The substances are listed in REACH Annex XIV because of “equivalent level of concern due to its degradation to a substance with endocrine disrupting properties”. They are constituents in certain two-part polysulfide sealants that are critical to the AD industry. Both substances have a Sunset Date3 of 4 January 2021.
EAAC, assisted by Ramboll, has prepared AfAs, requesting a 4-year review period, for the substances and uses described below:
Annex XIV Entry No. 42: 4-(1,1,3,3-tetramethyl butyl)phenol, ethoxylated (OPE)
- Use 1: The formulation of a hardener component containing OPE within Aerospace and Defence (A&D) two-part polysulfide sealants. View AfA.
- Use 2: Mixing, by Aerospace and Defence (A&D) Companies and their associated supply chains, including the Applicants, of base polysulfide sealant components with OPE-containing hardener, resulting in mixtures containing < 0.1% w/w of OPE for Aerospace and Defence (A&D) uses that are exempt from authorisation under REACH Art. 56(6)(a). View AfA.
- EAAC Applicants: PPG, Boeing Distribution, Inc. (formerly Aviall Services Inc.), Wesco Aircraft
Annex XIV Entry No. 43: 4-Nonylphenol, branched and linear, ethoxylated (NPE)
- Use 1: The formulation of a hardener component containing NPE in Aerospace two-part polysulfide sealants. View AfA.
- Use 2: Mixing, by Aerospace Companies and their associated supply chains, including the Applicant, of base polysulfide sealant components with NPE-containing hardener, resulting in mixtures containing < 0.1% w/w of NPE for Aerospace uses that are exempt from authorisation under REACH Art. 56(6)(a). View AfA.
- EAAC Applicant: Chemetall
The AfA were duly submitted by EAAC applicants ahead of the Latest Application Date (LAD) of 4 July 2019.
Due to capacity constraints at ECHA, the processing of the EAAC AfAs was delayed and current timing communicated by ECHA indicates no final decision on the EAAC AfAs will be made by the European Commission prior to the Sunset Date of 4 January 2021 for the above substances/uses/applicants.
Pursuant to Article 58(1)(c)(ii) of the REACH Regulation, Downstream Users that are relying on the EAAC AfAs listed above may continue to use the referenced substances for the specific uses identified in the AfAs beyond the 4 January 2021 Sunset Date, at least until the European Commission has decided on the Authorisations . However, Downstream Users will only be covered by the pending EAAC AfAs beyond this date if ALL of the following conditions are met:
- The substance (on its own or in a mixture ) is supplied by an applicant, or via a supply chain that purchased the substance from an applicant, for the EAAC AfAs as listed above;
- Their use of the substance is consistent with the specific pending AfA; and
- Downstream Users apply the worker and environmental protection requirements set out in the latest version of the relevant Safety Data Sheets (SDS(s)).
We will keep this website updated with relevant information as the applications proceed.1 Aerospace uses covered for both NPE- and OPE-containing 2-part polysulfide sealants
2 Defence uses covered only for OPE-containing 2-part polysulfide sealants
3 Annex XIV (i.e., the Authorisation List) specifies for each listed substance the “Sunset Date” from which the substance cannot be placed on the market for a use or used after this date, unless an Authorisation is granted for that use or an Application for Authorisation has been submitted for that use before the LAD.