Product and process oriented research & development

Substances which are meant for the product and process oriented research & development (R & D), in short: R & D substances, are excluded from the general liability to registration. In case substances have to be developed or if products which contain new substances are marketed the substances are not subject to registration beforehand. This applies as long as only the quantity of the substance which is required fort he R & D activities only is produced or imported. The reason is that a new substance or product which contains a new substance will possibly not be successful on the market. In this case the producer would have had spent a lot of money and time with the registration without obtaining an adequate service in return. Since no company can afford such a procedure and since REACH is not meant to be unfavourable to innovation, R & D substances in the lubricant industry are exempted from registration for 5 years. This 5 years' period can be prolonged once by further 5 years.

Even if R & D substances must not be registered, they have to be notified to the agency. This notification includes the following information:

• The identity of the R & D substance and possibly its classification if the substance is hazardous
• The estimated quantity
• A list of customers who are involved in the development of the substance or the product containing the R & D substance

An innovative company, with a focus on R & D, must carefully consider especially the last item.