TIE is concerned that the proposed draft Order would constitute a technical barrier to trade in infringement with EU law.
The initial list includes two substances that are not currently listed in the REACH Candidate List. The French requirements therefore deviate from requirements at EU-level, including the SCIP database. This sets a negative precedent for other substances and other Member States. It will lead to distortion of the Single Market.
If every Member State would have their own system and list of substances which trigger reporting or labelling requirements, it will not be workable for companies that sell products across the EU. Also, it will be confusing to all stakeholders if a specific substance is considered more dangerous in one EU Member State than in other EU Member States.
We do welcome the possibility to use the Scan4chem application (notification 2023/0117/F) but it will be useful only if the substances are covered by the SVHC list. So, for any additional substances not covered by the SVHC list (the possibility is given to France to evolve their list), then it will be mandatory to display the information on the producers, importers or distributors websites
On specifc articles, we have the following comments :
Article 1 refers to the obligation to provide information on endocrine disruptors. It goes beyond the existing EU legal framework. Regulation (EC) No 1907/2006 (REACH regulation) has requirements to communicate in the supply chain including provision of information to consumers about content of Substances of Very High Concern (SVHCs) which in articles. In parallel, Regulation (EC) No 1272/2008 (CLP regulation) mandates labelling requirements for chemical substances and mixtures.
It makes the provision of information mandatory while currently Article 33.2 of REACH regulation only requires providing this information to consumers on their demand.
It extends the provision of information beyond articles, by including substances and mixtures.
Article 2 refers to the product presenting a particular risk of exposure. The list of these products should be given in the Joint Order given in reference in article 3, and should be notified under Directive (EU) 2015/1535
Article 3 refers to the list of substances given in a Joint Order. Even if this Joint draft order was notified under 2021/0680/F, it should be re-notified it as the list of substances may have changed, as well as the list of product presenting a particular risk of exposure. More generally, it should be notified each time the list is updated.
