The European Chemicals Agency (ECHA) has recently updated its Candidate List of Substances of Very High Concern (SVHCs), adding a new entry: triphenyl phosphate. Announced on November 7, 2024, this addition brings the total number of substances on the list to 242. But what are the implications for businesses, and how can they best navigate this regulatory update?
A Focus on the New Substance
Triphenyl phosphate was added to the Candidate List due to its endocrine-disrupting properties, which can have a negative impact on the environment. This substance is commonly used as a flame retardant and plasticizer in various applications, including polymer formulations, adhesives, and sealants.
Its inclusion followed a thorough review by the ECHA Member States Committee, which assessed significant new information on the substance. Initially planned for June 2024, the process was postponed to ensure a comprehensive evaluation.
What Changes for Businesses?
The inclusion of a substance in the Candidate List introduces several legal obligations for businesses, both at the production and supply levels:
Safety information for customers and consumers
If an article contains triphenyl phosphate at a concentration above 0.1% (weight by weight), suppliers must inform customers and end consumers about safe usage. Additionally, consumers have the right to inquire whether purchased products contain SVHCs.Notification to ECHA
Importers and producers must notify ECHA of the presence of triphenyl phosphate in their articles within six months of its inclusion in the list, i.e., by May 2025.Documentation updates
Suppliers of the substance, whether on its own or in mixtures, are required to update the safety data sheets provided to customers, ensuring they include the necessary information.Compliance with the Waste Framework Directive
Under the Waste Framework Directive, the presence of triphenyl phosphate in concentrations exceeding 0.1% must also be reported to ECHA’s SCIP database to ensure traceability of the substance in products.Exclusion from the EU Ecolabel
Products containing SVHCs like triphenyl phosphate cannot qualify for the EU Ecolabel, which is reserved for products meeting stringent environmental sustainability criteria.
The Future of Triphenyl Phosphate in Regulation
Inclusion in the Candidate List is just the first step. This substance could later be added to the Authorisation List, which would mean companies could only use it with specific authorization granted by the European Commission. This process aims to gradually reduce the use of hazardous substances in Europe, encouraging businesses to adopt safer alternatives.
