More substances proposed for REACH Authorisation List

Companies working within the footwear supply chain may be affected by possible European Union restrictions in the use of a number of substances.

On 7th February 2024, the European Chemicals Agency (ECHA) announced the start of a consultation process with the intention of adding five chemicals – as detailed below – to the REACH Authorisation List. These are currently listed as Substances of Very High Concern (SVHCs).

ECHA is currently gathering information about the use of these substances within the European Union (EU) and is encouraging REACH registrants for these substances to ensure that their usage information is up-to-date and to submit their comments.

Following the consultation period and review of the draft opinion by the Member State Committee, ECHA will submit a final recommendation to the European Commission in spring 2025. The European Commission has issued a separate call for information concerning the socio-economic implications that adding the substances to the Authorisation List may have, and will consider this alongside the recommendation from ECHA when making its final decision for each of the substances being assessed.

If any of the substances under review are added to the Authorisation List, they will be assigned a ‘sunset date’ and, once this has passed, they will no longer be able to be manufactured, imported or placed onto the market as substances within the EU, unless a specific authorisation has been granted to the company using them. However, consumer articles containing the substances will still be permitted to be imported and placed onto the market in the EU.

Five substances under scrutiny

Two of the substances included within the proposal are currently subject to further scrutiny regarding their restrictions. The identification of melamine as a Substance of Very High Concern is currently being challenged before the General Court of Justice. This is not considered to be legitimate grounds to delay ECHA’s recommendation, although the decision of the court may influence the outcome.

Bis(2-ethylhexyl) tetrabromophthalate (TBPH) is currently being investigated alongside other flame-retardant substances to determine if a restriction dossier is required. As there is no current decision on whether a REACH restriction process will be initiated for this substance, or which applications of the chemical would be within the scope of such a restriction, it currently remains under consideration for the Authorisation List. However, it may be removed from consideration should the investigation conclude that more stringent restrictions are required.

Industry applications which may be affected

The five substances under consideration are as follows:

• Melamine (CAS number 108-78-1) used in polymers, foams, coating products, adhesives and sealants, and leather treatment products
• Bis(2-ethylhexyl) tetrabromophthalate (TBPH) covering any of the individual isomers and/or combinations thereof (no CAS number) used in adhesives, sealants and polymers, in addition to flame retardant products
• 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 number 255881-94-8) used in hydraulic fluids, lubricants and greases
• Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide (CAS number 75980-60-8) used in photo-chemicals, inks and toners, coating products, adhesives and sealants, polymers and fillers, putties, plasters and modelling clay
• Barium diboron tetraoxide (CAS number 13701-59-2) which is used in some coating products.

Publishing Data

This article was originally published on page 4 of the March 2024 issue of SATRA Bulletin.

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