K&L takes part on information event at BAuA

BAuA (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin, Federal institute for safety at work and industrial medicine) is the German competent authority for REACH, the so called MSCA in Germany. BAuA offers platforms to discuss crucial questions concerning the registration for chemicals under REACH. Only afterwards can local inquires out of Germany be escalated to ECHA. Accordingly, the respective meetings are very well frequented.

Consultants of K&L participated in the most recent information event on the “A” within REACH, which stands for Authorization and also includes the restriction of chemicals.

Substances in annex XIV REACH have to be authorized. These substances are not permitted for production or import without an authorization by the European Chemicals Agency (ECHA).

Substances in annex XVII REACH are in principle permitted for production or import but are restricted for certain uses. As an example, mercury is not eligible as a component in preparations used for preservation of wood.

The application for authorization has to be submitted to ECHA until a deadline specifically defined for each substance, allowing for an at least 18 months grace period until production or import will be prohibited without authorization. Both dates will be set by ECHA considering the type of substance and other criteria; e.g. the production cycle.

Currently; the following first six substances are scheduled for annex XIV by early 2011.

• 5-tert-butyl-2,4,6-trinitro-m-xylene
• 4,4′- Diaminodiphenylmethane (MDA)
• Bis (2-ethylhexyl)phthalate (DEHP)
• Benzyl butyl phthalate (BBP)
• Dibutyl phthalate (DBP)

Until 2012, the ECHA candidate list defining svhc-substances with a probability to be included in annex XIV will assumedly grow up to 136 items.

It is quite evident that companies’ responsibilities under REACH go far beyond registration obligations. The discussions at BAuA showed that there are still a lot of concerns. K&L will close pursue the progress of discussions and decisions.