EU moves toward restrictions on 15 chemical substances
November 4, 2008
World Trade\Interactive
The European Chemicals Agency recently named 15 chemical substances as candidates for its list of substances of very high concern. This action triggers certain obligations under the European Union’s Registration, Evaluation and Authorization of Chemicals regulatory scheme and is the first step toward the possible imposition of restrictions on these items.
Obligations
• As of Oct. 28, EU or European Economic Area suppliers (including importers) of articles that contain one of the candidate list substances in a concentration above 0.1 percent by weight must provide sufficient information to their customers or upon request to consumers within 45 days of receiving such a request. This information is designed to ensure the safe use of the article and must, at minimum, contain the name of the substance.
• As of Oct. 28 EU and EEA suppliers (including importers) of any of these substances must provide their customers with a safety data sheet.
• As of Oct. 28 EU and EEA suppliers (including importers) of preparations not classified as dangerous must provide recipients, at their request, with a safety data sheet if the preparations contain at least one of these substances and its individual concentration is at least 0.1 percent by weight for non-gaseous preparations and at least 0.2 percent by volume for gaseous preparations.
• Beginning Dec. 1, 2011, EU and EEA producers or importers of articles have to notify the ECHA when their article contains one of these substances. This obligation will apply if the substance is present above 0.1 percent by weight and its quantities in the produced or imported articles are above one ton in total per year per company. A notification will not be required when the producer or importer can exclude exposure of humans and the environment during the use and disposal of the article, but in such cases the producer or importer will have to supply appropriate instructions to the recipient.
Authorization
The ECHA will now determine whether the candidate list substances should be designated as substances of very high concern. Once an SVHC is identified the ECHA will determine (a) whether or not it will be subject to authorization, (b) which uses will not need authorization and (c) the date after which a substance cannot be used without authorization. Industry members can apply for authorization to use such substances for specific uses, and authorizations will be granted if the applicant can demonstrate that the risk from the use of the substance is adequately controlled. If the risk is not adequately controlled, an authorization may still be granted if it is proven that the socioeconomic benefits outweigh the risks and that there are no suitable alternative substances or technologies.
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