On 15 February 2012, the EU's Official Journal published Commission Regulation 125/2012, which adds eight substances to the REACH chemical Regulation's Annex XIV "authorisation" list. The addition of these eight substances brings the number of substances listed in Annex XIV to 22.
Once a substance finds itself on this Annex XIV list, its placing on the market and use within the EU is prohibited after a "sunset date". If any particular company wishes to continue using it after that date, the company will have to apply for a specific authorisation.
The eight substances newly on the list, which are all deemed to be carcinogenic and/or toxic for reproduction, are diisobutyl phthalate (DIBP), diarsenic trioxide, diarsenic pentaoxide, lead chromate, lead sulfochromate yellow (C.I. Pigment Yellow 34), lead chromate molybdate sulphate red (C.I. Pigment Red 104), tris (2-chloroethyl) phosphate (TCEP) and 2,4-dinitrotoluene (2,4-DNT).
Companies wishing to request authorisation have until 21 August 2013 to submit an application for DIBP, until 21 February 2014 for TCEP and 2,4-DNT, and until 21 November 2013 for the other five substances. Without authorisation, DIBP will be banned on 21 February 2015, TCEP and 2,4-DNT on 21 August 2015 and the other five substances on 21 May 2015.
Downstream users (essentially, users who make use of the substances in the course of their activities) may only use such substances for uses that have been authorised. Even in such a case, they must obtain the substance from a company that was granted an authorisation for that use and stay within the conditions of that authorisation.
Annex XIV does not, as such, ban semi-finished or finished goods which already incorporate the substances in the list, from being imported into the EU from third countries. In the case that such a ban arises, it will have to be laid out in Annex XVII, and not Annex XIV, of the REACH Regulation.
On 10 February 2012, the Official Journal published Commission Regulation 109/2012 adding new substance restrictions to Annex XVII (which will enter into force on 1 June 2012). The new restrictions concern, in particular, newly classified entries concerning substances that will be prohibited for sale to the general public.
The EU list of chemicals that are restricted in some way – ranging from a full ban in all products placed on the EU market to restrictions in only certain types of product – is found in the REACH Regulation's Annex XVII. New Commission Regulation 109/2012 amending Annex XVII contains key entries on nickel and borate.
Annex XVII lists chemicals that are carcinogenic, mutagenic or reprotoxic (CMR). It needs to be updated to take into account substances that have been newly classified as CMRs. In a 13 February 2012 statement on the publication of the amended Annex XVII, the Nickel Institute, (representing producers) noted that it includes restrictions for 138 classified nickel substances, preventing their sale for consumer use.
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