Identification of Substances of Very High Concern
► What are the characteristics of relevant SVHCs? Preparing the Annex XV report and Public Consultation
1. The legal basis
Article 59 of the REACH Regulation establishes the key steps for the identification of an SVHC. When a substance is identified as a relevant SVHC and thus put on the Candidate List, it may later be selected, or ‘prioritised’ for Authorisation and put on Annex XIV. It is possible that some substances that meet the criteria related to their intrinsic properties will not appear on either list.
A relevant SVHC may be identified by national REACH Competent Authorities, or at the request of the European Commission or by the European Chemicals Agency (ECHA). As the first step, a dossier is prepared explaining why the substance meets the criteria indicated above.
The list of proposed substances is then published on the ECHA website and interested parties are invited to submit comments within a set timeframe.
If no comments are received, the substance will automatically be included on the Candidate List. However, if comments are received, ECHA will refer the dossier to its Member State Committee where agreement will be sought as to whether the substance meets the Article 57 criteria. If there is failure to reach a unanimous agreement at the Member State Committee, then the European Commission will prepare a draft proposal on the identification of the substance and a final decision will subsequently be taken in accordance with the comitology procedure laid out in Article 133.
ECHA has to publish and update the list on its website without delay after a decision on inclusion of a substance has been taken.
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