Various amendments of REACH Annex XVII published

October 2012

Relevant for: Electrical & electronics; Food, health & beauty; Hardlines; Softlines; Toys & children’s products

Recently, there has been several Regulations, published in the Official Journal of the European Union (OJEU), amending REACH Annex XVII. This brings the total number of restricted substances in Annex XVII to 63 as well as an update of two restricted substances. Table A summarizes the recent amendments of REACH Annex XVII.

The details are discussed in the following paragraphs:

• Amendment of Entry 23 – Cadmium restriction in plastic materials
• Inclusion of five phenylmercury compounds as entry 62
• Amendment of Entry 18a - Mercury restrictions in measuring devices

Amendment of Entry 23 – Cadmium restriction in plastic materials

Regulation (EU) No 835/2012 amending the cadmium restrictions under REACH Annex XVII entry 23 was published on 19 September 2012 in the OJEU. The amendment aims at confining the scope of cadmium restriction in synthetic organic polymers and it is effective once published in the OJEU.

The scope of cadmium originally applied to all synthetic organic polymers (referred as plastic materials), paints, jewellery but the scope of the plastic materials is narrow down to specific kinds of plastic materials. Table A compares the cadmium restrictions on plastic materials before and after the amendment. There is no change to the limit of the cadmium restriction and the amendment should apply from 10 December 2012 for the sake of legal certainty.

Upon the introduction of Regulation (EU) 494/2011, certain types of restricted plastic materials do not have suitable alternatives. Hence, further assessment is required. As a result, the European Commission will request the European Chemicals Agency to prepare assessment of cadmium for those types of plastic materials that were restricted for the first time by Regulation (EU) No 494/2011 on 19 November 2012. In order to have a full picture of the cadmium restrictions, please refer to the consolidated version of REACH Regulation and current amendment (the Regulation (EU) No 835/2012).

Table A: Summary of recent amendment of REACH Annex XVII

Table B: Comparison between the scopes of cadmium restrictions on certain plastic materials

Inclusion of five phenylmercury compounds as entry 62

The Regulation (EU) No 848/2012 has been published to include five phenylmercury compounds as entry 62 under REACH Annex XVII on 20 September 2012. In order to give sufficient time for the replacement of the substances by alternatives, the restriction will apply 5 years later on 10 October 2017.

According to the Regulation, substances, mixtures or articles containing those phenylmercury compounds at a concentration greater than or equal to 0.01% by weight should not be available on the market of the European Union. Upon disposal and other various routes, these phenylmercury compounds can lead to the release of mercury to the environment. As Mercury and its compounds are highly toxic to humans, ecosystems and wildlife, there is a widely recognised need to further reduce mercury emissions at an EU and global level.

The five phenylmercury compounds are commonly used as catalysts in polyurethane systems for coatings, adhesives, sealants and elastomer applications. The mercury catalysts are incorporated into the polymer structure and remains in the final product. Consumer products such as footwear, electrical and electronic appliances, furniture, etc. may contain phenylmercury compounds. As there is no specific exemption included in this entry, manufacturers may need to check whether these chemicals are used during the production process and seek any alternatives if necessary. For the details of the restriction, please refer to Table A.

Table C: Summary of entry 62 restriction under REACH Annex XVII

Amendment of Entry 18a - Mercury restrictions in measuring devices

On 20 September 2012, the Regulation (EU) No 847/2012 amending mercury restriction, entry 18a, under REACH Annex XVII has been published. The scope of mercury-containing/using measuring devices is extended to various applications for industrial and professional uses. The amendment will apply on 10 April 2014.

As stated in the Regulation (EC) No 552/2009, the European Commission carried out a review of the availability of reliable safer alternatives for mercury measuring devices. With the significant amount of new information available and alternative measuring devices without mercury are available, it is necessary to extend the scope of restriction and a number of exemptions are granted. Table D summarizes the details of the amendment.

Table D: Summary of the amendment for mercury restrictions