1.In the case of non phase-in substances, the Agency shall prepare a draft decision in accordance with Article 40(3) within 180 days of receiving a registration or downstream user report containing a testing proposal.
2.In the case of phase-in substances, the Agency shall prepare the draft decisions in accordance with Article 40(3):
by 1 December 2012 for all registrations received by 1 December 2010 containing proposals for testing in order to fulfil the information requirements in Annexes IX and X;
by 1 June 2016 for all registrations received by 1 June 2013 containing proposals for testing in order to fulfil the information requirements in Annex IX only;
by 1 June 2022 for any registrations containing testing proposals received by 1 June 2018.
3.The list of registration dossiers being evaluated under Article 40 shall be made available to Member States.