The European Chemicals Agency (ECHA) announced on June 14, 2023, that it has added two new chemicals to the Candidate List of substances of very high concern (SVHC). One is toxic for reproduction, and the other has very persistent and very bioaccumulative (vPvB) hazardous properties. According to ECHA, their uses include in inks and toners and in the production of plastic products. ECHA provides the following information regarding the chemicals:
|Substance Name||Reason for Inclusion||Examples of Use(s)|
|Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide||Toxic for reproduction (Article 57(c))||Inks and toners, coating products, photo-chemicals, polymers, adhesives and sealants and fillers, putties, plasters, modeling clay|
|Bis(4-chlorophenyl) sulphone||vPvB (Article 57 (e))||Manufacture of chemicals, plastic products, and rubber products|
According to ECHA, the Candidate List now has 235 entries, although some are groups of chemicals, so the overall number of impacted chemicals is higher. ECHA may place these substances 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.
Consequences of the Candidate List
ECHA notes that under the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation, 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) have to 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.
ECHA states that importers and producers of articles “will have to notify ECHA if their article contains a Candidate List substance within six months from the date it has been included” on the list (June 14, 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 publishes this notification in its database of substances of concern in products (SCIP).