On 18 September 2012, the European Commission (EC) has submitted to the World Trade Organisation (WTO) for the draft of 3rd amendment in Annex XIV (the “Authorisation List”). Eight Substances of Very High Concern (SVHCs) may be added to the Annex XIV and that may contribute the total number of substances to 22. The amendment is expected to be adopted in March 2013.
Originally the ECHA recommended 13 SVHCs in June 2011 but only 8 substances may be included in the Annex XIV according to the draft. The inclusion of cobalt-containing inorganic compounds may be postponed because the EC considers at least one of the uses of these substances not adequately controlled and further assessment is required. Table A shows the list of proposed SVHCs to be included in Annex XIV and their properties.
Table A: List of proposed SVHCs to be included in the Annex XIV for the 3rd update
REACH authorisation aims at eliminating or effectively controlling risks from chemicals that are of particular concern. Different parties within the supply chain need to comply with certain obligations. Once the substances are included in the Annex XIV, they cannot be placed on the market or used after a given date, unless an authorisation is granted for their specific use, or the use is exempted from authorisation. Manufacturers, importers or downstream users can apply for authorisation for a substance listed in the Annex XIV. However, imported articles are not subject to authorisation obligation. Table B shows the products that fall within the scope.
The European Chemicals Agency (ECHA) submits recommended substances selected from the Candidate List regularly. This is the 3rd update of the Annex XIV and the EC will decide whether those substances should be added. After the publication of the amendment, industries in the EU will have between 18 to 24 months to submit authorisation applications for specific use(s) of these SVHCs. The “sunset dates” are 18 months after the respective application deadlines, and after that date substances listed on Annex XIV can only be used within the EU if an authorisation has already been granted.
Table B: Products that fall within the scope of REACH Authorisation