Previous consultation on a draft recommendation for amendment of Authorisation List entries

The four phthalates bis(2-ethylhexyl) phthalate (DEHP), benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP) were identified as substances of very high concern (SVHCs) due to their classification as toxic for reproduction and added to the Candidate List in 2008 and 2010. Following ECHA’s recommendations these substances were included in the Authorisation List (Annex XIV to REACH) in 2011 and 2012 (entries 4 to 7).

After inclusion in the Authorisation List, these four substances were additionally identified as having endocrine disrupting properties with effects on human health and, in the case of DEHP, also on the environment. The Candidate List was updated accordingly in 2014 and 2017.

The Commission is currently considering the inclusion of the above-mentioned Article 57(f) properties into the respective entries of these four substances in the Authorisation List. Therefore ECHA has prepared a draft recommendation in accordance with Articles 58(3) and (4) of REACH.

This amendment will mean that some uses which until now have been exempted may require authorisation, such as:

  • uses of the four phthalates in mixtures in concentrations equal or above 0.1 % w/w (so far the concentration limit has been 0.3 % w/w);
  • some uses of DEHP (e.g. in food contact materials or medical devices) that will no longer fall under the ‘generic exemptions from the authorisation requirement’ (see section 2 of the document; exemptions listed in section 1 still apply) due to the endocrine disrupting effects on the environment of DEHP.

More detailed information can be found in an explanatory note.

Please note that ECHA already hosted a public consultation on behalf of the Commission on this issue, which ran from 5 June 2018 to 6 August 2018. Comments submitted during that previous consultation were published on the Commission’s website and will be considered for ECHA’s recommendation on the amendment of Annex XIV.

 

Making comments

ECHA invites comments on the proposed transitional arrangements, in particular from those actors affected by the change in authorisation requirements, i.e. those who may need to apply for authorisation (unless phase-out of the substance before the newly set sunset date is possible).

In addition, comments (including reasons) are invited on uses which should be exempted and on uses for which review periods should be set. Since the substances are already included in Annex XIV, comments regarding the inclusion of the substances in Annex XIV will not be considered.

The documents ‘general approach for preparation of draft Annex XIV entries for substances to be included in Annex XIV’ and ‘ECHA's general responses on issues commonly raised in public consultations on draft recommendations’ (sections B and C) provide background on what kind of information is considered when specifying Annex XIV entries.

Please note that this public consultation does not concern uses which are already subject to authorisation and for which an authorisation decision has been adopted, is pending or under review. The Commission will examine these uses separately, i.e. they are not part of this consultation.

ECHA will consider all comments already received for the previous consultation (June to August 2018). Nonetheless, you still have the possibility to submit your comment(s) in revised or original form.

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