Yesterday, the ECHA released its draft recommended list of substances to be subject to authorization (also known as Annex XIV substances). The draft list contains seven of the fifteen substances currently contained on the Candidate List. The seven substances are:
- 5-tert-butyl-2,4,6-trinitro-m-xylene (musk xylene)
- Alkanes,C10-13,chloro (short chain chlorinated paraffins; SCCPs)
- Hexabromocyclododecane (HBCDD) and all major diastereoisomers identified
- 4,4'-Diamino diphenyl methane (MDA)
- Bis (2-ethylhexyl) phthalate (DEHP)
- Benzyl butyl phthalate (BBP)
- Dibutyl phthalate (DBP)
The agency is inviting interested parties to comment on this draft list and, in particular, in any uses that should be exempted from authorization requirements. Comments are due no later than April 14, 2009.
The draft recommendation contemplates that applications for authorization will be required to be submitted between 24-30 months after the substance is included on Annex XIV. The draft recommendation also contemplates that, absent a permitted authorized use, the substance will be banned 42-48 months after inclusion on Annex XIV.
Companies should consider (1) whether it is likely to be impacted if these seven substances are actually banned and, if so, what steps it should begin taking to be prepare when these substances are banned in the time frame noted above; and (2) whether the company wants to submit comments on any of these seven substances and particular uses.