REACH Regulation: 11 new substances added to Annex XIV

Philipp Reusch

Regulation (EU) 2020/171, dated 6 February, makes changes to Annex XIV of Regulation (EC) No. 1907/2006 (the REACH Regulation). 11 new substances have been added to the Annex and will now require authorization (Entries Nos. 44-54).

Consequences of inclusion in Annex XIV

Substances which are included in Annex XIV of the REACH Regulation generally may not be marketed or used; they are classified as "substances of very high concern" (SVHCs). This category includes e.g. carcinogens and germ cell mutagens.

This general prohibition does not apply if use of the substance has been approved as the result of an authorization procedure of if an exemption applies.

Do transitional periods apply?

If a new substance is added to the list, it may still be used or marketed until the sunset date expires. The sunset dates which have been defined for the 11 new substances are between 27 February 2023 and 27 November 2023. In order to continue using or marketing a substance after this date, the manufacturer, importer or downstream user would have to file an application for authorization with the ECHA (the European Chemicals Agency) no later than 18 months prior to the sunset date (latest application date). In this case, the substance may continue to be used or marketed after the sunset date, at least until a decision is made on the application for authorization. If the application for authorization is not filed on time prior to the application deadline, the substance may not be used or marketed after the sunset date.

Pay attention to the time windows for submitting applications

The ECHA defines a series of time windows each year in which applications for authorization may be submitted. These time windows can be viewed here. The next time window opens on 7 May 2020. Those submitting an application for authorization will be charged a fee.

[March 2020]