ECHA Adds Four Substances to Candidate List

The European Chemicals Agency (ECHA) has added four substances, bisphenol A, nonadecafluorodecanoic acid, including its sodium and ammonia salts, 4-heptylphenol, and 4-tert-pentylphenol, in the candidate list for possible inclusion in Annex XIV of REACH. The list currently contains 173 substances. According to Article 57 of REACH, the substances meet the criteria defined for Substances of Very High Concern (SVHC). For more information on these substances, see the press release of the ECHA.

Inclusion in the candidate list does not result in a registration requirement for manufacturers and importers. Nonetheless, vendors are required to supply their customers with information. For example, vendors of SVHC within the EU must provide their customers with a safety data sheet. The same obligation applies when the vendor supplies a mixture that Directive 1999/45/EC defines as not dangerous, but that contains a substance on the candidate list in an individual concentration of at least 0.1% by weight.

Vendors also have obligations for chemical products. Article 7 Section 2 requires vendors to notify the ECHA when a chemical product they deliver contains an SVHC in a concentration of more than 0.1% by mass. In addition, Article 33 of REACH requires vendors to inform their customers, and if requested, consumers, of the situation (see REACH Info 6, page 23, in dt. Sprache).

In September 2015, the European Court of Justice decided that the threshold value of 0.1% by mass also applies to chemical products that are part of a different chemical product. In other words, a chemical product is defined as each individual component of a product (such as a transistor or the housing of a laptop) rather than simply the end product (such as the entire laptop). The decision means that the requirements are stricter.

Do you deal with products that contain SVHC? We help ensure that you are on the right side of the law. Contact us at any time at reach@kft.de.