REACh Regulation: update of the list of SVHCs

As a reminder, substances included on the candidate list are not banned or restricted and may continue to be placed on the market.

However, for substances contained in articles (e.g. furniture, seats, mattresses, bedding, furniture parts, furniture packaging, etc.) or furniture components (handles, bases, armrests, etc.) where the concentration of the substance contained in the article is greater than 0.1% weight by weight:

• suppliers of articles must provide their recipients (industrial or professional users, or distributors) with sufficient information to enable the article to be used safely, including at least the name of the substance (Art. 33 of the REACh regulation).
  In addition, they must provide ECHA with information on the safe use of these articles, via the SCIP database (Substances of Concern In articles, as such or in complex objects, Products).
  Finally, at the request of consumers, relevant information must be provided within 45 days of receipt of the request.
• producers or importers of articles must notify ECHA of the presence of a substance in the articles they produce or import, if they produce or manufacture more than one tonne/year (Art. 7.2).

These new substances include melamine (CAS No. 108-78-1), which has been deemed to be a substance for which there is scientific evidence that it may have serious effects on human health or the environment (Art 57 f of REACh).

On the other hand, following the publication of Commission Delegated Regulation (EU) 2022/692 of 16/02/2022 (OJEU of 03/05/2022), corresponding to the 18th ATP (adaptation to technical progress) of the CLP Regulation, melamine is classified as Carcinogen Cat. 2 (hazard statement H351) and STOT RE 2 (hazard statement H373).

This classification will apply from 23 November 2023.

Consequences for furniture manufacturers

• Under the REACh regulation, melamine is not banned or restricted. However, if this substance is contained in articles, as soon as its concentration in the article exceeds 0.1% mass/mass, professionals will be subject to the obligations listed above. Companies must therefore check that the concentration of melamine in an article is well below 0.1% w/w. This refers to free pure melamine in the article and not melamine in the form of a cross-linked polymer resin such as Melamine-Formol resin, used for example in impregnation, or Melamine-Urea-Formol resin used in gluing.
• As part of the protection of workers against the risks associated with exposure to carcinogens or mutagens in the workplace, the wearing of PPE may be required. In addition, manufacturers of mixtures containing more than 0.1% m/m melamine (such as glues) will have to update their Safety Data Sheets to indicate in section 15 that the mixture contains an SVHC substance.
• It is possible that certain certification standards or labels that exclude the use of SVHC in certified or labelled products will mention melamine in their next revision.