International Trade Today is a Warren News publication.

ECHA Recommends Prohibiting 8 Chemical Substances under EU REACH

On December 20, 2010, the European Chemicals Agency submitted to the European Commission a recommendation that eight chemical Substances of Very High Concern (SVHC1) be subject to “authorization” under the European Union’s REACH2 program.

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

Substances Placed on List Can Not be Used in EU Unless Authorized

Placement on the REACH authorization list would mean that the chemical substances would not be able to be placed on the EU market or used within the EU after a specific date, unless an authorization is requested and granted by ECHA for specific purposes.3

Substances Include a Phthalate, Lead Chromate, Pigments, Etc.

According to ECHA, making the following eight substances subject to REACH authorization would help ensure that their risks are properly controlled and that the substances are progressively replaced:

Substance NameCAS NumberUses
Diisobutyl phthalate (DIBP)84-69-5A substance used as plasticizer for nitrocellulose, polyacrylate and polyacetate dispersions
Diarsenic trioxide1327-53-3A substance used in the manufacture of glass with special properties and of zinc
Diarsenic pentaoxide1303-28-2A substance which could be used as a replacement for diarsenic trioxide, no known current uses in the EU
Lead chromate7758-97-6A substance used as pigment and in the manufacture of pyrotechnics
Lead sulfochromate yellow

(C.I. Pigment Yellow 34)

1344-37-2A pigment used to color plastics and coatings
Lead chromate molybdate sulfate red (C.I. Pigment Red 104)12656-85-8A pigment with similar uses as lead sulfochromate yellow
Tris (2-chloroethyl) phosphate (TCEP)115-96-8A substance used as a plasticizer and viscosity regulator with flame-retarding properties for coatings
2,4 -- Dinitrotoluene121-14-2A substance mainly used in explosives and propellants for ammunition

Final Decision on Authorization to be Made by European Commission

The final decision on the inclusion of the substances in Annex XIV of the REACH Regulation (which lists the substances subject to authorization) will eventually be taken by the European Commission following the regulatory procedure with scrutiny.

Second Time ECHA Recommends Substances for REACH Authorization

This is only the second time that ECHA has recommended substances for authorization. The first was in June 2009 when it recommended that seven substances, including three phthalates, two flame retardants, and other substances be removed from the EU market unless “authorized.” (See ITT’s Online Archives or 06/25/09 news, 09062530, for BP summary.)

1Under REACH, the ECHA is required to place chemical substances it determines are SVHC because they are carcinogenic, toxic to reproduction, bioaccumulative, etc. on a "Candidate List." ECHA then prioritizes the substances on this list according to the level of concern, and recommends to the EC those which are of such concern that they should be subject to REACH "authorization."

2REACH entered into force on June 1, 2007, and is intended to streamline and improve the EU’s former legislative framework on chemicals. It stands for Registration, Evaluation, Authorization and Restriction of Chemicals and places greater responsibility on industry to manage the risks that chemicals may pose to health and the environment.

3Those seeking authorization to use such chemical substances must submit an application which demonstrates how risks are controlled for specific uses of the chemical substances, an analysis of possible alternative substances including the suitability of their use, etc.

(See ITT’s Online Archives or 07/06/10 news, 10070610, for BP summary of ECHA seeking comments in July 2010 on whether these eight substances should be subject to REACH authorization.)