ECHA Proposes Adding Five Substances to REACH Authorisation List

The substances under consideration are:

• Melamine,
• Bis(2-ethylhexyl) tetrabromophthalate (TBPH), covering any individual isomers and/or combinations thereof,
• S-(tricyclo[5.2.1.0^2,6]deca-3-en-8(or 9)-yl) O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate,
• Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide, and
• Barium diboron tetraoxide.

ECHA is actively seeking additional information on these substances, specifically regarding their current uses, possible exemptions from authorisation, and the structure and complexity of their supply chains. Stakeholders, including REACH registrants, are encouraged to contribute updated use information and comments, with consultations open until 7 May 2024.

Parallel to ECHA's request, the European Commission has launched a separate inquiry into the potential socio-economic impacts of listing these substances for authorisation. The outcomes of this inquiry will directly inform the Commission's decisions but will not influence ECHA's considerations.

Among the substances, melamine's identification as a substance of very high concern is currently under judicial scrutiny. However, legal actions are not deemed sufficient grounds for postponing ECHA's recommendations, with the agency set to consider the conclusion of these cases once available.

In addition, the Commission has tasked ECHA with investigating TBPH and other flame retardants to determine whether a REACH restriction dossier should be prepared. Interested parties are invited to provide relevant information through a call for evidence closing on 5 April.

These proposals stem from ECHA's routine evaluation of substances on the Candidate List deemed of very high concern, prioritising those for potential inclusion on the Authorisation List as agreed with Member States. Following this consultation phase, the Member State Committee will draft an opinion on ECHA's recommendations, with a final decision expected from the European Commission in spring 2025.

The inclusion of a substance on the Authorisation List signifies that its market placement or usage is prohibited post their sunset date unless explicit authorisation is granted for specific uses. Companies involved in the manufacturing, usage, or importation of these chemicals are urged to apply for authorisation if necessary.