BACKGROUND
The European Chemicals Agency (ECHA) regularly proposes substances from the Candidate List to be added to the Authorization List by the European Commission.
On February 7, 2024, ECHA and the European Commission (EC) initiated simultaneous three-month consultations regarding ECHA’s 12th draft recommendation for the REACH Authorization List (Annex XIV).
In this scope, 5 substances have been prioritized based on agreed criteria within EU Member States. The draft recommendation is informed by an assessment of registration data and other available information, as well as initial discussions with the Member States’ Committee.
Once a substance is listed on the Authorization List, it cannot be marketed or used beyond a certain date unless specific authorization is granted for particular uses. Companies involved in the use, manufacture, or importation of these substances must seek authorization for their activities.
WHAT’S NEW?
This draft recommendation lists the following substances:
- Melamine (CAS No: 108-78-1; EC No: 203-615-4)
- Bis(2-ethylhexyl) tetrabromophthalate covering any of the individual isomers and/or combinations thereof (TBPH) (CAS No: 26040-51-7, EC No: 247-426-5
- S-(tricyclo[5.2.1.0 2,6]deca-3-en-8(or 9)-yl) O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate (CAS No: 255881-94-8, EC No:401-850-9)
- Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide (CAS No: 75980-60-8, EC No: 278-355-8)
- Barium diboron tetraoxide (CAS No:13701-59-2, EC No:237-222-4).
The classification of Melamine as a substance of very high concern (SVHC) is currently under dispute before the General Court of Justice. However, ongoing legal proceedings do not serve as valid reasons for postponing or delaying ECHA’s recommendation. The outcome of these cases will be evaluated once finalized.
ECHA is seeking additional details regarding the use of these substances within the scope of authorization, potential exemptions from the authorization mandate, and insights into the structure and intricacies of the supply chains. REACH registrants are urged to revise their usage data while providing feedback.
WHAT NOW?
The EU Member State’s Committee will formulate an opinion on ECHA’s draft recommendation, taking into account feedback from the consultation. Following this, ECHA will submit its final recommendation to the European Commission in spring 2025. The Commission will then determine which substances to include in the Authorization List and establish specific conditions for each.
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