21 May 2015

The European Chemicals Agency (ECHA) is calling for evidence from interested parties wishing to comment on the ECHA report on the restriction proposal for 1-tert-butyl-3,5-dimethyl-2,4,6-trinitrobenzene; musk xylene (EC Number 201-329-4 CAS Number 81-15-2) that is proposing not to initiate a restriction under Article 69(2).

The calls for comments and evidence do not take the place of the public consultation on restriction proposals developed by Member States or ECHA, which forms a standard part of the restriction process.

After the sunset date for a substance included on Annex XIV has elapsed, Article 69(2) of REACH requires ECHA to consider if the use of the substance in articles is adequately controlled, and if not, prepare a dossier which conforms to the requirement of an Annex XV dossier for an appropriate restriction.

Musk xylene is a vPvB substance according to Article 59 of REACH; it has been included on the candidate list (28 October 2008; ED/67/2008) and included into Annex XIV of REACH (Commission Regulation (EU) No 143/2011) with a sunset date of 21 August 2014. Following the last latest application date for the substance specified in Annex XIV, ECHA has gathered information on all the uses of Musk Xylene in articles from various sources.

According to the records there are no registrations for Musk Xylene, there are no Substance in Articles (SiA) notifications made under Article 7(2) and there have been no Applications for Authorisation (AfAs) with Article Service Life.

Previously reported information indicated there was no manufacturing of Musk xylene in the EU. Musk xylene is used as fragrance and fragrance enhancer in fragrance mixtures for cosmetic products and household products such as detergents, fabric softeners, fabric conditioners, cleaning agents, air fresheners in decreasing tonnages.

Following an assessment of the available evidence, ECHA considers that there is no use of the substance in articles. Therefore, under Article 69(2), ECHA’s view is that the requirements to develop and submit an Annex XV dossier for restriction are not met.

Deadline for providing evidence is 15 July 2015