According to article 4, paragraph 1, letter a of ChemA, new substances are defined as those which are not existing substances. Thus, new substances are those that are not (or no longer) fully registered under REACH in the EU or that are placed on the market in higher quantities than those registered in the European Economic Area.
An existing substance is a substance registered under Article 5 REACH, with the exception of substances that: 1. are placed on the market in higher quantities than those registered in the European Economic Area (EEA); or 2. are registered exclusively as intermediates, insofar as they are not monomers; (art. 2 par. 2 let. f ChemO).
Annex 3 of the Chemicals Ordinance (ChemO) contains the list of substances of very high concern. The Swiss Authorities actualise this list regularly taking into account the development in the EU. The substances listed are triggering a duty to communicate information.
After the expiry of the transitional period it is fundamentally prohibited to use and to place on the market for use in Switzerland the substances listed in Annex 1.17 ORRChem (substances listed in Annex XIV to the Regulation (EC) No 1907/2006 (REACH).
