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ECHA Adds Nine Hazardous Chemicals to Candidate List

By Lynn L. Bergeson & Carla N. Hutton on January 31, 2023
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The European Chemicals Agency (ECHA) announced on January 17, 2023, that it has added nine chemicals to the Candidate List because of their hazardous properties. According to ECHA, the chemicals are used in flame retardants, paints and coatings, inks and toners, coating products, and plasticizers, and in the manufacture of pulp and paper. The chemicals are:

Substance NameReason for InclusionExamples of Use(s)
1,1′-[ethane-1,2-diylbisoxy]bis[2,4,6-tribromobenzene]Very persistent and very bioaccumulative (vPvB) (Article 57(e) of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation)While the substance itself is not registered under REACH, identification as a substance of very high concern (SVHC) can be seen as a measure to avoid future regrettable substitution.
2,2′,6,6′-tetrabromo-4,4′-isopropylidenediphenolCarcinogenic (REACH Article 57(a))As a reactive flame retardant and as an additive flame retardant in the manufacture of polymer resins, in products such as epoxy coated circuit boards, printed circuit boards, paper and textiles.
4,4′-sulphonyldiphenolToxic for reproduction (REACH Article 57(c));   Endocrine disrupting properties (REACH Article 57(f) — environment);   Endocrine disrupting properties (REACH Article 57(f) — human health)In the manufacture of pulp, paper, and paper products, textile, leather or fur, and chemicals.
Barium diboron tetraoxideToxic for reproduction (REACH Article 57(c))In paints and coatings.
Bis(2-ethylhexyl) tetrabromophthalate covering any of the individual isomers and/or combinations thereofvPvB (REACH Article 57(e))As a flame retardant and as a plasticizer for flexible polyvinyl chloride (PVC) and for use in wire and cable insulation, film and sheeting, carpet backing, coated fabrics, wall coverings, and adhesives.
Isobutyl 4-hydroxybenzoateEndocrine disrupting properties (REACH Article 57(f) — human health)In the manufacture of substances and in the following products: coating products, fillers, putties, plasters, modeling clay, and inks and toners.
MelamineEquivalent level of concern having probable serious effects to human health (REACH Article 57(f) — human health);   Equivalent level of concern having probable serious effects to the environment (REACH Article 57(f) — environment)In polymers and resins, coating products, adhesives and sealants, leather treatment products, laboratory chemicals.
Perfluoroheptanoic acid and its saltsToxic for reproduction (REACH Article 57(c));   Persistent, bioaccumulative, and toxic (PBT) (REACH Article 57(d));   vPvB (REACH Article 57(e));   Equivalent level of concern having probable serious effects to human health (REACH Article 57(f) — human health);   Equivalent level of concern having probable serious effects to the environment (REACH Article 57(f) — environment)While the substance itself is not registered under REACH, identification as an SVHC can be seen as a measure to avoid future regrettable substitution.
Reaction mass of 2,2,3,3,5,5,6,6-octafluoro-4-(1,1,1,2,3,3,3-heptafluoropropan-2-yl)morpholine and 2,2,3,3,5,5,6,6-octafluoro-4-(heptafluoropropyl)morpholinevPvB (REACH Article 57(e))Used in articles, by professional workers (widespread uses), in formulation or re-packing, at industrial sites and in manufacturing.

ECHA states that its Member State Committee confirmed the addition of these substances to the Candidate List, which now has 233 entries. ECHA notes that some entries are groups of chemicals so the overall number of impacted chemicals is higher. These nine chemicals may be placed on the Authorisation List in the future. If a substance is on that list, its use will be prohibited unless companies apply for authorization and the European Commission (EC) authorizes them to continue its use.

Under REACH, companies have legal obligations when their substance is included — either on its own, in mixtures, or in articles — on the Candidate List. Suppliers of articles containing a Candidate List substance above a concentration of 0.1 percent (weight by weight) must provide their customers and consumers information to be able to use them safely. ECHA states that consumers have the right to ask suppliers whether the products they buy contain SVHCs. Importers and producers of articles must notify ECHA if their article contains a Candidate List substance within six months from the date it has been included on the list (January 17, 2023). Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, have to provide their customers with a safety data sheet (SDS).

Under the Waste Framework Directive, companies also have to notify ECHA if the articles they produce contain SVHCs in a concentration above 0.1 percent (weight by weight). ECHA will publish this notification in its database of substances of concern in products (SCIP).

Photo of Lynn L. Bergeson Lynn L. Bergeson

President of The Acta Group (Acta®), Ms. Bergeson counsels clients on issues pertaining to chemical hazard, exposure and risk assessment, and risk communication. She has earned an international reputation in the legal and regulatory aspects of conventional and nanoscale chemical regulatory…

President of The Acta Group (Acta®), Ms. Bergeson counsels clients on issues pertaining to chemical hazard, exposure and risk assessment, and risk communication. She has earned an international reputation in the legal and regulatory aspects of conventional and nanoscale chemical regulatory programs under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the European Union’s Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and on issues pertinent to nanotechnology and other emerging transformative technologies. Specialties include chemical product approval and regulation under TSCA, FIFRA, and REACH, as well as nanoscale substances and nanomaterials law, policy, and regulation.

Today, Ms. Bergeson works with corporations and a wide range of trade associations on evolving regulatory and policy matters pertinent to products of conventional, biotechnology, biobased chemicals, nanotechnologies, and other emerging technologies particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

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Photo of Carla N. Hutton Carla N. Hutton

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as…

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.

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  • Posted in:
    Environmental and Climate
  • Blog:
    REACHblog™
  • Organization:
    The Acta Group

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