EU - Draft regulations updating Annex XVII of REACH are published

Annex XVII: Modification of restrictions 28, 29 and 30

The European Commission proposes to amend restrictions on entries 28, 29 and 30 concerning carcinogens, germ cell mutagens or toxic to reproduction (CMRs).

As a result of the recent harmonised classification of certain substances as CMR category 1A or 1B under Regulation 2024/197 (ATP 21st). The proposed regulation aims to include certain substances in the scope of entries 28, 29 and 30 of Annex XVII of REACH, with the effect of restricting their placing on the market or use for supply to the general public as substances on their own, as constituents of other substances, or in mixtures, and to impose the requirement to mark packaging with the label “restricted to professional users”.

This proposed regulation also aims to introduce a derogation from entries 28 to 30 of Annex XVII of REACH for cumene in certain types of aviation fuels (paraffin, aviation gasoline) for small aeroplanes flown by non-professional pilots.

The timeframe for the adoption of the new provisions for restrictions 28, 29 and 30 is the second quarter of 2025. The exemption for cumene will apply from the date of entry into force. The other provisions will apply from 1 September 2025.

Annex XVII: new entry for PFAS

The European Commission proposes to introduce a new restriction banning the placing on the market and use of per- and polyfluoroalkyl substances (PFAS) in fire-fighting foams and fire-fighting foam concentrates, including ready-to-use portable fire extinguishers.

The expected adoption period of the new restriction is the second quarter of 2025.

In addition, dedicated transition periods are proposed for different applications:

• 12 months for placing on the market of firefighting foams in portable fire extinguishers
• 18 months for placing on the market of alcohol resistant firefighting foams in portable fire extinguishers
• 18 months for its use for training and for testing and for municipal fire services
• until 31 December 2030 for its use in portable fire extinguishers
• 10 years for its use in establishments covered by Directive 2012/18/EU (Seveso sites), for installations belonging to the offshore oil and gas industry, military ships and civil ships already in service.
• 5 years for all others uses such as in civil aviation, new ships and air and land-based defence.

Traceone is paying close attention to the development of the regulatory situation and will keep you updated on any news on this issue.

For more information, please use the following links:

• Draft Commission Regulation amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards carcinogens, germ cell mutagens or reproductive toxicants subject to restrictions.
• Draft Commission Regulation amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards per- and polyfluoroalkyl substances in firefighting foams