Archived News Article
Guidance available on restrictions of CMR’s in textile and clothing
Following on from the recent publication of Regulation (EU) 2018/1513¹ which regulates 33 substances classified as carcinogenic, mutagenic or toxic for reproduction (reprotoxic) category 1A or 1B, known as CMR’s, under a new entry 72 to Annex XVII of REACH, the European Commission has published a guideline document in order to aid industry in complying with the new restrictions under this new entry.
The Regulation itself applies to the following 3 product categories:
- Clothing or related accessories
- Textiles other than clothing which, under normal or reasonably foreseeable conditions of use, come into contact with human skin to an extent similar to clothing
- Footwear
However, it was felt that further guidance was needed, particularly in relation to 'Textiles other than clothing' and the resulting guidance document, 'Explanatory Guide on the Restriction on CMRs 1A and 1B in Textiles and Clothing'², includes further information on the types of products that both fall into and out of scope of the Regulation, the relevant limits and corresponding analytical methods.
When considering textiles other than clothing which under normal or reasonably foreseeable conditions of use, come into contact with human skin to a similar extent as clothing, the guidance document outlines the following* as falling within scope of the new Regulation:
- bed linen (e.g. sheets, duvet covers, pillow cases),
- blankets, throws
- upholstery (fabric covering chairs, armchairs and sofas etc.)
- cushion covers
- yarn and fabrics intended for use by the final consumer
- bathrobes and towels
* Other products included in the guideline not related to furniture, furnishings and associated home textiles industries are re-usable nappies, sanitary towels and sleeping bags
The guidance document also advises which products are not considered to be within the scope** of the Regulation including:
- Curtains
- Wall-to-wall carpets and textile floor coverings for indoor use, rugs and runners
- textile lampshades and wall decorations
- napkins and table linen
- filling materials in chairs, armchairs and sofas
- non-textile fasteners or decorative attachments - including buttons, zips, velcro, rivets, press studs, clasps or buckles, eye(let)s, toggles, hooks, rings, sequins, beads, pearls, stones or metallic mesh. Note: Prints and coatings are not considered decorative attachments,
- second hand articles,
- articles of PPE which fall within the scope of Regulation (EU) 2016/425
- medical devices which fall within the scope of Regulation (EU) 2017/745
** Other products referenced in the guideline not related to furniture, furnishings and associated home textiles industries are accessories not related to clothing, such as jewellery, glasses and sunglasses; clothing, related accessories or footwear, or parts thereof, made exclusively of natural leather, fur or hide; and disposable nappies and sanitary towels,
It is important to note that whilst there may be different concentration limits for the 33 new CMR substances in other entries of Annex XVII of REACH, as well as other existing EU Regulations, where differences are given the most stringent limits must always be applied.
This new Regulation will come into force on 1st November 2020 for all substances listed, although an additional and provisionally less stringent limit of 300 mg/kg for formaldehyde in upholstery only will be applied from 1st November 2010 to 1st November 2023, after which the more stringent limit of 75mg/kg will be applied.
Original text of both the Regulation and the guidance document can be found at the following links. Should you have any enquiries in relation to the new restriction or are unclear as to whether your products fall within scope of the Regulation, please contact us.