BAKGRUNN (fra Kommisjonens høringsnettside 22.10.2015)

Target group(s)
All citizens and organisations are welcome to contribute to this consultation. In particular, contributions are sought from companies and organisations potentially concerned with the proposed restriction.

Period of consultation
From 22 October 2015 to 22 January 2016 

Objective of the consultation
Article 68(2) of REACH provides a simplified procedure, which the Commission may use to restrict substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR), categories 1A and 1B on their own, in mixtures or in articles that could be used by consumers. The procedure differs from the standard restriction procedure of Articles 69 to 73. Article 68(2) does not foresee the following:

• the preparation of an Annex XV Dossier to initiate the restriction process
• public consultation on it
• opinions by RAC and SEAC
• the consultation of the Forum for Exchange of Information on Enforcement.

The Commission intends to use Art. 68(2) to target specific categories of consumer articles, aiming to restrict CMR substances (categories 1A and 1B) in them. Textile articles and clothing were selected as a first test-case because of the high likelihood of a prolonged – or multiple short-term – exposure of consumers to CMR substances being potentially present in those articles. The list of CMR substances (individual substances or groups) covered by this possible restriction would be added as a specific appendix to Annex XVII to REACH and could be regularly updated, as appropriate. The Commission, in collaboration with ECHA and Member States Competent Authorities, has identified a preliminary list of CMR substances Cat. 1A and 1B potentially present in textile articles and clothing.

The Commission believes the present public consultation is needed to target relevant chemicals and articles and to consider the proportionality and enforceability of a possible restriction in this area. The main objectives of the public consultation is to collect information on

• the presence or likelihood of presence of the identified CMR substances in relevant consumer articles and in so far as is possible also gather information on their concentration, function and on the availability of alternatives

• the potential socio-economic impacts and the enforceability of the possible restriction.