Switzerland: New substances regulated under the Chemical Risk Reduction Ordinance

 

Switzerland has published a Draft Ordinance of the Federal Office for the Environment concerning amendments to annexes 1.17, 2.16, and 2.18 of the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles.

The draft Regulation aims at amending Annex 1.17 of the ORRChem. The draft proposes to include five additional substances in that Annex, namely:

• Tetraethyllead;
• 4,4′-bis(dimethylamino)-4”-(methylamino)trityl alcohol [with ≥ 0.1% of Michler’s ketone (EC No. 202-027-5) or Michler’s base (EC No. 202-959-2)];
• Reaction products of 1,3,4-thiadiazolidine-2,5-dithione, formaldehyde and 4-heptylphenol, branched and linear (RP-HP) [with ≥0.1% w/w 4-heptylphenol, branched and linear];
• 2-ethylhexyl 10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetetra-decanoate (DOTE)
• Reaction mass of 2-ethylhexyl 10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate and 2-ethylhexyl 10-ethyl-4-[[2-[(2-ethylhexyl)oxy]-2-oxoethyl]thio]-4-octyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (reaction mass of DOTE and MOTE).

According to Annex 1.17, the placing on the market and the use of the substances listed in this Annex are in principle prohibited. Authorisations granted by the EU Commission are considered as exemptions from the ban in Switzerland, provided that the substance is placed on the market and used in accordance with the EU authorisation. In addition, the provisions of Annex 1.17 ORRChem prescribe that the Notification Authority may grant further temporary exemptions from the prohibitions on placing on the market and use in Switzerland on request if certain conditions are met.

In November 2021, the intrinsic properties underlying the prohibition of four phthalic acid esters were supplemented in the EU to include endocrine-disrupting properties in addition to reproductive toxicity. As a consequence, some uses that were previously exempted from the general prohibitions no longer benefit from an exemption. The amendment of the ChemRRV provides for a corresponding adaptation to the regulations in the EU. In addition, practical experience has shown that the wording of the general exemption for the use of three hexavalent chromium compounds needs to be clarified.

In accordance with EU law, Annexes 2.16 and 2.18 ORRChem stipulate bans on the placing on the market of vehicle components and vehicles as well as electrical and electronic equipment, cables and replacement parts if they contain certain hazardous substances. Components for which there is no substitute without regulated substances are exempt from the bans. The draft aims at designating the applicable exemptions with reference to EU law.

The regulatory text can be found HERE in German and HERE  in French.

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