Industry position on authorisation proposal for D4, D5, D6
D4, D5 and D6 have been added to the Candidate List under REACH. Following standard required REACH procedures, a consultation was launched as a next step to gather input on whether or not these substances should be prioritised for authorisation. CES provided significant information and comments to the public consultation and encouraged its value chain to similarly participate in order to ensure that the European Chemicals Agency (ECHA) and the European Commission had the most current and complete information to inform their decision-making processes.
On 16 March 2020, ECHA announced that SEAC has adopted its final opinion supporting ECHA’s proposal to restrict the placing on the market of D4, D5 and D6 as substances, as constituents of other substances, or in mixtures in a concentration equal to or greater than 0.1 % weight by weight of each substance.
Two consultations were launched on 5 March 2020 to gather stakeholder input and remained open until 5 June 2020. On 9-11 February 2021, the 73rd meeting of the Member State Committee (MSC) of the European Chemicals Agency (ECHA) adopted its opinion on ECHA’s draft recommendation. In its opinion, the MSC supported ECHA’s recommendation to propose D4, D5 and D6 for inclusion in the Authorisation list.
On 14 April 2021, the European Chemicals Agency recommended for the European Commission to add D4, D5 and D6 to the Authorisation list. ECHA states that the substances are harmful to the environment and human health, and that they were prioritised for inclusion as they are hazardous, produced in high volumes and widely used. The European Commission is yet to decide if it will follow the recommendation. CES will closely engage with EU and national decision-makers to advocate against such a step.
On 20 July 2021, CES shared its comments to the EU Commission’s summary report on the call for information on socio-economic elements related to the ECHA’s 10th draft recommendation for prioritisation of substances for authorisation.
The silicone industry believes that authorisation is an unnecessary and unjustified regulatory step. European authorities have themselves acknowledged that the restriction route, and not authorisation, is the most appropriate measure to regulate the use and placing on the market of D4, D5 and D6.