EU: REACH + SCIP update

Substances in the focus of the REACH Regulation + SCIP sanctions now possible in the form of fines


List of candidates


On January 23, 2024, five entries were added to the Candidate List. The inclusion of a substance in the Candidate List immediately triggers the information obligation under REACH Article 33. Manufacturers and importers of an article containing a substance on the Candidate List must inform their downstream users that the article contains a substance in a concentration above 0.1%. In addition, a notification must be made in the SCIP database for the products concerned.
 

2,4,6-Tri-tert-butylphenol 

  • CAS No.: 732-26-3; EC No.: 211-989-5 
  • Toxic for reproduction (Article 57c); persistent, bioaccumulative and toxic (PBT) (Article 57d)
  • Manufacture from another substance; formulation of mixtures and in fuel products

2-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)phenol

  • CAS No.: 3147-75-9; EC No.: 221-573-5 
  • Very persistent and very bioaccumulative (vPvB) (Article 57e)
  • Air care products, coating products, adhesives and sealants, lubricants and greases, polishes and waxes as well as detergents and cleaning agents     

2-(Dimethylamino)-2-[(4-methylphenyl)methyl]-1-[4-(morpholin-4-yl)phenyl]butan-1-one 

  • CAS No.: 119344-86-4; EC No.: 438-340-0
  • Toxic for reproduction (Article 57c)  
  • Inks and toners, coating products

Bumetrizole

  • CAS No.: 3896-11-5; EC No.: 223-445-4
  • vPvB (Article 57e)
  • Coating products, adhesives and sealants as well as detergents and cleaning agents

Oligomerization and alkylation reaction products of 2-phenylpropene and phenol 

  • CAS No.: - ; EC No.: 700-960-7
  • vPvB (Article 57e)
  • Adhesives and sealants, coating products, fillers, putties, plasters, modeling compounds, inks and toners and polymers

The entry on DBP, which had already existed since October 28, 2008, was updated because, in addition to the properties of reproductive toxicity (Article 57c) and endocrine disruption (Article 57(f) - human health), the further "SVHC" property of endocrine disruption was identified in relation to the environment:

Dibutyl phthalate (updated entry)

  • CAS No: 84-74-2; EC No: 201-557-4 
  • Endocrine disrupting properties (Article 57(f) - Environment)
  • Metalworking fluids, detergents and cleaning agents, laboratory chemicals and polymers

Endocrine disruptors (EDs) are substances foreign to the body that can interfere with the normal function of the endocrine system and subsequently cause adverse effects.


 

SCIP sanctions


The SCIP database is anchored in the Waste Framework Directive 2008/98/EC. Since January 5, 2021, Article 9 requires suppliers of an article to submit a SCIP notification if it contains a substance on the Candidate List >0.1% (REACH Article 33 (1)). In addition, the publicly accessible database requests further information to ensure the safe handling of the articles concerned. As 2008/98/EC is a European directive, the requirements must be transposed into national law. In Germany, this is done through the Chemicals Act (ChemG).

Section 16f further specifies the information obligation of suppliers since November 16, 2023. The paragraph now essentially lists all points that the SCIP database queries as information to be provided by law. In addition, the latest amendment also introduced a basis for sanctions in Germany. According to Section 26 (1) 6a, suppliers may be in breach of regulations if a SCIP notification is not submitted or is submitted late, incompletely or incorrectly. Fines can therefore be imposed on this basis.

 

Restrictions Annex XVII


Annex XVII of the REACH Regulation lists general restrictions on certain substances that must be observed by all economic operators. Within these entries, various conditions, deadlines and transitional regulations must be observed.

Current (partial) deadlines:
 

51. DEHP, DBP, BBP, DIBP

  • Limit value 0.1 percent by weight of plasticized material in articles
  • The transitional period for articles in aircraft and motor vehicles used exclusively for their maintenance and repair has expired: 07.01.2024

 
68 Linear and branched perfluorinated carboxylic acids 

  • Concentration limit of 25 ppb or 260 ppb for certain substances
  • This regulation applies to semiconductors per se and those incorporated into semi-finished and finished electronic devices since: 31.12.2023 (this regulation applies to semiconductors in spare parts from 31.12.2030)

 
71. 1-Methyl-2-pyrrolidone (NMP)

  • Concentration limit of ≥ 0.3% in substances or mixtures
  • The transitional period for the use of the substance as a solvent or reactant in the wire coating process expires soon: 09.05.2024

76. n,n-dimethylformamide

  • Concentration limit of ≥ 0.3% in substances or mixtures with exemptions for certain occupational safety conditions regarding exposure since 12.12.2023
     

Would you like more information on the REACH Regulation and the SCIP database? You can also read more basics here.

 

Author

Linda Kritzler (B. A.)
Material & Environmental Compliance Consultant

Published on 01.02.2024
Category: Focus Automotive, Focus Industry, Focus Consumer Goods & Retail, Fokus Electrical and Wireless, Fokus Medical Devices, Fokus Third Party, Compliance

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