EU Proposes to Expand SVHCs under Annex XIV of the REACH ‘Authorization List’
SAFEGUARDS | Consumer Products NO. 163/16
The World Trade Organization (WTO) has circulated a notification from the European Union (EU) announcing its DRAFT regulation to amend the list of substances of very high concern (SVHCs) in Annex XIV of the REACH Regulation ‘Authorization List.
In February 2011, the first list of SVHCs subject to authorization was published.  This list was further expanded in February 2012, April 2013 and August 2014. As of today, there are 31 SVHCs in Annex XIV of REACH.
On September 21, 2016, the WTO circulated notification number G/TBT/N/EU/407 announcing the EU’s intention to expand the list of SVHCs under the Annex XIV ‘Authorization List’ of REACH (Registration, Evaluation, Authorization and Restriction of Chemicals). The draft regulation, attached to document 16-5018, would expand the number of SVHCs on this list from 31 entries to 43 entries. The list includes seven entries for phthalates.
According to the draft regulation, there are no exemptions for specific uses for each of the 12 new SVHCs. The draft regulation is proposed to be adopted in May 2017, and enter into force 20 days after publication in the Official Journal of the EU (OJEU). The latest proposal contains three sets of dates for ‘latest application’ and ‘sunset’ dates. These are:
Entries 32 to 39 (Table 1)
Date of entry into force + 18 months (latest application date)
Date of entry into force + 36 months (sunset date)
Entries 40 and 41 (Table 1)
Date of entry into force + 21 months (latest application date)
Date of entry into force + 39 months (sunset date)
Entries 42 and 43 (Table 1)
Date of entry into force + 24 months (latest application date)
Date of entry into force + 42 months (sunset date)
The earliest date of latest application could be in late 2018 or early 2019
When SVHCs are added to Annex XIV, a ‘latest application date’ and a ‘sunset date’ is set for each SVHC. After the sunset date, the use of an SVHC on this list is prohibited unless an authorization has been granted for that use. If an application has been made by the latest application date, an applicant can continue to use the SVHC after the sunset date, until the European Commission (EC) has made a decision. It is important to note that imported articles containing an SVHC in Annex XIV are not subject to authorization (but may be subject to a restriction).
Highlights of the draft regulation to include 12 SVHCs in Annex XIV of REACH ‘Authorization List’ are summarized in Table 1.
Table 1: New entries to Annex XIV (Authorization List) to Regulation (EC) 1907/2006 (REACH)
|Entry No||Substance||EC No.
|Entry No||Substance||EC No.
di-C6-8-branched alkyl esters, C7 rich
di-C7-11-branched and linear alkyl esters
|41||Pitch, coal tar, high temp.||266-028-2
dipentylester, branched and linear
|43||4-Nonylphenol branched and
*Covering well-defined substances and UVCB substances, polymers and homologues (substances of unknown or variable composition, complex reaction products or biological materials)
**Substances with a linear and/or branched alkyl chain containing 9 carbon atoms that are covalently bound in position 4 of phenol, ethoxylated covering UVBC- and well defined substances, polymers and homologues, which include any of the individual isomers and/or combinations thereof.
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