ECHA

The Member State Committee needs to seek a unanimous agreement on identification of substances as SVHC in accordance with the criteria specified in REACH (Article 57), if comments are received in public consultation on proposals in the form of Annex XV of REACH Regulation.
The substance will be included in the Candidate List without involvement of the Member State Committee only if no comments on the identification are received in the public consultation.

Following the agreement on the substance identification as a SVHC the substances will be included in the Candidate List of substances that may become subject to authorisation (Annex XIV - see "Further information" section below). The Member State Committee may also unanimously agree (see other agreements) that there is not sufficient information available for the identification of the substance as a SVHC, or that the information indicates that the substance is not a SVHC. In these cases the substance will not be included in the Candidate List.

If the Member State Committee does not reach an agreement the matter will be referred to the Commission with an opinion of the Member State Committee reflecting majority and minority views of the members. The final decision on the identification of the substance will then be taken by the Commission.

Opinions of the Member State Committee on ECHA's recommendation for priority substances to be included in Annex XIV

ECHA will need to draft a proposal for recommendation of priority substances to be included in the List of Substances Subject to Authorisation (Annex XIV of the REACH Regulation) at least every two years. Substances are prioritised from the candidate list for inclusion in Annex XIV ("authorisation list") normally on the basis of PBT/vPvB properties, or, wide dispersive uses, or high volumes.

The draft recommendation will be subject to a public consultation. After the public consultation the Member State Committee issues its opinion on the (update) draft recommendation which takes into account the comments submitted during the public consultation. ECHA will take into account the opinion of the Member State Committee when recommending to the Commission priority substances that should be included in Annex XIV.