The European Commission (EC) has published Regulation (EU) 2018/1513 in the Official Journal of the European Union (EUOJ) amending REACH Annex XVII restricted substances list and restrict certain carcinogenic, mutagenic or toxic for reproduction (CMR) substances in clothing and related accessories, other textiles and footwear products.

SAFEGUARDS | Softlines NO. 148/18

SafeGuardS clothing retail

The Commission Regulation (EU) 2018/1513 was published on 10 October 2018 amending Annex XVII to Regulation (EC) No 1907/2006 of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regarding certain substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR), category 1A or 1B. The Regulation introduced Entry 72 into the Annex XVII restricted substances list and restricts the use of 33 CMR substances in clothing and related accessories, other textiles and footwear products.

Consumers may be exposed to CMR substances present in clothing and related accessories (including sportswear and bags) or footwear through contact with skin or inhalation. To protect human health and minimize consumer exposure to CMR substances, the Commission has determined that where the CMR substances are present in concentrations above a certain level, such articles should be prohibited from sale. For the same reason, the restriction also will cover the situation where CMR substances are present in those concentrations in other textiles that come into contact with human skin to an extent that is similar to clothing (e.g. bed linen, blankets, upholstery or reusable nappies).

The substances listed in Appendix 12 shall not be placed on the market after 1 November 2020 in the following articles if the substance is present in a concentration greater than that specified in Appendix 12:

  1. Clothing or related accessories
  2. Textiles other than clothing which, under normal or reasonably foreseeable conditions of use, come into contact with human skin to an extent similar to clothing
  3. Footwear

Note: By way of derogation, in relation to the placing on the market of formaldehyde in jackets, coats or upholstery, the relevant concentration for the purposes of above listed articles shall be 300 mg/kg during the period between 1 November 2020 and 1 November 2023. The concentration specified in Appendix 12 with 75 mg/kg shall apply thereafter.

The restriction does not apply to

  • Clothing, related accessories or footwear, or parts of clothing, related accessories or footwear, made exclusively of natural leather, fur or hide
  • Non-textile fasteners and non-textile decorative attachments
  • Second-hand clothing, related accessories, textiles other than clothing or footwear
  • Wall-to-wall carpets and textile floor coverings for indoor use, rugs and runners
  • Personal protective equipment (PPE) within the scope of Regulation (EU) 1016/425
  • Medical devices within the scope of Regulation (EU) 2017/745
  • Disposable textile (designed to be used only once or for a limited time and are not intended for subsequent use for the same or a similar purpose)

For the list of the restricted 33 CMRs and their maximum concentration limits according to Appendix 12, please refer to SafeGuards No. 035/18 [1].

Reference: Commission Regulation (EU) 2018/1513 [2]

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