REACH: Authorization Annex XIV entails Restriction Annex XVII

Substances of very high concern (SVHCs) fulfilling the requirements of the articles 57 and 59 REACH are put on the so called candidate list by ECHA (European Chemicals Agency). After a due commenting process, those substances may be put into REACH Annex XIV and will then be subject to authorization. This means that they are not allowed to be used without having an authorization from ECHA for that single use. On the other hand, they can still enter the EU as a substance in an article.

This, of course, is largely perceived as contradictory to one of the objectives REACH should achieve, namely the restriction of use of SVHCs. Furthermore, it may lead to the assumption, that manufacturers of articles may move their production facility into non-EU countries in order to import the finished or intermediate products containing SVHCs back into the EU. Presently, no authorization but only information obligations according to article 33 may apply then.

The REACH regulation, however, also provides another procedure in order to protect the consumer from the exposition and the impacts of CMR substances category 1A and 1B that belong to the SVHCs.Article 68.2 REACH regulation should take care of this. It says that the Commission is entitled to adapt or add restrictions for those substances, using a special procedure related to the council decision 1999/468/EC. As the CMR substances category 1A and 1B, amongst others, are in the focus for the candidate list, it seems quite likely, that substances listed in annex XIV will very soon also appear in annex XVII, restricted for the use in goods or articles that may be used by consumers.