On 17 February 2011 the European Commission formally adopted the first list of substances of very high concern that will be banned within the next three to five years unless an authorisation has been granted to individual companies for their use. These substances are carcinogenic, toxic for reproduction or persist in the environment and accumulate in living organisms. Operators wishing to sell or use these substances will need to demonstrate that the required safety measures have been taken to adequately control the risks, or that the benefits for the economy and society outweigh the risks. Where feasible alternative substances or techniques exist, a timetable for substitution will also have to be submitted. The following 6 chemicals are the first entrants in the Annex XIV: 5-ter-butyl-2,4,6-trinito-m-xylene (musk xylene), 4,4'-diaminodiphenylmethane (MDA), hexabromocyclododecane (HBCDD), bis(2-ethylexyl) phthalate (DEHP), benzyl butyl phthalate (BBP) and dibutyl phthalate (DBP). Before a substance is included in Annex XIV to the REACH Regulation it has been identified as a Substance of Very High Concern (SVHC) and included in the so called Candidate list: Companies may have legal obligations resulting from the inclusion of substances in the Candidate List. These obligations refer not only to the listed substances on their own or in mixtures but also to their presence in articles. From the date of inclusion, EL) or EEA suppliers of articles which contain substances on the Candidate List in a concentration above 0.1% (w/w) have to provide sufficient information to allow safe use of the article to their customers or upon request, to a consumer within 45 days of the receipt of the request. From 2011, EU and EEA producers or importers of articles have to notify ECHA if their article contains a substance on the Candidate List. This obligation applies if the substance is present in those articles in quantities totalling over one tonne per producer or importer per year and if the substance is present in those articles above a concentration of 0.1% (w/w).
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