ECHA consults on recommending five substances for REACH authorisation
The Agency is also inviting comments regarding the implications of adding a new hazard to dibutyl phthalate (DBP) which is already on the Authorisation List. The consultations are open until 7 May 2024.
Helsinki, 7 February 2024 – The European Chemicals Agency (ECHA) is considering recommending the following substances for the REACH Authorisation List:
- Bis(2-ethylhexyl) tetrabromophthalate covering any of the individual isomers and/or combinations thereof (TBPH);
- S-(tricyclo[22.214.171.124 2,6]deca-3-en-8(or 9)-yl) O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate;
- Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide; and
- Barium diboron tetraoxide.
ECHA is looking for further information on the uses of these substances in scope of authorisation, their possible exemptions from the authorisation requirement and on the structure and complexity of the supply chains. REACH registrants are, therefore, encouraged to update their use information alongside sending their comments.
The European Commission is calling for information separately on the possible socio-economic impacts of adding these substances to the Authorisation List. The information will be passed on directly to the Commission and will not be considered by ECHA.
The identification of melamine as a substance of very high concern is currently being challenged before the General Court of Justice. Ongoing actions before the Court are, however, not considered legitimate grounds for postponing or delaying ECHA’s recommendation. The conclusion of the cases will be assessed when available.
Bis(2-ethylhexyl) tetrabromophthalate (TBPH)
The Commission has also requested ECHA to carry out an investigation on flame retardants, which will cover Bis(2-ethylhexyl) tetrabromophthalate (TBPH), among other substances. This report will support the Commission to decide whether to request ECHA to prepare a restriction dossier. A call for evidence for this investigation is open until 5 April, and ECHA invites interested parties to provide information on TBPH via this call for evidence as well.
Considering that there is currently no decision yet on whether a REACH restriction process will be initiated on TBPH nor what could be the potential uses in scope of such a restriction, TBPH will remain for the moment in the draft recommendation for potential inclusion to REACH Authorisation List. A decision if it is included in the final recommendation will be taken later.
More information about the uses and reasons for including these substances in the draft recommendation for authorisation is in the annex.
ECHA regularly recommends substances from the Candidate List to be included in the Authorisation List by the Commission. It has prioritised these five substances from the Candidate List of substances of very high concern following the approach agreed with Member States. The draft recommendation is based on an assessment of the registration data and other available information, and an initial discussion with the Member State Committee.
The Member State Committee will prepare an opinion on ECHA’s draft recommendation considering the feedback gathered in this consultation. Following the Committee’s opinion and the information received during the consultation, ECHA will send its final recommendation to the European Commission in spring 2025. This will be ECHA’s twelfth recommendation. The Commission will decide which substances to include in the Authorisation List and on the specific conditions for each substance.
If a substance is included in the Authorisation List, it cannot be placed on the market or used after a given date unless an authorisation is granted for a specific use. Companies that are using, manufacturing or importing these substances can apply for authorisation.
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