The Germany Environment Agency (UBA) has published a report which suggests and argues that the REACH authorisation procedure could be extended to imported articles. The prevailing view from ECHA and the European Commissions has been that authorisation only applies to the use within the EU of Annex XIV (Authorisation List) chemicals. This has been a long standing sore point for EU manufacturers that feel disadvantaged compared to foreign manufacturers that are not subject to such requirements.

The UBA report is available from their website. They’ve provided the following introduction to their report

The EU might introduce an authorization scheme for imported goods such as clothing, sports gear and toys in the REACH Regulation, to aim at a better protection of humans and the environment against Substances of Very High Concern in articles. An UBA study claims that the necessary amendment of the EU chemicals regulation REACH would not breach international trade law. Another simple improvement could be achieved by introducing a standardized communication format to oblige manufacturers to indicate not only the name of the Substances of Very High Concern, but also the concentrations, total volumes and information about hazardous properties and safe use and disposal through the production chain.

The UBA report is another step towards making foreign manufacturers who import products into the EU accountable and on a level playing field with EU manufacturers. Given that the report was published in English rather than in German, it may be intended as part of a lobbying/publicity campaign. It would take several years to implement such regulatory changes. It’s too early to take specific actions based on this report; however, it further emphasizes the motivation to design out any SVHCs that remain as constituents in your products.