ECHA asks for input about their proposal for Downstream User communication requirements

ECHA is seeking industry input, especially from downstream global users about the proposed process they plan to inform the public about uses of Substances of Very High Concern.

ECHA’s intended approach is to share non-confidential information from the notifications with the public and specific anonymized information with companies that applied for and received Authorization. This transparent approach aims to maximize the usefulness of notifications while respecting confidentiality concerns (for example, as regards confidential business information, information that would raise competition law issues, personal information).  The REACH-IT tool has been modified to allow for company import of data on SVHC uses, include where, what, why and how.  The expectation that alternatives will drive notification from companies that they no longer use an SVHC is a key feature.  However, many areas of the world have restrictions about what business information (ex. Contact names) is allowed to be a required disclosure.

Information that will always be made public (green):

  • Substance
  • Member State where the use takes place
  • Whether the notification’s status is active or inactive (substituted/ceased use)[1].

Information that will be made public unless the Downstream User has claimed this information confidential and has provided a valid justification (grey). ECHA will also consult with the Authorisation Holder about the confidentiality of such information about their Downstream Users:

  • Name of the company which notified the use
  • Location of the site
  • Name of the authorised use concerned by the notification
  • Any quantity information provided.

Information that will not be made public (red):

  • Name of the upstream supplier which holds the authorisation for the notified use
  • Information that can be personal such as the email address and the telephone number provided in the notification
  • Any voluntary information provided about the authorised use, except from the quantity (number of staff involved in the use, brief additional description of the specific use, involvement in substitution activities)
  • Any file attachments uploaded by the Downstream User.

Important Points:

  • Companies can mark their notification as inactive in REACH-IT. This is relevant in case they have stopped use of the SVHC, e.g. because they have now implemented an alternative substance or technology.
  • It should also be noted that Article 118(2) of REACH provides – inter alia – that the disclosure of the precise tonnage of the substance or mixture and disclosure of links between a manufacturer or importer and his distributors or downstream users shall normally be deemed to undermine the protection of commercial interests.

[1] Companies can mark their notification as inactive in REACH-IT. This is relevant in case they have stopped use of the SVHC, e.g. because they have now implemented an alternative substance or technology.

New REACH Annex XV Dossiers proposed by Member States

Eight new substances were proposed by various EU member states and the commission to the REACH Annex XV.  These came from Germany, Sweden, & Finland and have a deadline for comments.  Next step is potential add to the Candidate List.

The substances and examples of their uses are:

  • octamethylcyclotetrasiloxane(D4) (EC 209-136-7) – used in washing and cleaning products, cosmetics and personal care products and polishes and waxes;
  • decamethylcyclopentasiloxane (D5) (EC 208-764-9) – used in cosmetics and personal care products, polishes and waxes, washing and cleaning products and textile treatment products and dyes.
  • dodecamethylcyclohexasiloxane(D6) (EC 208-762-8) – used in polishes and waxes, washing and cleaning products, and cosmetics and personal care products;
  • ethylenediamine(EC 203-468-6) – used in adhesives and sealants, coating products, fillers, putties, plasters, modelling clay, and pH regulators and water treatment products;
  • terphenyl hydrogenated(EC 262-967-7) – used as plastic additive, as solvent, in coatings/inks, in adhesives and sealants;
  • lead(EC 231-100-4) – used in metals, welding and soldering products, metal surface treatment products, polymers and heat transfer fluids;
  • disodium octaborate(EC 234-541-0) – used in antifreeze products, heat transfer fluids, lubricants and greases and washing and cleaning products;
  • benzo[ghi]perylene(EC 205-883-8) – not registered under REACH; normally not produced intentionally, but rather occurs as a constituent or impurity in other substances.

The deadline for comments is 23 April 2018.