Originally published as Covington E-Alert in April 2011

THE REACH REGULATION AND SUBSTANCES OF VERY HIGH CONCERN

The European Union’s Regulation (EC) No. 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (“REACH Regulation”) requires the European Chemicals Agency (“ECHA”) to identify so-called Substances of Very High Concern (“SVHCs”) and to list them in the Candidate List of Substances of Very High Concern (“Candidate List”).¹

•  SVHCs listed in the Candidate List are subject to stringent information and notification requirements that apply to the substances on their own as well as to products containing them. For example, starting as of 1 June 2011, manufacturers and importers of objects, such as textiles, paper, electronic components (so-called “articles”), containing a Candidate List substance in concentrations of more than 0,1% may be required to submit a notification to the ECHA. Similarly, since October 2008, as soon as a substance is listed in the Candidate List, suppliers of articles containing such substance in concentrations of more than 0,1% are required to inform their customers. Suppliers of Candidate List substances and mixtures containing them may also be required to supply safety data sheets to their customers. Furthermore, products containing Candidate List substances may also be subject to the REACH prior authorization requirement and to marketing and use restrictions, and may also be restricted under other EU environmental legislation.
• SVHCs may include Category 1 and 2 carcinogens, mutagens and toxic to reproduction substances (“CMRs”); persistent, bioaccumulative and toxic substances (“PBTs”); very persistent and very bioaccumulative substances (“vPvBs”); and substances raising an equivalent level of concern.

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