The European Chemicals Agency (ECA) announced on June 7, 2017, that it, together with the European Commission, has added a Q&A to the REACH Annex XVII to assist industry in addressing its concerns regarding the restrictions listed in Annex XVII of the REACH Regulation. The purpose of these restrictions is to protect human health and the environment from unacceptable risks arising from exposure to chemicals. The restrictions apply to substances existing independently, as well as in mixtures or articles, including substances that do not require registration. Businesses should note that these restrictions apply to both goods manufactured and imported into the EU. The Q&A format aims to assist the relevant industry and help law enforcement agencies implement the restrictions in all Member States. According to the Q&A, several items in Annex XVII (items 5, 31, 43, 50, 51, and 52) relate to toys. However, the REACH Regulation does not define the meaning of "toys." According to the EU Toy Safety Directive (2009/48/EC), a toy is defined as "a product designed or intended for use by children under the age of 14 (whether or not specifically intended for their use)." Annex I of the Directive provides a detailed list of products that are not considered toys (e.g., folk dolls and decorative dolls, or puzzles with more than 500 pieces). Additionally, some products explicitly excluded from the toy category include toy cars with internal combustion engines, toy steam engines, projectiles, and catapults. Overall, the Toy Safety Directive's definition of a toy is used to define toys under the REACH Regulation in order to implement the restrictions listed in Annex XVII. Generally, articles that the Directive specifies as not being toys should not be considered toys under the relevant restrictions of the REACH Regulation. "Childcare products" refers to any product that helps a child sleep, relax, maintain hygiene, or feed or suckle a child. This definition also appears in paragraphs 51 and 52 of Annex XVII of the REACH Regulation, defining the scope of "childcare products." "First placement on the market" is another important term related to restrictions that often confuses companies concerned with the REACH Regulation. According to Article 3(12) of the REACH Regulation, "placement on the market" means the supply or provision to a third party, whether for payment or free of charge; and importation is also considered placement on the market. "First placement on the market" narrows the scope of restrictions to the first natural or legal person to supply or provide a substance, mixture or article to the EU market. The first person to place a substance on the EU market can be an EU manufacturer or an importer of the substance, mixture or article. Another important question for businesses is "Which restrictions under the REACH Regulation relate to textiles and leather articles?" According to the Q&A document updated in June 2017, several items in the list of restrictions in Annex XVII relate to articles, such as items 50 to 52, 61 and 63. Even if these items are not specifically mentioned, they may still involve textiles and leather articles. In Annex XVII’s list of restrictions, the following items are specifically related to textiles: – Item 4 ((2,3-dibromopropyl phosphate) phosphate, CAS No. 126-72-7); – Item 7 (tris(azacyclopropyl)phosphine oxide, CAS No. 545-55-1; EC No. 208-892-5); and – Item 8 (polybrominated biphenyls (PBBs), CAS No. 59536-65-1). These items state that the above substances "may not be used in textiles intended for direct skin contact, such as garments, underwear, and fabric products." Additionally, in Annex XVII's restricted list, the following items restrict substances related to textiles and/or leather articles: – Item 18: Restrictions on mercury compounds used in impregnating heavy industrial textiles and in the production of textile yarns; – Item 20 (paragraph 6): Restrictions on dioctyltin compounds in textiles intended for direct skin contact; – Item 23 (paragraph 6): Restrictions on cadmium and its compounds in textiles and clothing; – Item 43: Restrictions on azo colorants and azo dyes in textiles and leather articles that may come into direct and prolonged contact with human skin or mouth (example list provided); – Item 46 (paragraph 3): Restrictions on nonylphenol and nonylphenol polyoxyethylene ethers in textile and leather processing (with individual exceptions); – Item 46a: Restrictions on nonylphenol polyoxyethylene ethers in textiles reasonably expected to be washed with water during the normal product cycle; and – Item 47 (Paragraphs 5-7): Restrictions are imposed on hexavalent chromium compounds in leather goods that come into contact with the skin. For more information, please visit the Q&As page: https://echa.europa.eu/support/qas-support/qas
