Back in September 2013 we reported the 5th public consultation on REACH Annex XIV, recommending five Substances of Very High Concern (SVHCs) to be included. Following the public consultation, European Chemicals Agency (ECHA) submitted its recommendation on these five SVHCs to the European Commission on 10 February 2014.
For each of the SVHC recommended, the ECHA proposes between 18 and 24 months from the date of inclusion of the SVHC in Annex XIV as the latest application date, followed by an additional 18 months for the sunset date. No exemptions have been recommended for any of these SVHCs. These dates and the potential usages of those five SVHCs are given in Table A.
If the Commission decides to include those substances, an amendment to the REACH Annex XIV will be published in the Official Journal of the European Union (OJEU).
REACH authorisation does not apply to imported articles but EU manufacturers and importers of substances and mixtures who wish to place on the market or use an SVHC listed in Annex XIV beyond its sunset date must have an authorisation granted by the Commission.
The Annex XIV currently contains 22 SVHCs but it is expected to increase to 31 around June 2014.
Table A. The latest application dates, sunset dates and the potential application of the 5SVHCs recommended by the ECHA to the European Commission
Latest application date
Aluminosilicate Refractory Ceramic Fibres
Insulation for high-temperature industries; ceramic and metal composite reinforcement; electrical and acoustic insulation
Zirconia Aluminosilicate Refractory Ceramic Fibres
Solvent for synthesis and for production of coated textiles and synthetic fibres
Blowing agent in the rubber and plastics industry
Paints and coating products; emulsion polymerisation
# The abbreviation “DMF” can be confusing as it may also be used for dimethylfumerate (CAS no. 624-49-7), which is restricted under REACH Annex XVII entry 61. Care must be taken when "DMF" is used.
* This is a transitional arrangement. The latest application date is the date of entry into force of the amendment + x months, and the sunset date is the date of entry into force of the amendment + y months.
A pilot enforcement project on authorisation
The Forum for Exchange of Information on Enforcement (Forum) is a network of Member State authorities responsible for REACH enforcement. In their latest meeting in March 2014, it was decided thata pilot project on authorisation would be set up in 2014 with inspections to take place in early 2015. In anticipation of the upcoming sunset dates, this pilot project will focus on gathering experience and building practice and processes for enforcing the authorisation-related obligations.