EU Proposes Revisions to REACH Annex XVII

On April 23, 2020, the World Trade Organization (WTO) circulated a proposal from the European Union (EU) announcing its intention to revise Annex XVII of REACH ‘restrictions on manufacturing, placing of the market and use of certain dangerous substances, mixtures and articles’. The draft regulation and annex contains the following important changes:

  1. Some entries will be deleted because they are covered or will be covered with stricter requirements, under the recast of POP Legislation (Regulation (EU) 2019⁄2021):
  2. Entry 22 for Pentachlorophenol (PCP)
  3. Entry 67 for Decabromodiphenyl Ether (DecaBDE)
  4. Entry 68 for Perfluorooctanoic Acid (PFOA), its salts and PFOA-related substances
  5. Updated the list of harmonised standards in Appendix 10 regarding test methods azo colorants
  6. Removed CAS Number from restriction at entry 46 for Nonylphenol in order to include all isomers

Other revisions are related to reference substances in Appendix 3, 5, 6 regarding CMR subject to restriction of entries 28 to 30 and exemption for entry entries 28 to 30 related to devices falling under Regulation (EU) 2017⁄745 (medical devices).

The draft proposal is opened for comments until May 25th, 2020 and the proposed date of adoption will be in the fourth quarter of 2020. Proposed date of entry into force: 20 days from publication in the Official Journal of the EU. The provisions will apply from different deadlines in accordance with Article 2(2) of the Act.

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