Public Consultation for Danish Proposal to Restrict Phthalates Under REACH
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In October 2011, Denmark introduced a proposal to ban 4 phthalates in articles intended for indoor use and products that may come into direct contact with the skin or mucous membranes1. This proposal is so far the strictest approach for an EU-wide regulation regarding the restriction of phthalates in everyday products.
In January 2012, a publication by ECHA on the Danish proposal revealed that, if accepted, it would place a new entry 51a on phthalates under ANNEX XVII of REACH2. Under the proposal, the limit for each of the 4 phthalates would be no more than 0.1% in any plasticised material. The proposed restriction includes a definition on childcare articles which corresponds to the definition3 under the existing restrictions in entries 51 and 52 of ANNEX XVII of REACH. The proposed effective date would be 12 months from the date of entry into force. After collection of public comments in December 2011 the public consultation on the restriction report concludes on 16 March 2012.
Proposed phthalates and limits are summarised in Table 1.
The following product categories are proposed to be exempted as they are already regulated by other EU legal frameworks in order to avoid redundancy and conflicts with the new proposal:
- Immediate packaging of medicinal products or medical devices
- Toys
- Childcare articles as regards to DEHP, DBP and BBP
- Articles intended to come into contact with food
- Articles intended for use indoors and articles that may come into direct contact with the skin or mucous membranes that were use in the EU before date of entry into force
1 SafeGuards 182/2011 and references therein
2 DIBP, DBP, BBP, DEHP, Restrictions under Consideration, European Chemical Agency and references therein
3 Childcare article means an article intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children
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