Echa Publishes Updated Guidance on Substances in Articles

Echa has published the long awaited revision of its guidance on substances in articles.

The agency says the "comprehensive update", which was expected in 2016, gives more clarity on communication and notification obligations when articles contain SVHCs.

It has included new examples, which it says are in line with the judgement of the European Court of Justice (ECJ) ruling in 2015. This said the 0.1% threshold for notifying SVHCs in articles applies to "each of the articles incorporated as a component of a complex product" rather than to the entire item.

Amendments to existing examples have been made as a result of consultation with member states, the European Commission and Echa’s accredited stakeholders. Members at the Partner Expert Group (PEG) meeting in October last year submitted almost 700 comments.

Echa published a "quick update" of the guidance in December 2015 after the ECJ ruling. The agency said this was done to "correct the parts" that were not consistent with the conclusions of the judgement.

Article 33
The guidance now features an illustrative example to check if requirements under REACH Articles 7 and 33 apply.

Article 7(2) says producers and importers of articles must notify Echa if an SVHC is present at over one tonne per producer, or importer, per year, in a concentration higher than 0.1% by weight.

While Article 33 requires companies to reply within 45 days if asked by consumers about the presence – above 0.1% concentration – of SVHCs in their products.

In a letter to Echa and the Commission at the end of 2016, secretary general of SME trade body Ueapme, Peter Faross, said the ECJ had not taken into account the practical efforts needed to ascertain whether a substance is present in an article or not. And therefore, he said: "Article 33 cannot be implemented and it seems its enforcement is not possible to a sufficient extent."

Ueapme has asked the European Commission to reassess the Article in its next REACH Review, due at the end of the year.