Certain chemical substances are deemed particularly hazardous by the European Chemicals Agency (ECHA) and are listed in Annex XIV ("the Authorization List") of REACH, which is updated periodically. To use these chemical substances, authorization from ECHA is necessary. During the authorization process, safer alternatives must be explored, and hazardous substances should be replaced if viable alternatives are available, both economically and technically.
ECHA also compiles a Candidate List of particularly hazardous substances, known as "substances of very high concern" (SVHC). These substances are potential candidates for inclusion in Annex XIV, the Authorization List in REACH, and may require authorization for use.
Complementary Swedish legislation applies to the prohibition on the use of chlorinated solvents (e.g. methylene chloride), see förordning (1998:944) om förbud i vissa fall i samband hantering, införsel och utförsel av kemiska produkter (only available in Swedish).
For more information, visit the Swedish Chemicals Agency's pages on REACH and chlorinated solvents.
Exemptions from requirement for authorization
A general exemption from the authorization requirement exists for the use of these substances in scientific research and development, as per Article 56.3 of the REACH Regulation 1907/2006. This exemption means that scientific research and development activities do not need to apply for authorization. It applies to:
- Scientific experiments, analyses, or chemical research conducted under controlled conditions. This includes experimental research or analytical activities at the laboratory scale, such as synthesis, testing of chemical applications, release tests, etc., and the use of substances in monitoring and routine quality control or in vitro diagnostics at the laboratory scale, provided there are procedures in place to minimize risk of exposure to humans or the environment, and for waste management.
- Work conducted within research projects, such as doctoral training, thesis work, or similar activities.
- The total amount of a substance used must not exceed one ton per year per legal entity (e.g., within LiU as an organization).
NOTE: This exemption does not extend to undergraduate education.
If the exemption is also applicable to product- and process-oriented research and development, this will be specified in Annex XIV, along with the maximum amount for which the exemption applies. Otherwise, the authorization requirement remains in force.
Similarly, despite the general prohibition, methylene chloride may be used in research and developement, see the provision from the Swedish Chemicals Agency, KIFS 2017:7 om kemiska produkter och biotekniska organismer (only available in Swedish). The exemption from the prohibition on using methylene chloride at LiU applies to research and development but not to undergraduate education.
Purchasing chemical products prohibited under REACH
When purchasing chemical products that are prohibited under REACH, the buyer often needs to certify their exemption eligibility through an end-user declaration (EUD).
Chemical products forbidden in education
The general exemption allowing the use of certain chemical products in scientific research and development, which would otherwise require authorization, does not extend to educational settings. This means that chemical products listed in Annex XIV (Annex 14, "the Authorization List") of the REACH Regulation are prohibited from use in undergraduate education or equivalent settings. However, this exemption is applicable to research projects, including activities like doctoral training, thesis work, or similar.