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EU Will Apply REACH Annex XVII Entry 72 Restriction on Certain CMR Substances in Textile Products and Footwear after 1 November 2020

On 12 October 2018, the European Commission published Regulation (EU) 2018/1513 to approve restricting a list of substances classified as category 1A or 1B carcinogenic, mutagenic or toxic for reproduction (CMR) in clothing and related accessories, skin-contact textiles, and footwear under Annex XVII to REACH Regulation (EC) No 1907/2006. According to the Regulation, Entry No. 72 under Annex XVII and Appendix 12 shall be added. The restrictions shall be fulfilled by 1 November 2020. Here are the highlights:

Scope

The chemical restrictions shall apply to the following products for use by consumers:

  • (a)Clothing or related accessories
  • (b)Textiles other than clothing which, under normal or reasonably foreseeable conditions of use, come into contact with human skin to an extent similar to clothing (excluding “disposable textiles”, which means textiles that are designed to be used only once or for a limited time and are not intended for subsequent use for the same or a similar purpose)
  • (c)Footwear

In addition to traditional clothing and footwear articles, the below articles can be considered within the scope of Entry 72 as they contained textiles expected to be in contact with human skin similar to clothing under normal or reasonably foreseeable conditions of use:

  1. Textiles Toys (plush toy, play mat).
  2. Fancy Dress and Disguise Costumes.
  3. Watch Straps.
  4. Upholstery in Furniture and Juvenile products.
  5. Bags (like handbags, backpacks, briefcases).

However, the restrictions shall not apply to:

  • (a)         Clothing, related accessories or footwear, or parts of clothing, related accessories or footwear, made exclusively of natural leather, fur or hide
  • (b)         Non-textile fasteners and non-textile decorative attachments
  • (c)         Second-hand clothing, related accessories, textiles other than clothing or footwear
  • (d)         Wall-to-wall carpets and textile floor coverings for indoor use, rugs and runners.
  • (e)         Personal protective clothing, related accessories, textiles other than clothing or footwear within the scope of Regulation (EU) 2016/425.
  • (f)           Clothing, related accessories, textiles other than clothing or footwear that are classified as medical devices within the scope of Regulation (EU) 2017/745.

Chemical Restrictions

The substances to be restricted are listed in Appendix 12 of the REACH Regulation, and their concentration limits (measured in homogeneous material) are listed as follows:

Substances CAS No Concentration limit by weight
(measured in homogeneous material)
Cadmium and its compounds (listed in Annex XVII, Entry 28, 29, 30, Appendices 1-6) - < 1 mg/kg (expressed as Cd metal that can be extracted from the material)
Chromium VI compounds (listed in Annex XVII, Entry 28, 29, 30, Appendices 1-6) - < 1 mg/kg (expressed as Cr VI that can be extracted from the material)
Arsenic compounds (listed in Annex XVII, Entry 28, 29, 30, Appendices 1-6) - < 1 mg/kg (expressed as As metal that can be extracted from the material)
Lead and its compounds (listed in Annex XVII, Entry 28, 29, 30, Appendices 1-6) - < 1 mg/kg (expressed as Pb metal that can be extracted from the material)
Benzene 71-43-2 < 5 mg/kg
Benz[a]anthracene 56-55-3 < 1 mg/kg
Benz[e]acephenanthrylene 205-99-2 < 1 mg/kg
Benzo[a]pyrene;
Benzo[def]chrysene
50-32-8 < 1 mg/kg
Benzo[e]pyrene 192-97-2 < 1 mg/kg
Benzo[j]fluoranthene 205-82-3 < 1 mg/kg
Benzo[k]fluoranthene 207-08-9 < 1 mg/kg
Chrysene 218-01-9 < 1 mg/kg
Dibenz[a,h]anthracene 53-70-3 < 1 mg/kg
α, α,α,4-tetrachlorotoluene;
p-chlorobenzotrichloride
5216-25-1 < 1 mg/kg
α, α,α-trichlorotoluene; benzotrichloride 98-07-7 < 1 mg/kg
α-chlorotoluene; benzyl chloride 100-44-7 < 1 mg/kg
Formaldehyde 50-00-0 < 75 mg/kg
(The concentration limit 300 mg/kg shall apply to jackets, coats and upholstery between 1 November 2020 and 1 November 2023. The limit 75 mg/kg shall apply to these products from 2 November 2023.)
1,2-benzenedicarboxylic acid; di-C 6-8-branched alkylesters, C 7-rich 71888-89-6

< 1000 mg/kg
(individually or in combination with other phthalates in this entry or in other entries of Annex XVII that are classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in any of the hazard classes carcinogenicity, germ cell mutagenicity or reproductive toxicity, category 1A or 1B)

Bis(2-methoxyethyl) phthalate 117-82-8
Diisopentylphthalate 605-50-5
Di-n-pentyl phthalate (DPP) 131-18-0
Di-n-hexyl phthalate (DnHP) 84-75-3
N-methyl-2-pyrrolidone;
1-methyl-2-pyrrolidone (NMP)
872-50-4 < 3000 mg/kg
N,N-dimethylacetamide (DMAC) 127-19-5 < 3000 mg/kg
N,N-dimethylformamide;
Dimethyl formamide
68-12-2 < 3000 mg/kg
1,4,5,8-tetraaminoanthraquinone;
C.I. Disperse Blue 1
2475-45-8 < 50 mg/kg
Benzenamine,4,4'-(4-iminocyclohexa-2,5- dienylidenemethylene)dianiline hydrochloride;
C.I. Basic Red 9
569-61-9 < 50 mg/kg
[4-[4,4'-bis(dimethylamino)benzhydrylidene]cyclohexa-2,5-dien-1-ylidene]dimethylammonium chloride;
C.I. Basic Violet 3 with ≥ 0,1 % of Michler's ketone (EC no. 202-027-5)
548-62-9 < 50 mg/kg
4-chloro-o-toluidinium chloride 3165-93-3 < 30 mg/kg
2-Naphthylammoniumacetate 553-00-4 < 30 mg/kg
4-methoxy-m-phenylene diammonium sulphate;
2,4-diaminoanisole sulphate
39156-41-7 < 30 mg/kg
2,4,5-trimethylaniline hydrochloride 21436-97-5 < 30 mg/kg
Quinoline 91-22-5 < 50 mg/kg

Note: The above requirements shall apply without prejudice to the application of any stricter restrictions set out in Annex XVII to the REACH Regulation or other applicable EU legislation.

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