On 13 October 2022, the European Commission launched a consultation on its draft amendment to Annex XVII (restricted substances) to REACH Regulation. The aim is to incorporate substances recently classified by Regulation 2022/692, the 18th ATP (Adaptation to Technical and Scientific Progress) of the CLP Regulation (Classification, Labelling and Packaging of Substances) which was published in February 2022.
As a reminder, entries 28, 29 and 30 of Annex XVII to Regulation (EC) No.1907/2006 (REACH) prohibit the placing on the market and use, for supply to the general public, of substances that are classified as carcinogenic, mutagenic or reproductive toxicant (CMR), categories 1A or 1B, and listed in Appendices 1 to 6 to that Annex and of mixtures containing such substances above specified concentrations.
The objective of this draft Commission Regulation is to update Annex XVII (Restricted Substances) to REACH Regulation by inserting the substances recently classified by Regulation 2022/692, 18th ATP (Adaptation to Technical and Scientific Progress) of the CLP (Classification, Labelling and Packaging of Substances) Regulation, published in February 2022.
The cosmetic ingredients involved
In the list of category 1 CMRs that will thus enter Annex XVII, we note the presence of ingredients currently still authorised for use in cosmetics:
• Benzophenone (CAS No: 119-61-9, EC No: 204-337-6)
• Pentetic Acid (CAS No: 67-43-6, EC No: 200-652-8)
• Pentasodium Pentetate (CAS No: 140-01-2, EC No: 205-391-3)
• Theophylline (CAS No: 58-55-9, EC No: 200-385-7)
It should be noted that other substances currently not regulated by the Cosmetics Regulation 1223/2009 have been classified as CMR category 2 by …