(2A)-(2D) inserted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(4) (as amended by S.I. 2020/1577, regs. 1(1)(b), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)Words in Art. 2(3) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(5); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(4) omitted (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(6); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(5)(a) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(7)(a); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(5)(b)(i) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(7)(b); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(5)(b)(ii) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(7)(c); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(5)(b)(iv) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(7)(d); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(6)(a) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(8)(a); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(6)(b) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(8)(b); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(6)(c) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(8)(c); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(6)(d)(i)(ii) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(8)(d); 2020 c. 1, Sch. 5 para. 1(1)Art. 2(6)(d)(iv) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(8)(e); 2020 c. 1, Sch. 5 para. 1(1)Words in Art. 2(7)(c) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(9)(a) (as amended by S.I. 2020/1577, regs. 1(1)(b), 4(3)); 2020 c. 1, Sch. 5 para. 1(1)Words in Art. 2(7)(c) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(9)(b) (as amended by S.I. 2020/1577, regs. 1(1)(b), 4(3)); 2020 c. 1, Sch. 5 para. 1(1)Words in Art. 2(7)(d) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 2(10) (as amended by S.I. 2020/1577, regs. 1(1)(b), 4(4)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)Word in Art. 2(1)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 74(2)(a)Words in Art. 2(2C)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 74(3)(a)Words in Art. 2(5)(b)(ii) omitted (1.4.2025) by virtue of The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 9 para. 2(2)Words in Art. 2(6)(d)(ii) omitted (1.4.2025) by virtue of The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 9 para. 2(2)