Public consultation: which chemicals first?

On 14 January 2009 the European Chemicals Agency (ECHA) launched a public consultation on which chemicals from the Candidate List should move first through the Authorisation process (the so-called ‘Priority’ or ‘Working List’). The Agency has split the public consultation into two parts, one concerning the priority-setting rationale used to select the substances; and another on their proposed priority substances. Anyone interested can comment by 14th April 2009 on either or both parts, using the forms on the Agency website (links given below).

This public consultation is important because the authorisation process is REACH’s strictest set of hurdles which control how and whether chemicals can be placed on the market. This consultation will help collect the information and perspectives about the parameters by which the ranking of chemicals is conducted; and how individual chemicals (or groups of chemicals) are treated within the process (deadlines, exceptions, etc).

Agency’s Proposed Priority Chemicals

The Agency recommends prioritising 7 out of the 15 chemicals that are on the Candidate List. The first version of the Candidate List was published by Agency on 28 October 2008. The Agency’s proposal is called “The Draft recommendation of substances for inclusion in the list of substances subject to Authorisation”.

This draft recommendation and its reasoning is composed of a table describing the chemicals proposed for the list of chemicals to go through authorisation (Annex XIV), and the documents justifying each chemical’s recommendation. The information covers several items:

• when the chemical should no longer be allowed on the market unless it has been authorised (the sunset date);
• when the company must submit an application for continued use (the application date);
• what uses should be exempt from authorisation, and under what conditions.

The Agency is particularly interested in comments on the uses of the chemicals for which exemptions from the ‘authorisation process’ are proposed, and the conditions of those exemptions. For example, one of the proposed chemicals is DEHP, recognised as toxic to reproduction. The Agency is proposing the use of artists’ paints to be exempted from authorisation. Artists’ paints constitute a very small annual use of DEHP, compared to floorings, wirings, cables, hoses and coated fabrics. (See here).

To comment, go here: Draft recommendation of substances for inclusion in the list of substances subject to Authorisation.

List of prioritised substances:

(* PBT = persistent, bioaccumulative and toxic, CMR = carcinogenic, mutagenic and toxic to reproduction, vPvB = very persistent and very bioaccumulative.) (Source: European Chemicals Agency)

The Agency’s approach to Priority Setting

The Agency developed a priority-setting approach that they regard as ‘pragmatic’, relying on the legal criteria of REACH article 58.3 which says that priority should normally be given to chemicals with PBT or vPvB properities; wide dispersive use; or produced in high volumes. The Agency prioritised the Candidate chemicals on the basis of the available information on intrinsic properties, uses, releases and volumes. A background report was developed for each substance. These reports summarise the information that was used to develop the conclusions on the priority setting as well as the information needed to develop the draft recommendation for those substances proposed for inclusion.

To comment on ECHA’s justification for prioritising a substance see here

Any organisation and/or individual who wants to promote reduction in the use of dangerous chemicals can do the following:

• Inform your members, partners and the public about the current public consultation on the candidates for the authorization list.
• Submit comments on the chemicals proposed Agency’s Draft Recommendation
• Submit comments on the prioritisation approach Priority setting of substances for inclusion in the list of substances subject to Authorisation
• Contact us for more detailed information. You can contact Lisette van Vliet at lisette@env-health.org or Hana Kuncova at hana@env-health.org.
• Help us to give input during this public consultation on the priority list. HEAL especially recommends a focus on the three phthalates due to their reproductive toxicity and cumulative effect: DEHP, BBP, DBP; and the flame retardant hexabromocyclododecane (HBCDD) for its “PBT” properties:.

What else you can do:

• Encourage your members, partners and the interested public to ask retailers about the presence of any REACH candidate list chemicals in the products they are buying or considering purchasing, and to share any responses they obtain with HEAL. A model letter can be found here. When they feel their customers’ concern and pressure from the public, retailers will put pressure on their suppliers and the original chemical manufacturers to move away from non-essential uses of toxic chemicals.
• Encourage your members, partners and the interested public to request that your/their national government nominate more chemicals to the Candidate list as soon as possible. The current number of 15 chemicals is too short, given that many more (hundreds of) chemicals, particularly carcinogens, mutagens, and reproductive toxins, have already identified through official EU processes under prior legislation. Chemicals eligible for nominations would be those featuring on the SIN List 1.0*, see (www.sinlist.org). (* SIN List 1.0 – Substitute It Now List 1.0)

Further information:

• ECHA’s press release: Public consultation on inclusion of substances in the authorisation list. This press release includes information on “how will the authorisation process look like in practice” (Attachment 1 to the press release).

Links to related articles:

• Candidate List of Substances of Very High Concern brings duties for companies and kicks in “right to know”
• ECHA Member State committee agrees on 14 Substances of Very High Concern (SVHC)
• Better Public Health: The REACH SIN List 1.0
• REACH milestone: Public Comment sought for the first proposals for the ‘Candidate List’