REACH and ROHS restrictions merging?

The ECHA (European Chemicals Agency) based in Helsinki, Finland, has launched a public consultation on the first draft recommendation for what will be included in the list of substances that are subject to authorization under REACH (Registration, Evaluation, Authorization and Restriction of Chemicals). The consultation is part of the process to include these substances in Annex XIV (the REACH authorization list).

The draft also proposes that applications for authorization should be submitted between 24 and 30 months after the substances, if approved, have been included in Annex XIV. Also, these substances cannot be manufactured, imported, or used in manufacturing processes 42 to 48 months after the inclusion date.

The EC (European Commission) may grant an authorization if the applicant can demonstrate that any risk from using the substance is adequately controlled. In such cases, any downstream user may only use the substance for uses which have been authorized, and obtain the substance from the supplier that has been granted an authorization for that use. Any downstream user must notify the ECHA that they are using an authorized substance.

Authorization costs will comprise a base fee for one substance, one use and one applicant with additional fees for adding substances, uses, or applicants.
Alarmingly, authorization fees start at a standard charge of $65,000 per applicant, with an additional fee per use and per substance of $13,000 each. Reduced charges apply for medium, small and micro enterprises.

There are signs that the ROHS and REACH approach to substance restrictions are coming closer together. Four of the seven substances in the REACH list for consultation were highlighted as substances for priority review as part of the recent proposed changes to ROHS, “ROHS 2.”

These were BBP (benzyl butyl phthalate), DBP (dibutyl phthalate), and DEHP (Di(2-ethylhexyl) phthalate) that are used as plasticizers to make PVC plastic soft and flexible and also in adhesives, sealants, paints, and inks; and HBCDD (hexabromocyclododecane), which is a flame retardant used to establish fire safety in all types of polystyrene and in textile coatings.

In theory, it could well be that these four substances will be restricted under ROHS, and subject to exemption, before any requests for authorization are granted under REACH. If a substance is restricted by ROHS (with exemptions) it is not expected that REACH authorization would be needed to cover exempt applications.

The other three proposed substances are: musk xylene used in products such as perfumes, soaps, detergents and fabric conditioners; SCCPs (short-chain chlorinated paraffins) that can be found in oil-based metalworking/cutting fluids and as a flame retardant in rubber and textiles; and MDA (methylenedianiline), which is mainly used to manufacture MDI (methylenediphenyl diiosocyanate) that is then used to make polyurethane. It is also used, but far less frequently, as a hardener in epoxy resins.

Full details can be found on the ECHA Web site and at Newark’s legislation page. If you wish to contribute to the consultation, the closing date for comments is April 14, 2009.

About the author
As director of legislation and environmental affairs, Gary Nevison is Newark’s and Farnell’s spokesperson and customer interface on legislation that affects the electronics industry, such as the ROHS (all variations around the world), REACH, EuP, and WEEE directives. For more on Gary, click here.