Date: Feb 08, 2011
Under REACH, the European Commission makes the decision on whether to move substances from the Candidate List to the Annex XIV (Authorisation List). The Decision is made by the Member State Committee procedure based on recommendations by the European Chemicals Agency (ECHA). ECHA has to make recommendations at least every second year. The Authorities are already working on the Second List of Recommendations. See http://echa.europa.eu/consultations/authorisation/draft_recommendations_en.asp
The draft Annex XIV entries that emerge from the process include:
The draft recommendation is published on ECHA's website and interested parties are invited to submit comments within 3 months of the date of publication, in particular, on uses which should be exempt from the authorisation requirement.
Reviewing the Response to Comments on the substances that have gone through the process to-date is highly illustrative and offers important practice pointers:
The ECHA considers the following in deciding whether an exemption of a use of a substance could be included in ECHA's recommendation:
Taking account of the above criteria:
Obviously a successful strategy to deprioritize a substance for Annex XIV inclusion requires considerable strategy and effort.
The lawyers and scientists at Keller and Heckman LLP can shepherd companies through the Authorisation process by, among other things:
This Article is part of a series on the REACH Authorisation Process. The Brussels office of Keller and Heckman LLP has been assisting clients on REACH Registration for a number of years, and is now focusing its attention on Dossier and Substance Evaluation, Authorisation, Restriction, and REACH Enforcement. For further information, contact Herb Estreicher (Tel: 01-202-434-4334; +32 (0)2 645 50 96; e-mail at email@example.com) or Marcus Navin-Jones (Tel: +32 (0)2 645 50 97); e-mail at firstname.lastname@example.org).