On 1 June 2009, the European Chemicals Agency (ECHA) situated in Helsinki, Finland, made its first Recommendation of seven substances that should no longer be placed on the market or allowed to be used within the EU, except if specifically authorised. The seven substances, which were prioritised for assessment based on, among others, their hazardous nature, will likely be known to Hong Kong producers, as several of them are used in consumer goods, including various textile applications.

The ECHA had drawn up a so-called Candidate List of 15 substances of very high concern (SVHCs) on 28 October 2008, which it had felt should be assessed for their hazardous properties, with a view to eventual restrictions on their placing on the market and use in the EU. Of the 15, the ECHA prioritised seven, for their particularly dangerous effects. SVHCs comprise substances which are carcinogenic, mutagenic or toxic to Reproduction (CMR) classified in category 1 or 2; persistent, bioaccumulative and toxic (PBT) or very Persistent and very Bioaccumulative (vPvB); and/or identified, on a case-by-case basis, from scientific evidence as causing probable serious effects to humans or the environment of an equivalent level of concern as those just mentioned, e.g., endocrine disrupters.

The seven prioritised substances, including the possible uses to which they are put, are as follows: 

• musk xylene (vPvB). A fragrance enhancer which is used for example in detergents, fabric softeners and fabric conditioners;
• 4,4`-diaminodiphenylmethane - MDA (carcinogenic). A hardener which is used for example in epoxy resins and adhesives;
• short chained chlorinated paraffins - SCCPs (PBT and vPvB). A substance mostly used as a flame retardant and/or plasticiser in various applications such as high performance rubber, sealants, paints or textile coating;
• hexabromocyclododecane - HBCDD (PBT). A flame retardant which is used for example in polystyrene, which is then further processed for the production of insulation panels/boards or packaging products, and in textile applications;
• bis(2-ethylhexyl)phthalate - DEHP (Toxic for reproduction). A plasticiser which is used in a wide range of PVC and other polymers applications, such as for example flooring, roofing, coated fabrics, medical devices or primary packaging of medicinal products, as well as in various preparations such as for example sealants, adhesives and inks;
• benzylbutylphthalate - BBP (Toxic for reproduction). A plasticiser which is used for example in polymer products, and in particular in PVC for flooring applications, in textile and leather coating, as well as in various other preparations such as sealants, coating and inks or adhesives;
• dibutylphthalate - DBP (Toxic for reproduction). A specialist plasticiser which is used in particular in various polymer (PVC/non-PVC) applications (such as floor covering or primary packaging of medicinal products), and as a component of various preparations such as adhesives or paints.

Hong Kong sellers will note that some of the substances above already have restrictions placed on them, e.g., the phthalates DEHP, BBP and DBP are banned for incorporation in toys that are placed on the EU market.

The ECHA has recommended that in the case of all the above-listed substances, no blanket exemptions (i.e., exempted categories of use) be given from the outset - save in the case of SCCPs. In the latter case, exempted categories of use may be the placing on the market or use in preparations in concentrations up to 1%, where the preparation is intended for: metalworking or the fat liquoring of leather. In all other cases, specific authorisations will need to be sought by companies, and provided by the authorities, for use of the substances concerned.

In arriving at its recommendations, the ECHA took into account the comments from interested parties that were received during a public consultation which took place earlier this year. The final decision on whether these seven substances should be subjected to the authorisation process will have to be taken by the European Commission. Thereafter, the substances will be inserted into Annex XIV of the REACH Regulation (the list of substances subject to authorisation) and will only be allowed to be used within the EU when "authorised" for specific purposes.