A new REACH Annex 17 Q&A was added to the EU website to help answer industry questions. On June 7, 2017, the European Chemicals Agency announced that it would work with the European Commission on Annex XVII of the Registration, Evaluation, Authorization and Restriction of Chemicals Regulations (REACH Regulation). new guidance in a question-and-answer format. The purpose of restrictive measures is to protect human health and the environment from unacceptable risks arising from exposure to chemicals. Restrictions apply to substances existing on their own as well as in mixtures or articles, including substances that do not require registration. Merchants must note that these restrictions apply to both EU-made and imported goods. The guidelines are published in a question-and-answer format and are intended to assist relevant industries and also assist law enforcement agencies in implementing relevant restrictions in all member states. According to the Q&A content, multiple items in Annex XVII (items 5, 31, 43, 50, 51 and 52) are all related to toys. However, the "REACH Regulation" does not define the meaning of "toys". According to the European Union's Toy Safety Directive (Directive 2009/48/EC), a toy is defined as "a product designed or intended for use by children under 14 years of age in play (whether or not specifically intended for their use)." The "Directive" has provided a detailed list in Annex I, specifying what products do not fall into the category of toys (such as folk dolls and decorative dolls, or puzzles with more than 500 pieces). In addition, some products clearly listed as not belonging to the category of toys include toy cars equipped with internal combustion engines, toy steam engines, ejector and catapults. Overall, the definition of toys in the Toy Safety Directive should be used to determine the toys covered by the REACH Regulation in order to implement the restrictions listed in Annex XVII. Generally speaking, the "Directive" stipulates that items that do not fall into the category of toys should not be regarded as toys under the relevant restrictions of the "REACH Regulation". "Child care product" refers to any product that helps children sleep, relax, maintain hygiene, and feed or suck children. This definition also appears in items 51 and 52 of Annex XVII of the REACH Regulation, which determines the scope of "child care products". "First placed on the market" is another important set of words related to restrictive measures that often trouble companies concerned about the REACH Regulation. According to Article 3(12) of the REACH Regulation, "putting on the market" means supplying or providing it to a third party, whether for payment or free of charge; and import is also regarded as placing on the market. "First" placing on the market narrows the scope of restrictions to the first natural or legal person who supplies or makes available a substance, mixture or article to the EU market. The first person to place a substance on the EU market can be the EU manufacturer or the importer of the substance, mixture or article concerned. For merchants, another important question is "Which restriction in the REACH Regulation is related to textile and leather articles?" According to the Q&A document updated in June 2017, in the restriction list of Annex XVII, many items are related to articles. Relevant, such as items 50 to 52, 61 and 63. Even if these items are not specifically mentioned, there is a chance that textile and leather items will be involved. In the restricted list of Annex Azacyclopropyl)phosphine oxide, CAS No. 545-55-1; EC No. 208-892-5); and – Item 8 (Polybrominated biphenyls (PBB), CAS No. 59536-65-1). These items state that the above substances "should not be used in textile products intended to come into direct contact with the skin, such as ready-made clothing, underwear and fabric products." In addition, in the restricted list of Annex XVII, the following items are for substances related to textile and/or leather articles Restrictions imposed: – Item 18: Restrictions on mercury compounds used in impregnating heavy industrial textiles and yarns used in the manufacture of textiles; – Item 20 (paragraph 6): Restrictions on dioctyltin compounds in textiles intended to come into direct contact with the skin Restrictions; – Item 23 (paragraph 6): Restrictions on cadmium and its compounds in textiles and clothing; – Item 43: Azo coloring in textiles and leather articles that may come into direct and long-term contact with human skin or oral cavity Restrictions on chemicals and azo dyes (this item provides an example list); – Item 46 (paragraph 3): Restrictions on nonylphenol and nonylphenol polyoxyethylene ethers in textile and leather processing (except for individual cases) ; – Item 46a: Restrictions on nonylphenol ethoxylates in textiles that are reasonably expected to be washed with water during the normal product cycle; and – Item 47 (paragraphs 5 to 7): Leather that comes into contact with skin There are restrictions on hexavalent chromium compounds in articles. For detailed information, please visit the Q&As page: https://echa.europa.eu/support/qas-support/qas
