From: ECHA

The European Chemicals Agency (ECHA) has published an updated version of the Guidance on the Application of the CLP Criteria following the conclusion of the consultation process. In parallel, ECHA has released a report on a workshop concerning the validity of the concept of “rapid removal” for aquatic environmental long-term hazard classification of metals and inorganic metal compounds.

For more information and to download the updated guidance document please see the above link.

From ECHA:

The European Chemicals Agency (ECHA) published a list of the following 13 new Substances of Very High Concern (SVHC) candidates. After preparing dossiers for each substance, the ECHA has now invited interested parties to a public consultation in which they can provide comments within a timeframe of 45 days (until 12 April 2012).

After consultation, a decision will be made as to whether the substances will be added to the ECHA Candidate List. Once on the Candidate List, producers, suppliers, importers and retailers must provide business clients directly, and consumers upon request, with information on the presence and safe use of any product containing the SVHC that exceeds 0.1% (w/w). In case the total amount of an SVHC exceeds 1 t per actor per year for all products, this SVHC also has to be notified to the ECHA.

We will keep you updated with any developments.

From ECHA:

For the first time, ECHA is publishing information on articles on the EU market that contain SVHCs included on the Candidate List. The data gathered is based on information provided by companies to ECHA in notification and registration dossiers.

The majority of notifications received so far relate to four phthalates that are on the Candidate List due to their toxicity to reproduction. These can typically be found in plastic articles. Examples of such notified articles are cables, bags, packaging material, waterproof garments and PVC flooring. The second most common notification is for the brominated flame retardant (HBCDD), which is persistent, bioaccumulative and toxic. This substance can be found in articles used by the construction and building sectors such as plastic panels for the thermal insulation of buildings. It has also been notified in polystyrene foam used for packaging and in the plastic housing of electronic appliances.

This does not mean that all articles of these types contain the substance, just that they may. Similarly, not finding an article in the list does not mean that it does not contain an SVHC.

ECHA is providing this information to add to the general increase in knowledge on the use and presence of hazardous substances in consumer articles. It is also to remind importers and producers of their legal obligations, under certain conditions, to notify when their articles contain substances on the Candidate List. Finally, consumers are reminded that they have the right to know when substances on the Candidate List are present in articles that they want to buy. They have the right to ask the retailer this and to receive an answer within 45 days.

From April to December 2011, the Agency received only 203 notifications. This is a new obligation for producers and importers of articles and many may yet be unaware of their responsibility to notify. Consequently, the information does not provide a full picture of substances of very high concern in articles on the EU market. Companies are therefore encouraged to check that they have implemented their legal obligations in this regard.

The deadline for producers and importers of articles to notify ECHA of the presence in articles of the 20 SVHCs that were included in the Candidate List in December 2011 is in June 2012.

The data is available on the ECHA website and is updated every six months.

For more information click here.

From The Euorpean Chemicals Agency:

For the first time, ECHA is publishing information on articles on the EU market that contain SVHCs included on the Candidate List. The data gathered is based on information provided by companies to ECHA in notification and registration dossiers.

The majority of notifications received so far relate to four phthalates that are on the Candidate List due to their toxicity to reproduction. These can typically be found in plastic articles. Examples of such notified articles are cables, bags, packaging material, waterproof garments and PVC flooring. The second most common notification is for the brominated flame retardant (HBCDD), which is persistent, bioaccumulative and toxic. This substance can be found in articles used by the construction and building sectors such as plastic panels for the thermal insulation of buildings. It has also been notified in polystyrene foam used for packaging and in the plastic housing of electronic appliances.

This does not mean that all articles of these types contain the substance, just that they may. Similarly, not finding an article in the list does not mean that it does not contain an SVHC.

ECHA is providing this information to add to the general increase in knowledge on the use and presence of hazardous substances in consumer articles. It is also to remind importers and producers of their legal obligations, under certain conditions, to notify when their articles contain substances on the Candidate List. Finally, consumers are reminded that they have the right to know when substances on the Candidate List are present in articles that they want to buy. They have the right to ask the retailer this and to receive an answer within 45 days.

From April to December 2011, the Agency received only 203 notifications. This is a new obligation for producers and importers of articles and many may yet be unaware of their responsibility to notify. Consequently, the information does not provide a full picture of substances of very high concern in articles on the EU market. Companies are therefore encouraged to check that they have implemented their legal obligations in this regard.

The deadline for producers and importers of articles to notify ECHA of the presence in articles of the 20 SVHCs that were included in the Candidate List in December 2011 is in June 2012.

The data is available on the ECHA website and is updated every six months.

We will keep you updated with any future developments.

From: ECHA

By the date set in the Classification, Labelling and Packaging (CLP) Regulation, the European Chemicals Agency submitted to the European Commission its study on communication of information on the safe use of chemicals to the general public.

The study provides insights on how to further improve hazard communication to EU citizens. It highlights some key key points, including:

• Awareness amongst the general public of the new international hazard labels which appear on the packaging of chemical substances is mostly low but consumers rarely purchase these chemicals, the labels are relatively new and awareness will surely grow. However, work is needed at national, industry and EU level both to raise awareness and, crucially, understanding of what the labels mean.

• Most people make their choices on the safe use and storage of household chemical products on the basis of their acquaintance with the product as well as other emotional drivers which rely more on experience than on information found on the package. Awareness-raising activities therefore also need to take into account these emotional and experience-based drivers.

The remaining key points and complete study can be found on the ECHA website:  http://www.echa.europa.eu/web/guest/view-article/-/journal_content/37a61697-8fbe-4766-baa6-22fdad2ba1f6

Click on the links for more information.

From: ECHA

ECHA has added twenty substances to the Candidate List which now contains seventy-three substances. Among these recent additions, twelve have been included in the Candidate List following the unanimous agreement of the Member State Committee while the other eight, which did not receive comments challenging the identification as SVHC during public consultation, were directly added to the Candidate List. Nineteen SVHCs are carcinogenic and/or toxic for reproduction. Additionally, for the first time a substance
4-tert-octyl phenol – has been identified as an SVHC because of its endocrine disrupting properties which give rise to an equivalent level of concern due to its probable serious effects to the environment.

Companies may have legal obligations resulting from the inclusion of substances in the Candidate List which may apply to the listed substances on their own, in mixtures or in articles.

Producers and importers of articles have six months from today to notify ECHA by 19 June 2012, if both of the following conditions apply: (i) the substance is present in those articles in quantities totalling over one tonne per producer or importer per year and (ii) the substance is present in those articles above a concentration of 0.1 % weight by weight. There are exemptions from the notification obligation if the substance is already registered for the use or when exposure can be excluded.

Below is a link to the Candidate List table.

http://echa.europa.eu/web/guest/candidate-list-table

Click on the links for more information.

From ECHA:

The graduate scheme has been established to respond to the high industry demand for REACH and CLP specialists and to assist young graduates to find employment as regulatory scientists and professionals in the field of chemical regulations.

To achieve its objectives, ECHA recruits chemists, toxicologists, ecotoxicologists, biocides and risk assessment experts as well as REACH and CLP regulatory affairs specialists. The new graduate scheme, which has been developed together with the European Commission, aims to improve the pool of suitable staff available for working at ECHA, as well as helping young graduates find employment as regulatory scientists and regulatory professionals in the field of chemicals.

An essential element of the graduate scheme is an information resource on ECHA’s website of academic courses that are relevant to working in this area of expertise. This information will enable graduates to plan their careers and source training and professional development possibilities as regulatory affairs professionals dealing with REACH and CLP. In addition, ECHA provides background material on the type of work that regulatory scientists at ECHA are engaged in and the qualifications and professional experience generally required to work in this field.

Furthermore, the existing ECHA traineeship scheme is being promoted to encourage uptake by graduates who wish to gain relevant experience with a view to a career in regulatory science. As a concrete, practical measure, the number of ECHA traineeship posts will be doubled with effect from 2012. Geert Dancet, Executive Director of the European Chemicals Agency said: “I am very pleased to be able to announce that the number of ECHA traineeship posts will be doubled from 2012 and we want to encourage graduates who wish to gain relevant experience and become trainees at ECHA to apply“.

The scheme is presented on 11 November 2011 at the ”Education and Skills for Business Competitiveness” conference in Rome organised by Confidustria, the Italian Industry Confederation and the European Commission. Antonio Tajani, Vice-President of the European Commission and responsible for Industry and Entrepreneurship, who announced the training scheme, together with Geert Dancet, said: “Amid times of crisis, the ECHA scheme is specifically developed to support a growing demand for specialists in the chemicals sector. We believe that this is the best way to support young professionals to build the experience and the knowledge they need to succeed in the job market.”

For more information click the link above.

From ECHA:

The Board of Appeal of the European Chemicals Agency (ECHA) has today published its first two final decisions on appeals against decisions adopted by ECHA under the REACH Regulation .

In both cases, the appellants had paid the fee required for the registration of a substance, after the expiry of the deadlines set by the Agency. According to the REACH Regulation and the associated Fee Regulation, non-payment of the registration fee by the set deadline will result in the registration being rejected with any late fee not being refunded.

While both cases dealt with the late payment of the registration fee, the particular circumstances of the cases are different. The Board of Appeal decided in favour of the appellant in one case and in favour of ECHA in the other.

In case A-001-2010, the appellant sought the refund of the registration fee which had been paid after the set deadline. In this case, the Board of Appeal found in favour of the appellant and ordered ECHA to refund both the registration fee and the appeal fee. The Board of Appeal held that although the legislation sets out the consequences of failure to pay the registration fee on time, in this instance there were shortcomings in ECHA’s handling of the case. Taking into account all of the circumstances of this specific case, the Board of Appeal found that ECHA had not fulfilled all the requirements of good administration, particularly in regard to the requirement for clarity of the information it provided to the appellant.

In case A-004-2011, the appellant requested the Board of Appeal to annul the decision rejecting the registration. The appellant considered the rejection of its registration for late payment of the registration fee to be disproportionate. In this case, however, the Board of Appeal decided in favour of ECHA and confirmed that the Agency had acted correctly in rejecting the registration. In reaching its decision, the Board of Appeal found that there was nothing in the specific facts of the case to suggest that ECHA should not have applied the provisions of the above mentioned legislation. Consequently, ECHA had no alternative but to reject the substance registration dossier in question.

The full texts of the decisions are published on the Board of Appeal’s web page at: http://echa.europa.eu/appeals/app_decisions_en.asp.

For more information click the links above.

From: ECHA

ECHA has recently released Newsletter No. 5  for October 2011 on its website. This newsletter discusses the REACH conference, as well as other news from the ECHA over the last couple months.

This newsletter is available at the link below:

http://echa.europa.eu/doc/press/newsletter/echa_newsletter_2011_5.pdf

You can also find past newsletter and publications relating to EU regulations on the ECHA website.

Click on the links for more information.

From the ECHA:

The MSC could not find unanimous agreement based on scientific and technical arguments on a draft decision for a testing proposal. For the first time, the procedure foreseen in Article 51(7) of the REACH Regulation will therefore be used, requiring the referral of the case to the Commission for decision making involving the Commission REACH Committee.

For the full new story please see the link above.